Rule 16.2.Leaves for More Than 30 Cumulative Calendar Days or Those Either on a Published Calendar, Noticed for a Hearing, or not Meeting the Time Requirements of
Rule 16. LEAVES OF ABSENCE · Last amended 2024 · Last verified July 17, 2026
Full Text of Rule 16.2
Plain-English Summary
Rule 16.1 hands short leaves to attorneys almost automatically, but Rule 16.2 covers the harder cases: leaves stretching beyond 30 cumulative days, or requests touching a case already sitting on a published calendar or noticed for a hearing, or notices that missed Rule 16.1’s 30-day lead time. None of those situations get the light touch — they go to a judge for a decision.
The application must be in writing, filed with the clerk, and served on opposing counsel at least ten days before it lands in front of the judge, unless opposing counsel agrees in writing to shorten that window. It has to spell out the same three things Rule 16.1 requires: the actions to be protected by action number, the reason for the leave, and how long it will run. Opposing counsel can object to the application or consent to it, but either way the final call belongs to the judge — there is no automatic grant here the way there is under Rule 16.1.
The same carve-out for speedy-trial demands applies. If an attorney who already has a Rule 16.2 leave in place later files a statutory demand for trial under OCGA § 17-7-170 or § 17-7-171, that attorney has to file a fresh leave request, with new notice to the court and opposing counsel, so the judge can weigh the leave against the new trial deadline.
Frequently Asked Questions
When does an attorney need to use Rule 16.2 instead of Rule 16.1?
Rule 16.2 applies when the requested leave exceeds 30 cumulative days, or when the case is already on a published calendar or noticed for a hearing, or when the attorney missed Rule 16.1’s 30-day advance notice deadline.
How far in advance must a Rule 16.2 application be served?
At least ten days before it is submitted to the judge, though opposing counsel can waive that waiting period by consenting in writing.
Is a Rule 16.2 leave granted automatically if no one objects?
No. Unlike Rule 16.1, a Rule 16.2 application is addressed to the court’s discretion, so a judge must decide whether to grant it even if opposing counsel does not object.
What must the written application for leave contain?
A list of the actions to be protected by action number, the reason for the leave of absence, and the duration of the requested leave.
What happens if the attorney later files a speedy-trial demand while on Rule 16.2 leave?
The attorney must file a new leave-of-absence request and give fresh notice to the clerk and opposing counsel so the demand for trial can be properly weighed.
Amendment History
Amended effective July 25, 2024.