Power to Prescribe and Revise Rules of Practice and Procedure in Courts of State; Ratification by General Assembly; Assistance of Bar Committee

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  6. Power to Prescribe and Revise Rules of Practice and Procedure in Courts of State; Ratification by General Assembly; Assistance of Bar Committee

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  1. The Supreme Court and the Justices thereof shall have the power to prescribe, modify, and repeal rules of procedure, pleading, and practice in civil actions and proceedings in the courts of this state and of practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts or tribunals of this state. The rules shall not abridge, enlarge, or modify the substantive rights of any litigant.
  2. Whenever the Supreme Court adopts or prescribes any rules under this Code section, the rules shall be reported by the court to the General Assembly at the next regular session thereof or at an extraordinary session authorized by law to consider and ratify them. The rules shall not take effect until they have been ratified and confirmed by the General Assembly by an Act or resolution thereof.
  3. The Supreme Court is authorized to repeal, modify, or amend any rule adopted or prescribed by it, but no repeal, modification, or amendment shall be effective until it has been ratified by an Act or resolution of the General Assembly.
  4. The Supreme Court shall appoint a committee or committees from the bar of this state to aid in the preparation of rules.
  5. This Code section shall not be construed as constituting an abandonment or disclaimer of the power of the General Assembly to enact laws regulating procedure in the courts of this state.

(Ga. L. 1945, p. 145, §§ 1-5.)

Cross references.

- Requirement of uniform rules of practice and procedure for courts of each class, Ga. Const. 1983, Art. VI, Sec. I, Para. V; Ga. Const. 1983, Art. VI, Sec. IX, Para. I.

Law reviews.

- For comment on Crider v. State, 115 Ga. App. 347, 154 S.E.2d 743 (1967), see 4 Ga. St. B. J. 265 (1967).

JUDICIAL DECISIONS

Rule making authorization applies to any court or tribunal.

- This section does not limit rule making authorization to "appeal or review" to appellate courts, but specifically states "to or from any of the courts or tribunals of this state." Fair v. State, 220 Ga. 750, 141 S.E.2d 431 (1965).

Authority to prescribe motions for new trials.

- This section authorizes court to prescribe rules as to motions for new trial in criminal or civil cases. Fair v. State, 220 Ga. 750, 141 S.E.2d 431 (1965).

No authority to prescribe criminal rules of procedure.

- This section does not authorize court to prescribe rules of procedure, pleading, and practice in trial of criminal cases. Wilson v. State, 215 Ga. 775, 113 S.E.2d 607 (1960); Fair v. State, 220 Ga. 750, 141 S.E.2d 431 (1965).

Cited in Maxwell v. Arnold, 76 Ga. App. 576, 46 S.E.2d 623 (1948).


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