Rule 33. PLEADING BY DEFENDANT · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 33.1 lists the three pleas open to a Superior Court defendant — guilty, not guilty, or, if the judge permits it, nolo contendere — and requires a defendant entering a guilty or nolo plea to appear and speak that plea in person before the court, letting a corporate defendant proceed instead through a lawyer or company officer.
Full Text of Rule 33.1
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(A) A defendant may plead guilty, not guilty, or in the discretion of the judge, nolo contendere. A plea of guilty or nolo contendere should be received only from the defendant personally in open court, except when the defendant is a corporation, in which case the plea may be entered by counsel or a corporate officer.
(B) A defendant may plead nolo contendere only with the consent of the judge. Such a plea should be accepted by the judge only after due consideration of the views of the parties and the interest of the public in the effective administration of justice. Procedurally, a plea of nolo contendere should be handled under these rules in a manner similar to a plea of guilty. [In state court, see State Court Rule 33.1.]
Plain-English Summary
Rule 33.1 sets out the menu of pleas open to a defendant in Superior Court: guilty, not guilty, and — only if the judge agrees to it — nolo contendere, sometimes called a plea of no contest. A defendant has an unqualified right to plead guilty or not guilty, but a nolo contendere plea depends entirely on judicial permission.
The rule also fixes how a guilty or nolo plea has to happen. The defendant has to appear and say the words directly to the court, not file the plea on paper or send a stand-in to speak for them. The one exception covers corporate defendants, which cannot appear as a physical person and so act through a lawyer or a company officer instead.
That live-appearance requirement matters because a guilty or nolo plea gives up a trial and several constitutional protections along with it. Making the defendant speak the words aloud, in front of the judge, creates a record that the decision was the defendant’s own rather than something arranged behind the scenes. A judge who allows a nolo plea has to weigh what the parties want against the public’s stake in how criminal cases get handled, and once accepted, a nolo plea is handled under these rules in a manner similar to a guilty plea.
Frequently Asked Questions
What pleas can a defendant enter in Georgia Superior Court under Rule 33.1?
Guilty, not guilty, or — if the judge agrees to allow it — nolo contendere.
Can a defendant plead nolo contendere without the judge’s approval?
No. Rule 33.1(B) makes a nolo contendere plea available only when the judge chooses to accept it, after weighing what the parties want and the public stake in how justice gets administered.
Does a guilty plea have to be entered in person, in court?
Yes. Under Rule 33.1(A), a defendant entering a guilty or nolo plea has to appear and speak it directly to the court, rather than having it filed or delivered by a stand-in.
How does a corporation enter a guilty or nolo contendere plea?
Through its lawyer or a corporate officer, since a corporation has no physical presence that can appear in court.
Is a nolo contendere plea handled differently from a guilty plea once entered?
Not meaningfully. Rule 33.1(B) says that, once accepted, a nolo contendere plea should be handled under these rules in a manner similar to a guilty plea.
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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