Pilot Project Extended
Mar 09, 2004
Atlanta, May 8, 2006--The Supreme Court has extended the Domestic Relations Pilot Project until June 30, 2007.
Under the terms of the Pilot Project, all non-frivolous applications in divorce and/or alimony cases, i.e. those discretionary applications timely filed from the final judgment and decree of divorce, will be automatically granted unless the application is found to be frivolous by the Court. If the Court finds that an application is frivolous, it will be denied and the applicant as well as his or her attorney may be assessed a penalty of up to $2,500.
Additional information regarding the Pilot Project and recent decisions in domestic relations cases is available at the Court's website: www.gasupreme.us
Under the terms of the Pilot Project, all non-frivolous applications in divorce and/or alimony cases, i.e., those discretionary applications timely filed from the final judgment and decree of divorce, will be automatically granted unless the application is found to be frivolous by the Court. If the Court finds that an application is frivolous, it will be denied, and the applicant as well as his or her attorney may be assessed a penalty of up to $2,500.
An attorney filing an application on or after January 6, 2003, must certify that the application "is not taken for the purpose of delay, harassment or embarrassment." The certificate must also state that the lawyer is familiar with the trial court record in the case, and based thereon and his/her understanding of the applicable law, he/she has a good faith belief that the application has merit. He/she must also certify that he/she has been authorized by his client, the applicant, to file the application.
No certificate will be required of pro se litigants. Opposing parties may, but are not required to, file a response to the application within 10 days of docketing. Responses may be no more than 5 pages in length and are limited to the issue of whether the application is frivolous.
Thirty days from the date an application is docketed, the Supreme Court will decide whether to grant it, deny it as frivolous, dismiss it on procedural grounds, or transfer it to the Court of Appeals. When an application is granted, the Court will issue an order directing the applicant to file a notice of appeal in the trial court within 10 days.
Once the Supreme Court receives the record and transcript from the trial court, the case will be docketed and proceed as any other appeal. Oral argument in such cases, if requested in a timely manner, will be limited to 10 minutes for each side unless the Court directs otherwise.
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