Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-4 - COMMISSIONER OF SECURITIES
Subject 590-4-6 - RULES GOVERNING ADMINISTRATIVE HEARINGS
Rule 590-4-6-.29 - Appearance by Attorneys; Signing of Pleadings; Apperance Pro-Se
Current through Rules and Regulations filed through March 20, 2024
(1) Except as authorized in paragraph (2) of this Rule, or where specifically authorized by an applicable federal or Georgia statute or rule, no person shall represent any party in a proceeding before the Hearing Officer unless the person is an active member in good standing of the State Bar of Georgia and has filed an entry of appearance in the case in the attorney's individual name. An entry of appearance shall not be required if a pleading, motion, or other paper has previously been filed on the case by the attorney of record pursuant to paragraph (3) of this Rule.
(2) Nonresident attorneys who are not active members of the State Bar of Georgia may be permitted to appear before the Hearing Officer in isolated cases upon motion to, and in the discretion of, the Hearing Officer. A motion to appear in a particular case shall state that the movant is an active member in good standing of the bar of the jurisdiction in which the movant regularly practices and that the movant agrees to behave in accordance with the Georgia standards of professional conduct and the duties imposed upon attorneys by Code Section 15-19-4.
(3) Every pleading, motion, or other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the party's pleadings and state the party's address. The signature of an attorney constitutes a certificate by the attorney that the attorney has read the pleading and that it is not interposed for any improper purpose, including, but not limited to, delay or harassment. If a pleading, motion, or other paper is signed in violation of this Rule, the Hearing Officer, upon motion of any party or upon the Hearing Officer's own motion, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, including, but not limited to, dismissal.
(4) Any individual party may appear at any proceeding under the Act pro se, on his or her own behalf, without representation by an attorney. Any party that is a legal entity may appear only through an attorney who is an active member in good standing of the State Bar of Georgia or authorized to appear pursuant to paragraph (2) of this Rule.
O.C.G.A. Secs. 10-5-10, 10-5-16, 10-5-70, 10-5-71, 10-5-73, 10-5-74.
