Supreme Court of Georgia Chief Justice Michael P. Boggs has issued a declaration of a one-month statewide judicial emergency period extending filing requirements due to the effects of Tropical Cyclone Helene, extending “across the lines of individual circuits such that relief is warranted beyond the scope of local judicial emergency orders.”
The nature of this emergency is the continued effects of Helene affecting those who are required to work or practice in Georgia courts. The declaration affects “all courts in the State as it relates to all judicial proceedings, but with relief limited to those cases in which a party or interested person has been affected by Helene and satisfies the condition precedent as provided below.”
The declaration “suspends, tolls and extends time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations or court orders, whether in civil or criminal cases or administrative matters.”
Parties seeking relief shall certify in relevant judicial proceedings that the storm’s effects have prevented timely action. To be effective, this certificate must include all of the following information:
“1. An identification of what deadline, time schedule, and/or filing requirement as to which the Relief is sought;
2. An explanation of how the action taken by the party or interested person is now timely upon application of the Relief;
3. A statement that the effects of Helene have prevented the party or interested person from timely compliance with that deadline, time schedule, and/or filing requirement and also prevented belated compliance materially earlier than the time of certification;
4. A brief explanation of what those effects were and how they prevented earlier compliance (not to exceed 100 words);
5. A statement that the certification is made with the knowledge that the statements contained within it are made subject to the provisions of OCGA § 16-10-20, 16-10-20.1, and other provisions of state law and rules of professional conduct prohibiting false statements.”
The declaration includes a model certificate and notes that the relief imposed “shall not displace, extend or shorten broader relief imposed by local judicial emergency orders. The relief imposed by this order is solely supplemental to such local orders.”
This statewide judicial emergency is scheduled to terminate on Oct. 30, 2024, at 11:59 p.m., unless otherwise extended.