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Rule 1.PREAMBLE

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

In one sentenceRule 1 states the constitutional and inherent-power basis for the Uniform Superior Court Rules, declares that their purpose is to resolve civil disputes and criminal prosecutions speedily, efficiently, and inexpensively, and establishes that the rules are not intended to conflict with the Georgia Constitution or substantive law and yield to substantive law whenever a conflict arises, while otherwise overriding inconsistent local practices statewide.

Full Text of Rule 1

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Pursuant to the inherent powers of the Court and Article VI, Section IX, Paragraph I of the Georgia Constitution of 1983, and in order to provide for the speedy, efficient and inexpensive resolution of disputes and prosecutions, these rules are promulgated. It is not the intention, nor shall it be the effect, of these rules to conflict with the Constitution or substantive law, either per se or in individual actions and these rules shall be so construed and in case of conflict shall yield to substantive law. It is the intention of these rules and the policy of this State that these rules prevail over local practices and procedures and shall be in force uniformly throughout the State.

Plain-English Summary

Rule 1 opens the Uniform Superior Court Rules by explaining where the rules come from and what they are for. The Superior Court draws on its own inherent power, together with Article VI, Section IX, Paragraph I of the Georgia Constitution of 1983, to promulgate the rules that follow. The stated goal is practical: resolve civil disputes and criminal prosecutions in a way that is speedy, efficient, and inexpensive for everyone involved, from the litigants to the court itself.

The Preamble also draws a boundary around what these procedural rules can do. They are not meant to conflict with the Georgia Constitution or with substantive law, either on their face or as applied in individual actions. If a conflict between a rule and substantive law does arise, the rule yields to substantive law specifically. Procedure exists to serve the underlying law, not to reshape it, and Rule 1 makes that hierarchy explicit before any of the operative rules begin.

Finally, Rule 1 sets the uniformity principle that gives the rules their name. The stated policy of the State is that these rules prevail over local practices and procedures and apply with equal force in every superior court circuit. That single sentence is why a lawyer or litigant can rely on the same core procedure whether the case is filed in a small rural circuit or a large metropolitan one.

Frequently Asked Questions

What authority allows the superior courts to adopt the Uniform Superior Court Rules?

Rule 1 grounds the rules in the inherent powers of the Court and in Article VI, Section IX, Paragraph I of the Georgia Constitution of 1983.

What is the stated purpose of the Uniform Superior Court Rules?

To provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions — the rules cover both civil actions and criminal cases.

What happens if a uniform rule conflicts with the Georgia Constitution or a statute?

Rule 1 states that it is neither the intention nor the effect of the rules to conflict with the Constitution or substantive law, and the rules are to be construed accordingly. The rule text's yield clause specifically provides that, in case of conflict, a rule yields to substantive law.

Do the Uniform Superior Court Rules override a circuit’s own local practices?

Yes. Rule 1 states the policy of the State that these rules prevail over local practices and procedures and remain in force uniformly throughout Georgia.

When was Rule 1 last amended?

September 19, 1986, and again October 7, 2010.

Amendment History

Amended effective September 19, 1986; 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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