Rule 16.1.Leaves for 30 Cumulative Calendar Days or Less

Lawyers get sick, take vacations, and sometimes need a break from the file cabinet. Rule 16.1 gives every attorney of record a fast, self-executing way to clear the calendar for up to 30 cumulative days without asking a judge’s permission first. File the right notice early enough, and the leave takes hold on its own — no order required.

The mechanics are built for speed. At least 30 calendar days before the leave begins, the attorney sends the clerk a written notice naming the protected cases by action number, explaining the reason for the leave, and stating how long it will last. A copy goes to the judge and to opposing counsel at the same time. From there, the clock runs the other way: opposing counsel has ten days to file a written objection, and the judge has the same ten days to deny the request outright. Silence from both means the leave stands granted, automatically, without any order ever being signed. If someone does object, any lawyer involved can ask for a conference so the judge can sort out whether the leave should go forward.

The protection has real limits. It only covers cases that are not already sitting on a published trial calendar and not noticed for a hearing during the leave window — the rule is meant to shield routine practice management, not to bump matters already teed up for court. It also does not reach cases where the attorney later files a statutory speedy-trial demand under OCGA § 17-7-170 or § 17-7-171; if that happens, the attorney has to start over with a fresh leave request so the court can weigh the new deadline. Clerks keep these notices on file for two years before they can be discarded, which gives courts and opposing counsel a paper trail if a dispute about timing comes up later.