Attorneys shall not present to a judge any matter which has been previously presented to another judge without first advising the former of the fact and result of such previous presentation.
Rule 4.9.To Notify of Previous Presentation to Another Judge
Rule 4. ATTORNEYS APPEARANCE, WITHDRAWAL AND DUTIES · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 4.9 requires an attorney who has already presented a matter to one Georgia superior court judge to disclose that fact and the result of that presentation before bringing the same matter to a different judge.
Full Text of Rule 4.9
Plain-English Summary
Rule 4.9 stops attorneys from quietly trying a second judge after the first one didn’t give them what they wanted. If a matter has already been put before one judge, an attorney cannot bring that same matter to another judge without first telling the second judge that it was presented before and what came of it.
The rule doesn’t care what the outcome of the first presentation was — granted, denied, or something in between. What matters is that the new judge hears about the history before acting, so any ruling is made with full knowledge of what has already happened in the case rather than in the dark.
Frequently Asked Questions
What must an attorney disclose before presenting a matter to a second judge?
The fact that the matter was previously presented to another judge, and the result of that earlier presentation.
Does this rule only apply if the first judge denied the request?
No. The rule requires disclosing “the fact and result” of the previous presentation regardless of what that result was.
When must the disclosure happen?
Before the attorney presents the matter to the new judge.
How is this rule different from Rule 4.7?
Rule 4.7 concerns bringing a matter to a judge other than the one assigned to the case, while Rule 4.9 concerns bringing the same matter, a second time, to any judge after it has already been presented once.
What problem is this rule meant to prevent?
It keeps attorneys from seeking a fresh ruling on the same matter from a different judge without that judge knowing it was already raised elsewhere.
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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