Rule Absolute Law and Legal Definition
A rule absolute is an order that can be enforced at once, in contradistinction to a rule nisi, which commands the opposite party to appear on a day therein named and show cause why he should not perform the act or submit to the terms therein set forth. In default of his/her appearance or showing good cause, the rule is made absolute.
For example, in Georgia all sheriffs, deputy sheriffs, coroners, jailers, constables, and other officers of court shall be liable to all actions and disabilities which they incur in respect of any matter or thing relating to or concerning their respective offices. [O.C.G.A. § 15-13-1].The judges of the superior courts, judges of the probate courts, and magistrates, may upon application, grant rules nisi against all officers. The rule nisi shall contain a full statement of the case in which the officer is called upon to show cause and also of the time and place of hearing. [O.C.G.A. § 15-13-4] The officer called on by rule nisi shall fully respond in writing to the rule. If the answer is not denied, the rule shall be discharged or shall be made absolute, depending on whether the court deems the answer sufficient. The movant of the rule may traverse the truth of the answer, in which case an issue shall be made and tried by a jury at the same term unless good cause for continuance is shown, which may be done only once by each party. Upon the trial of such issue the court shall discharge the rule or shall make the rule absolute, depending on whether the verdict of the jury is for or against the officer. [O.C.G.A. § 15-13-5] If a sheriff or other officer designedly absents himself from his court, the presiding judge or justice, when required by plaintiffs, shall grant a rule absolute against the sheriff or other officer without the notice unless it is proved that the sheriff was not able to attend the court due to sickness. [O.C.G.A. § 15-13-6]
