Compilation of Rules and Regulations of the State of Georgia
Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS
Chapter 616-1
Subject 616-1-3 - RULES OF PROCEDURE FOR THE GEORGIA TAX TRIBUNAL
Rule 616-1-3-.17 - Motions

Current through Rules and Regulations filed through March 20, 2024

(a) All requests made to a Tribunal Judge shall be made by motion. Unless made during a hearing or trial, motions shall be in writing, shall state specifically the grounds on which it is based, and shall describe the action or order sought. A copy of all written motions shall be served in accordance with this Chapter.

(b) A response to a motion may be filed within ten (10) days after service of the written motion or within the time set by a Tribunal Judge. Either party may request an expedited ruling.

(c) Unless otherwise provided, all motions shall be filed at least ten (10) days prior to the date set for hearing unless the need or opportunity for the motion could not reasonably have been foreseen. Such motions shall be filed as soon as the need or opportunity for the motion becomes reasonably foreseeable.

(d) All motions, and responses thereto, shall include citations of supporting authorities and, if germane, supporting affidavits or citations to evidentiary materials of record.

(e) A Tribunal Judge may determine whether the nature and complexity of the motion justifies a hearing on the motion and notify the parties accordingly. A request for a hearing on a motion must be made in writing and filed by the date the response to the motion is due. Notice of a hearing on a motion shall be given by the Tribunal Judge at least five (5) days prior to the date set for hearing. At the discretion of the Tribunal Judge, a hearing on a motion may be conducted in whole or in part by telephone.

(f) Multiple motions may be consolidated for hearing or prehearing conference. A Tribunal Judge may order the submission of briefs or oral argument relative to any motion.

O.C.G.A §§ 50-13A-15(b), 50-13A-19.

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