GA · rules
Ga. Unif. Super. Ct. R. 17.1
Method of Resolution
(A) An attorney shall not be deemed to have a conflict unless:
(1) the attorney is lead counsel and/or has been subpoenaed as a witness in two or more actions;
and
(2) the attorney certifies that the matters cannot be adequately handled and the client’s interest
adequately protected by other counsel for the party in the action or by other attorneys in lead
counsel’s firm; certifies that in spite of compliance with this rule, the attorney has been unable to
resolve these conflicts; and certifies in the notice a proposed resolution by list of such cases in
the order of priority specified by this rule.
(B) When an attorney is scheduled for a day certain by trial calendar, special setting, court order
(including a subpoena compelling his or her appearance to testify), scheduling order issued by
the Hearing Panel of the Judicial Qualifications Commission, or written invitation issued by the
Investigative Panel of the Judicial Qualifications Commission to appear in two or more courts
(trial or appellate; state or federal) or any proceeding or meeting before either Panel of the
Judicial Qualifications Commission, the attorney shall give prompt written notice as specified in
(A) above of the conflict to opposing counsel, to the clerk of each court and to the judge before
whom each action is set for hearing (or, to an appropriate judge if there has been no designation
of a presiding judge). The written notice shall contain the attorney’s proposed resolution of the
appearance conflicts in accordance with the priorities established by this rule and shall set forth
the order of cases to be tried with a listing of the date and data required by (B)(1)-(4) as to each
case arranged in the order in which the cases should prevail under this rule. In the absence of
objection from opposing counsel or the courts affected, the proposed order of conflict resolution
shall stand as offered. Should a judge wish to change the order of cases to be tried, such notice
shall be given promptly after agreement is reached between the affected judges.
Attorneys confronted by such conflicts are expected to give written notice such that it will be
received at least seven days prior to the date of conflict.
Absent agreement, conflicts shall be promptly resolved by the judge or the clerk of each affected
court in accordance with the following order of priorities:
(1) Criminal (felony), all proceedings or meetings before either Panel of the Judicial
Qualifications Commission, and habeas actions shall prevail over civil actions. Criminal actions
in which a demand for speedy trial has been timely filed pursuant to OCGA §§ 17-7-170 and/or
17-7-171 shall automatically take precedence over all other actions unless otherwise directed by
the court in which the speedy trial demand is pending;
(2) Jury trials and all proceedings or meetings before either Panel of the Judicial Qualifications
Commission shall prevail over non-jury matters, including trials and administrative proceedings;
(3) Within the category of non-jury matters, the following order of priority shall apply: (a)
hearings with dependency case time limitations required by OCGA § 15-11-102 and termination
of parental rights hearings, (b) trials, and (c) all other non-jury matters, including appellate
arguments, hearings, and conferences.
(4) Within each of the above categories only, the action which was first filed shall take
precedence.
(C) Conflict resolution shall not require the continuance of the other matter or matters not having
priority. In the event any matter listed in the letter notice is disposed of prior to the scheduled
time set for any other matter listed or subsequent to the scheduled time set but prior to the end of
the calendar, the attorney shall immediately notify all affected parties, including the court
affected, of the disposal and shall, absent good cause shown to the court, proceed with the
remaining case or cases in which the conflict was resolved by the disposal in the order of
priorities set forth in this rule.
History
Amended effective March 9, 1989; October 9, 1997; January 17, 2008; October 23, 2008; October 25, 2012; November 28, 2013; July 15, 2021; April 9, 2026.
Provenance
- Source
- georgiasuperiorcourts.org
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2a1ed63dd9752e79c79820dd2b21a2820fdb86459c494a415454a6f4c3649647
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