A Rule 16.1 or Rule 16.2 leave when granted shall relieve any attorney from all trials, hearings, depositions and other legal proceedings in that matter, excluding those cases for which the attorney files a subsequent demand for trial pursuant to OCGA § 17-7-170 or § 17-7-171 without submitting a new request for leave as set forth herein. This rule shall not extend any deadline set by law or the court.
Rule 16.3.Rule 16.1 or Rule 16.2 Leave
Rule 16. LEAVES OF ABSENCE · Last amended 2024 · Last verified July 17, 2026
In one sentenceOnce a leave of absence is granted under Rule 16.1 or Rule 16.2, it excuses the attorney from every trial, hearing, deposition, and other proceeding in the protected matters, but it never pushes back a deadline that the law or the court has otherwise set.
Full Text of Rule 16.3
Plain-English Summary
Rule 16.3 spells out what an approved leave buys an attorney. Whether the leave came together automatically under Rule 16.1 or was granted by a judge under Rule 16.2, its effect is the same: it clears the attorney from every trial, hearing, deposition, and other legal proceeding in the cases it covers.
That protection has a hard edge, though. The rule does not stop deadlines from running. Filing dates, discovery cutoffs, and any other deadline fixed by statute or court order stay exactly where they are; the leave only excuses the attorney’s physical appearance and participation, not the passage of time. An attorney planning around a leave still has to track every deadline that falls during it.
The rule also reinforces the demand-for-trial exception carried over from Rules 16.1 and 16.2: if a statutory speedy-trial demand shows up in a protected case, the leave does not automatically stretch to cover it. The attorney has to go back and ask again.
Frequently Asked Questions
What does an approved leave of absence excuse an attorney from?
All trials, hearings, depositions, and other legal proceedings in the matters listed in the leave notice or application.
Does a leave of absence push back filing deadlines?
No. Rule 16.3 states that the rule does not extend any deadline set by law or by the court, so deadlines keep running during the leave.
Does it matter whether the leave was granted under Rule 16.1 or Rule 16.2?
No. Rule 16.3 gives leaves granted under either rule the same effect of relieving the attorney from proceedings in the protected matters.
If a demand for trial is filed during a leave, does the leave automatically cover it?
No. The attorney must submit a new leave request rather than relying on the existing leave to cover a subsequently filed statutory demand for trial.
Can an attorney rely on a leave of absence to miss a statutory filing deadline?
No. The rule only relieves the attorney from appearances in trials, hearings, depositions, and similar proceedings; it does not excuse missing a deadline set by law or court order.
Amendment History
Amended effective July 25, 2024.
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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