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Rule 1.5.Deviation

Rule 1. PREAMBLE · Last amended 2010 · Last verified July 17, 2026

In one sentenceRule 1.5 forbids any court from adopting a systemwide local deviation from the Uniform Superior Court Rules, but allows a judge to supersede a specific rule in a single case through an order that explains the necessity for the deviation and is served on the attorneys in that case.

Full Text of Rule 1.5

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These rules are not subject to local deviation. A specific rule may be superseded in a specific action or case or by an order of the court entered in such case explaining the necessity for deviation and served upon the attorneys in the case. Nothing herein is intended to prevent the courts from adopting standing orders regarding matters not addressed in these rules so long as they do not conflict with these rules.

Plain-English Summary

Rule 1.5 draws a line between two distinct things: a court trying to run its own permanent variant of a uniform rule, and a judge adjusting how a rule applies in one particular case. The first is barred outright — these rules are not subject to local deviation. The second is allowed, but only through a specific mechanism: an order entered in that case, explaining the necessity for the deviation, and served on the attorneys involved.

That distinction matters because it keeps deviation accountable and visible. A blanket local departure from a uniform rule would recreate the patchwork Rule 1.1 eliminated; a case-specific order, by contrast, is tied to one action, has to justify itself on the record, and reaches the attorneys who need to know about it. Rule 1.5 also confirms that courts remain free to adopt standing orders on matters the uniform rules never address, as long as those orders do not conflict with the rules already in place.

Frequently Asked Questions

Can a superior court circuit adopt its own version of a uniform rule for all its cases?

No. Rule 1.5 states that these rules are not subject to local deviation.

How can a specific uniform rule be superseded in an individual case?

By an order of the court entered in that case, explaining the necessity for the deviation, and served upon the attorneys in the case.

Does the court have to explain why it is deviating from a rule in a case?

Yes. Rule 1.5 requires the order to explain the necessity for the deviation.

Who has to be served with an order deviating from a uniform rule in a case?

The attorneys in the case.

Can courts still issue standing orders on topics the uniform rules do not address?

Yes, so long as those standing orders do not conflict with the Uniform Superior Court Rules.

Amendment History

Amended effective October 7, 2010.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source
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