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Rule 7.1.Civil

Rule 7. PRETRIAL CONFERENCES · Not amended since adoption on record · Last verified July 17, 2026

In one sentenceRule 7.1 authorizes the assigned judge to call a pretrial conference on the court’s own motion or a party’s request, requires the trial attorneys to attend with a written proposed pretrial order, and lets the court remove the case from the trial calendar or impose sanctions short of dismissal if counsel fails to comply.

Full Text of Rule 7.1

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The assigned judge may set pretrial conferences sua sponte or upon motion. In scheduling actions for pre-trial conferences the court shall give consideration to the nature of the action, its complexity and the reasonable time requirements for preparation for pre-trial. In the event a pre- trial conference is ordered, the following shall apply. A calendar will be published or a written order issued specifying the time and place for the pre- trial conference. The court will consider the issues stated in Rule 16 of the Civil Practice Act (OCGA § 9-11-16) among others. Subject to the provisions of Rule 17, the pre-trial hearing shall be attended by the attorneys who will actually try the action; with the consent of the court, another attorney of record in the action may attend if authorized to define the issues and enter into stipulations. At the commencement of the pre-trial conference, or prior thereto upon written order of the court, counsel for each party shall present to the court a written proposed pre-trial order in substantially the form required by the rules. Failure of counsel to appear at the pre-trial conference without legal excuse or to present a proposed pre-trial order shall authorize the court to remove the action from any trial calendar, enter such pre-trial order as the court shall deem appropriate, or impose any other appropriate sanction, except dismissal of the action with prejudice.

Plain-English Summary

Rule 7.1 gives the assigned judge control over whether a case gets a pretrial conference before it goes to trial. The judge can call one without anyone asking, or a party can request one, and the decision turns on how complicated the case is and how much preparation time it needs. Not every case gets this treatment — the rule assumes the judge will use judgment about which cases benefit from a sit-down before trial.

When a conference is ordered, the court publishes a calendar or issues a written order telling the parties when and where to appear. The judge looks at the issues raised under the Civil Practice Act’s own pretrial conference provision, among other things. The lawyer who shows up has to be the one who will try the case at trial, not a substitute — though the court can allow another attorney of record to stand in if that attorney has authority to define the issues and enter stipulations on the client’s behalf.

Counsel must bring a written proposed pretrial order to the conference, or earlier if the court orders it in writing. Skipping the conference without a legal excuse, or showing up without a proposed order, gives the court real leverage: it can pull the case off the trial calendar, draft its own pretrial order instead of the parties’, or impose another sanction. The one sanction the rule takes off the table is dismissing the action with prejudice — noncompliance can cost a party time and control over the case, but it cannot end the case outright.

Frequently Asked Questions

Does every civil case get a pretrial conference?

No. The judge may set a pretrial conference on the court’s own motion or upon a party’s motion, weighing the nature and complexity of the action and the time it needs, but a conference is not automatic in every case.

Who must attend the pretrial conference?

The attorneys who will try the action at trial. With the court’s consent, another attorney of record may attend instead, if that attorney is authorized to define the issues and enter stipulations.

What happens if counsel does not show up or bring a proposed order?

Either failure lets the court remove the action from any trial calendar, enter its own pretrial order, or impose another appropriate sanction. The legal-excuse defense applies only to a failure to appear at the conference — it does not excuse a failure to present a proposed pretrial order.

What must counsel bring to the conference?

A written proposed pretrial order in substantially the form required by the rules, presented at the conference or earlier if the court orders it in writing.

Can a case be dismissed with prejudice for missing the conference?

No. The rule specifically excludes dismissal with prejudice from the sanctions available for failing to appear or failing to present a proposed order.

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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