RulesofCivilProcedure.com Civil Procedure · Every State

§ 9-11-78.Motion days

Chapter 11. Civil Practice Act · Article 9. General Provisions · Last amended 1966 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-78 directs each court, unless local conditions make it impracticable, to set regular, frequent times and places for hearing motions that require notice and a hearing, while leaving the judge free to schedule and conduct actions at any other time or place on whatever reasonable notice the circumstances call for.

Full Text of § 9-11-78

Text size

Unless local conditions make it impracticable, each court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as is reasonable may make orders for the advancement, conduct, and hearing of actions.

Plain-English Summary

This section opens Article 9’s housekeeping provisions with a docket-management rule: each court must establish regular times and places, at intervals frequent enough for the prompt dispatch of business, at which motions requiring notice and a hearing may be heard and disposed of. The point is predictability — lawyers and litigants should be able to count on when contested motions will get a hearing, rather than waiting on an ad hoc schedule.

The requirement bends for courts where a fixed calendar doesn’t fit local conditions, and it never restricts a judge’s broader authority. The same section preserves the judge’s power to make orders for the advancement, conduct, and hearing of actions at any time or place, on whatever notice — if any — is reasonable under the circumstances, so a regular motion-day calendar supplements rather than boxes in the court’s scheduling discretion.

Frequently Asked Questions

Is every Georgia court required to set fixed motion days?

Generally, yes. Each court must establish regular times and places for hearing motions requiring notice and a hearing, at intervals frequent enough for prompt business, unless local conditions make that impracticable.

Can a judge hear a motion outside the regular motion days?

Yes. The judge may make orders for the advancement, conduct, and hearing of actions at any time or place, on whatever notice, if any, is reasonable under the circumstances.

What kinds of motions does this section address?

Motions requiring notice and a hearing, as opposed to motions a court may decide without one.

Does this section set a specific interval for how often motion days must occur?

No. It requires only that the intervals be sufficiently frequent for the prompt dispatch of business, leaving the specific schedule to each court.

What excuses a court from setting regular motion days?

Local conditions that make a regular schedule impracticable.

Amendment History

Ga. L. 1966, p. 609, § 78.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
Also known as: georgia motion days statutewhen are motions heard in georgia courtgeorgia civil practice act motion calendargeorgia court motion hearing schedule