v0.1.0 to v0.1.0

+ This skill should be used when preparing for or conducting a

+ motion hearing or oral argument in a Georgia court. Triggers

+ include "Georgia motion hearing", "oral argument Georgia",

+ "summary judgment hearing", "rule nisi hearing", "Georgia

+ courtroom etiquette", "appearing pro se at a hearing in Georgia".

+ Covers Georgia motion practice under USCR 6 (30-day response under

+ USCR 6.2, request for oral hearing under USCR 6.3, the court

+ setting the hearing by Rule Nisi under USCR 6.4), how summary-

+ judgment hearings work under O.C.G.A. § 9-11-56, evidentiary

+ hearings, courtroom etiquette, appearing pro se, the per-judge

+ standing case-management orders in Fulton, the domestic standing

+ orders in family cases, and how State and Magistrate court hearing

+ practice differs.

+ Use this skill in addition to `ga-statewide-format` and the specific

+ court skill (`ga-fulton`, `ga-cobb`, `ga-gwinnett`) when preparing

+ for, attending, or following up on a hearing.

+ ## Motion practice and hearings — the basics

+ Under **USCR 6**, motions in Georgia civil practice run on a fixed

+ rhythm:

+ | Step | Authority | Detail |

+ |---|---|---|

+ | Motion filed and served | USCR 6.1 | Motion stated with particularity; cite authority |

+ | Response | USCR 6.2 | **30 days** after service of the motion |

+ | Request for oral hearing | USCR 6.3 | A party must **request** oral argument; for summary-judgment motions oral argument is a matter of right if timely requested |

+ | Court sets the hearing | USCR 6.4 | The court schedules the hearing by **Rule Nisi** (a proposed order setting date/time, signed by the judge) |

+ Many motions are **decided on the briefs**. Oral argument is held

+ only when a party requests it under USCR 6.3 (and the court grants

+ it), or when the court orders it on its own. The court memorializes

+ the setting in a **Rule Nisi**.

+ Common hearing types:

+ | Hearing | Typical length | Triggered by |

+ |---|---|---|

+ | Motion hearing | 20-60 min | USCR 6.3 request granted, or court-set |

+ | Summary-judgment hearing | 30-60 min | O.C.G.A. § 9-11-56; oral argument on request |

+ | Evidentiary hearing | 1+ hours | Court orders after motion practice |

+ | Status / case-management conference | 15-30 min | Court-initiated; USCR 5 |

+ | Bench / jury trial | Variable | Final stage |

+ ## Summary-judgment hearings — O.C.G.A. § 9-11-56

+

+ Summary-judgment hearings have a hard timing rule built into the

+ statute:

+

+ - The motion must be **served at least 30 days before the hearing**

+ (O.C.G.A. § 9-11-56(c)); the adverse party may serve opposing

+ affidavits prior to the day of hearing.

+ - The standard: under **_Lau's Corp. v. Haskins_, 261 Ga. 491

+ (1991)**, a defendant moving for summary judgment may prevail by

+ **pointing to an absence of evidence** in the record to support an

+ essential element of the plaintiff's case; the movant need not

+ affirmatively disprove the claim. If the movant carries that

+ burden, the nonmovant cannot rest on the pleadings and must point

+ to specific record evidence creating a genuine issue of material

+ fact.

+ - At the hearing, the court construes the evidence and all reasonable

+ inferences in the light most favorable to the nonmovant.

+

+ Prepare to argue from the **record** — cite the specific

+ depositions, affidavits, and discovery responses by page and line,

+ not the allegations in the pleadings.

+

+ ## Standing orders — read them before you appear

+

+ Georgia hearing practice is heavily shaped by **standing orders**

+ that attach automatically or by judge:

+

+ - **Fulton per-judge Civil Standing Case Management Orders.** Many

+ Superior Court of Fulton County judges enter their own civil

+ standing case-management order governing conferral, motion

+ formatting, courtesy copies, and hearing logistics. Read the

+ **assigned judge's** standing order before drafting or appearing —

+ requirements differ judge to judge.

+ - **Domestic standing orders in family cases.** In divorce and other

+ domestic matters, a domestic relations standing order (and, in

+ several counties, a co-parenting / parenting-seminar standing order

+ under USCR 24.8) attaches automatically at filing. It restrains

+ conduct (asset disposal outside the ordinary course, insurance

+ changes, child removal) and sets pre-hearing filing duties — e.g.,

+ the Domestic Relations Financial Affidavit (USCR 24.2) and the

+ Child Support Worksheet must be on file before the hearing.

+ Violations are punishable as **contempt**.

+

+ ## In-person hearings — etiquette

+

+ - Arrive **30 minutes early** for security screening.

