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Rule 16.4.Denial of Application for Leave

Rule 16. LEAVES OF ABSENCE · Last amended 1998 · Last verified July 17, 2026

In one sentenceAn application for leave that fails to conform to this rule's notice and timing requirements will be denied outright, and Rule 16.4 supplies the standard form of notice — addressed to judges, the clerk, and counsel of record — that attorneys are expected to use to request a leave.

Full Text of Rule 16.4

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Any application for leave not filed in conformance with this rule will be denied. Notice shall be provided substantially as on the attached form.
To: All Judges, Clerk of Court, and Counsel of Record From: Name of Attorney RE: Notice of Leave of Absence Date:
Comes now (attorney’s name) and respectfully notifies all judges before whom s/he has cases pending, all affected clerks of court, and all opposing counsel, that s/he will be on leave pursuant to Georgia Uniform Court Rule 16.
1. The period of leave during which time Applicant will be away from the practice of law, is: __________(dates of leave). The purpose of the leave is:________________________________.
2. All affected judges and opposing counsel shall have ten days from the date of this Notice to object to it. If no objections are filed, the leave shall be granted.
name of attorney Bar no. address of attorney phone number of attorney
CERTIFICATE OF SERVICE
This is to certify that I have this date served a copy of the foregoing Notice of Leave of Absence upon all judges, clerks and opposing counsel listed on the attached Exhibit A, by depositing the same in the U.S. Mail with adequate postage affixed thereto.
This _______ day of ____________________, ____.
________________________
Name of attorney
EXHIBIT A
Name of Case (Sample) Opposing Counsel Case Number Name of Judge Court/County
Jones v. Jones Brown opp. atty. A 98-3333 DeKalb/Superior (address)
Smith v. Exxon Black opp. atty. B 97A-454545 Cobb/State (address)
Schwartz v. Craig & Co. Grey opp. atty. C E-6789 Fulton/Superior (address)

Plain-English Summary

Rule 16.4 is the enforcement backstop for the leave rules that come before it. If an application does not follow the notice content, timing, or service requirements set out in Rule 16 — whether the shortfall traces back to Rule 16.1, Rule 16.2, or Rule 16.3 — it gets denied; there is no partial credit for a leave request that skips a step.

To help attorneys get it right, the rule attaches a model notice. The form is addressed to all judges before whom the attorney has pending cases, the clerk of court, and opposing counsel, and it states the dates and purpose of the leave. It builds in the same ten-day objection window found in Rule 16.1: if no one objects within that time, the leave is granted. The form also comes with a certificate of service and an exhibit listing the affected cases, opposing counsel, case numbers, and courts, so the notice reaches everyone with a stake in the pending matters.

Using the form is not just a formality. Because a defective application gets denied rather than sent back for correction, following the attached template closely is the surest way to avoid losing the leave over an avoidable paperwork problem.

Frequently Asked Questions

What happens to a leave application that does not follow the rule’s requirements?

It will be denied. Rule 16.4 states that any application for leave not filed in conformance with the rule will be denied.

Who must receive notice of a leave of absence under the attached form?

All judges before whom the attorney has cases pending, the clerk of court, and all opposing counsel.

How long do judges and opposing counsel have to object to the notice on the attached form?

Ten days from the date of the notice; if no objections are filed within that time, the leave is granted.

Does the notice form require a certificate of service?

Yes. The attached form includes a certificate of service confirming that the notice of leave of absence was served on all judges, clerks, and opposing counsel listed in the accompanying exhibit.

What information does the exhibit attached to the leave notice require?

For each protected case, the case name, opposing counsel, case number, the judge, and the court and county where the case is pending.

Amendment History

Amended effective September 23, 1998.

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
Also known as: Georgia leave of absence formUSCR 16.4notice of leave of absence template Georgiadenied leave of absence superior courtRule 16.4 Georgia Uniform Superior Court Rules