Filing of Briefs on Court Order Where Cases Not Disposed of During Term; Additional Argument; Effect of Failure to Comply With Order

  1. Law
  2. Georgia Code
  3. Appeal and Error
  4. Certiorari and Appeals to Appellate Courts Generally
  5. General Provisions
  6. Filing of Briefs on Court Order Where Cases Not Disposed of During Term; Additional Argument; Effect of Failure to Comply With Order

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  1. Whenever the appellate court may be unable to dispose of all cases on its docket for any term before the time fixed by law for the succeeding term to begin, the court may pass an order requiring counsel in all such cases to file their briefs in the clerk's office of the court on or before a certain day prior to the succeeding term. All cases in which briefs are thus filed shall be considered as heard at the term of the court to which returned. They shall be determined and the decision therein shall be announced by the court as soon after the briefs are filed as may be practicable. Should the court desire to hear argument in addition to that submitted in the briefs, the court may pass an order requiring counsel to submit further argument by brief or in open court at such time as may be prescribed in the order.
  2. Upon failure of counsel for the appellant to comply with the order of the court, where no sufficient excuse is shown for noncompliance, the case shall be dismissed for want of prosecution.

(Ga. L. 1878-79, p. 151, §§ 1-4; Civil Code 1910, §§ 6198, 6199, 6200, 6201; Code 1933, §§ 6-1602, 6-1603, 6-1604, 6-1605.)

Cross references.

- Ga. Const. 1983, Art. VI, Sec. IX, Para. II.

Schedule of terms of Court of Appeals and Supreme Court, §§ 15-2-4,15-3-2.

Filings in clerk's office, Rules of the Supreme Court of the State of Georgia, Rule 1.

Filing with clerk's office, Rules of the Court of Appeals of the State of Georgia, Rule 1.

JUDICIAL DECISIONS

Cited in Hazen v. Morris, 94 Ga. App. 634, 95 S.E.2d 765 (1956); Granite Loan Solutions, LLC v. King, 334 Ga. App. 305, 779 S.E.2d 86 (2015).

RESEARCH REFERENCES

ALR.

- Prejudicial effect of trial court's denial, or equivalent, of counsel's right to argue case, 38 A.L.R.2d 1396.


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