+ - **Dress code**: business attire for attorneys; pro se filers should

+ wear business-casual at minimum (no shorts, hats, athletic gear).

+ - **Phones silenced** and put away.

+ - **Stand when addressing the court** ("May it please the Court, Your

+ Honor").

+ - Address the bench as **"Your Honor"**; address opposing counsel and

+ parties as **"Mr./Ms. [surname]"** — no first names from the

+ podium.

+

+ ## Hearing-day packet — what to bring

+

+ | Item | Purpose |

+ |---|---|

+ | 2 paper copies of each filing | Even in e-filed cases, judges expect hard copies at the podium |

+ | Courtesy / chambers copy if the standing order requires | Per the assigned judge's standing order |

+ | Printed rules and statutes (USCR, O.C.G.A.) | Have the operative sections at hand |

+ | Key cases, flagged | The dispositive authorities tabbed |

+ | Witness outlines (if evidentiary) | One per witness |

+ | Exhibit list and copies | Original + court copy + opposing-party copy |

+ | Proposed order + Rule Nisi | The judge may sign in court immediately |

+ | Notepad and pens | For notes during the hearing |

+

+ ## Oral argument — structure

+

+ 1. **Opening** — 30 seconds. "May it please the Court, [Name] for the

+ [Plaintiff / Defendant / Petitioner / Respondent]. I am here on

+ [Movant]'s Motion to [Dismiss / Compel / for Summary Judgment]."

+ 2. **Roadmap** — 30 seconds. "First, [issue 1]. Second, [issue 2]."

+ 3. **Substantive argument** — lead with the strongest point; cite the

+ rule or case; tie back to the record.

+ 4. **Address counter-arguments** — be candid; answer the court's

+ questions directly.

+ 5. **Reserve rebuttal** if you are the movant.

+ 6. **Closing** — 15 seconds. "For the reasons stated, [Movant]

+ respectfully asks the Court to [grant / deny] the Motion."

+

+ ## Evidentiary hearings — special considerations

+

+ For evidentiary hearings (disputed material facts, interlocutory

+ injunctions, contempt, post-judgment exams):

+

+ - **Subpoena witnesses well in advance** (O.C.G.A. § 24-13-21

+ et seq.).

+ - **Pre-mark exhibits** with the division's numbering convention.

+ - **Witness sequestration** under O.C.G.A. § 24-6-615 if helpful.

+ - **Confer with opposing counsel** beforehand to stipulate to

+ undisputed facts and authentication of routine documents.

+ - **Confirm the record method** with the courtroom clerk — court

+ reporter or court recording — in advance.

+

+ ## State and Magistrate court hearing practice

+

+ - **State Court** practice tracks Superior Court closely: the Uniform

+ State Court Rules parallel the USCR, motions follow the USCR 6

+ rhythm, and hearings are set by Rule Nisi. Most debt-collection and

+ tort suits are heard here.

+ - **Magistrate Court is informal.** Under O.C.G.A. §§ 15-10-40

+ through 15-10-53, the Civil Practice Act and the rules of evidence

+ are **relaxed** for the small-claims civil docket (cap $15,000,

+ O.C.G.A. § 15-10-2). Hearings are short, parties commonly appear

+ pro se (a corporation may appear through an officer or employee),

+ and the magistrate develops the facts conversationally. A losing

+ party may appeal **de novo** to State or Superior Court under

+ O.C.G.A. § 15-10-41(b). Bring your documents and witnesses — there

+ is no second chance at the magistrate level on the same record.

+

+ ## Appearing pro se

+

+ Pro se filers are held to the same procedural rules as attorneys.

+ Read the assigned judge's standing order, file and serve on time

+ under USCR 6, request oral argument under USCR 6.3 if you want it,

+ and bring organized copies. In Magistrate Court the relaxed procedure

+ makes pro se appearance routine.

+

+ ## Composition

+

+ - For format: `ga-statewide-format`

+ - For drafting the motion and supporting papers: `ga-draft-motion`,

+ `ga-draft-note`

+ - For drafting the proposed order and Rule Nisi: `ga-draft-order`

+ - For getting the motion set in the first place: `ga-schedule-hearing`

+ - For the post-hearing signed order: `ga-submit-order`

+ - For deadlines and timing: `ga-deadlines`

+ - For the specific court (logistics, standing orders, e-filing):

+ `ga-fulton`, `ga-cobb`, `ga-gwinnett`

+ - For assembling the filing: `ga-file-packet`

+

+ ## References

+

+ - `references/oral-argument-structure.md`

+ - `references/summary-judgment-hearing.md` — O.C.G.A. § 9-11-56 and

+ the _Lau's Corp._ standard

+ - `references/courtroom-etiquette.md`