On its own motion or upon motion of the opposite party, the court may dismiss without prejudice any civil action, or where appropriate, any pleading filed on behalf of any party upon the failure to properly respond to the call of the action for trial or other proceeding. In civil actions or criminal cases the court may adjudge any attorney in contempt for failure to appear without legal excuse upon the call of any proceeding.
Rule 14.DISMISSAL
Rule 14. DISMISSAL · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 14 authorizes the court, on its own initiative or a party’s motion, to dismiss a civil action or a party’s pleading without prejudice when a party fails to respond properly to the call of the case, and lets the court hold an attorney in contempt for failing to appear without legal excuse in either civil or criminal matters.
Full Text of Rule 14
Plain-English Summary
Rule 14 gives the court a tool for cases that stall because someone does not show up. When a party fails to properly respond to the call of the action for trial or another proceeding, the court can dismiss the civil action — or, where it fits better, dismiss just a pleading filed by that party — either on the court’s own motion or because the opposing party asked. The dismissal is without prejudice, so the case or claim can potentially be refiled; the sanction clears the docket rather than permanently barring the party’s claim.
Separately, the rule addresses the attorney who does not appear. Whether the case is civil or criminal, a lawyer who fails to appear without a legal excuse when a proceeding is called can be held in contempt. That is a sanction against the attorney personally, distinct from the dismissal remedy aimed at the party’s case, and it applies across both civil and criminal practice rather than being limited to the civil-dismissal context of the rule’s first sentence.
Frequently Asked Questions
What can happen if a party fails to properly respond to the call of the action for trial?
The court may dismiss the civil action, or where appropriate a pleading, without prejudice.
Who can move for this dismissal?
The court on its own motion, or the opposite party.
Is dismissal under Rule 14 with or without prejudice?
Without prejudice.
Can an attorney be held in contempt for failing to appear?
Yes. In civil actions or criminal cases, the court may adjudge an attorney in contempt for failure to appear without legal excuse upon the call of any proceeding.
Does the contempt provision apply only to civil cases?
No. It applies in both civil actions and criminal cases.
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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