Limits & Logistics
Courtesy Copies
Courtesy copies
- Email • Upon Filing
Filings > 3 pages
- 1 copy
Hearing Request Form
- 1 copy
- Upon Completion
Communication
Other Contacts5 contacts
Chambers3 contacts
Document Filing Requirements20 rules
After a jury trial request, the party is expected to complete and consolidate the pretrial order required by the Uniform Superior Court Rules.
Court's wording
Request by letter to the judge. You will receive (letter indicating a request was made for a trial) notice of a pretrial hearing and will be expected to complete and consolidate the Pretrial Order required by the Uniform Superior Court Rules
Three (3) business days before trial all counsel shall supply to the court: Witness List Proposed Voir Dire questions Mark exhibit list numbered with reasonable description
All documents required to finalize any case involving custody and support must be completed and signed by both parties.
Judge Middleton will issue a ruling in most bench trials from the bench and will direct the attorney for the prevailing party to prepare a draft of the order, send it to the opposing counsel or unrepresented party and then to the judge for his signature.
Filing a voluntary dismissal and case disposition form prior to the hearing date, a copy of which must be provided to the court.
Rule 6. MOTIONS IN CIVIL ACTIONS Rule 6.1. Filing In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record.
if the Defendant's presence is requested, a written notice is required to Judge Middleton's primary deputy sheriff by delivering the request to the judge's office no later than 3:00 p.m. on the day prior to the bond hearing.
Three (3) business days before trial or final hearing, a party shall submit to the Court: Domestic Financial Affidavit Listing of Prayers for Relief Witness List Marked Exhibit List Request to Charge, if applicable Child Support and Parenting Plan Information
If a jury trial is requested, a pretrial order and hearing will be necessary.
Proof of compliance SHALL be documented by filing into the record a Certificate of Service in accordance with O.C.G.A. § 17-1-1(e)(1).
Motions must identify with particularity the item, statement, or event at issue; generalized and omnibus motions will not be considered.
Court's wording
Generalized and omnibus motions will not be considered by the Court. All motions shall specify, with particularity, the item, statement, and/or event at issue. Thus, for example, a motion to suppress any and all statements is insufficient; the motion must identify the specific statement, or portion of the statement, the movant is seeking to suppress, as well as the theory of suppression.
A needed evidentiary hearing must be requested using the specified caption notice or a contemporaneous written request filed as a separate, captioned pleading with the specified title.
- Document
- Hearing request
- Placement
- Caption
Court's wording
If an evidentiary hearing is needed the pleading must contain a notice to the Court in the caption under the criminal action number as follows: “Evidentiary Hearing Requested”; or requests for hearings can be made in writing contemporaneously with the filing of the relevant motion or response. If a written request for hearing is filed, the request must be filed as a separate pleading bearing the caption of the case and entitled “Request for Evidentiary Hearing”.
• Identify the Motion and date it was filed
3 In the instance where a person would like to be removed from the Show Cause docket because they want to mediate, there should be an agreement that all parties consent to mediation and mediation has been scheduled.
2 A consent request for removal from the show cause docket is used when all parties involved in a lawsuit agree to remove a case from a docket.
Submission of a Hearing Request Form pursuant to the instruction on the document.
Order signed by the court granting removal from the show cause docket.
With respect to any other motions, write a letter to the judge explaining why you believe an oral hearing should be held.
ANY DOCUMENTS OR CORRESPONDENCE DELIVERED TO THE JUDGE'S OFFICE OR CHAMBERS SHOULD HAVE A COVER LETTER AS TO WHAT IS REQUESTED AND COMPLETE RETURN INFORMATION, SUCH AS NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS.
Failure to specifically request a hearing shall be deemed by the Court as a waiver of an evidentiary hearing making the matter ripe before the Court.
Filing & Service rules
Electronic Filing Rules
To obtain a hearing in an uncontested case, complete and file the Hearing Request form through Odyssey/E-file unless proceeding by Motion for Judgment on the Pleadings, then forward a copy to the judge's office.
To obtain a hearing in an uncontested (settled or unopposed) case you must complete a hearing request form unless done by Motion for Judgment on the Pleadings. The form must be completed and filed into the case through Odyssey/E-file. Once completed forward a copy to the judge's office.
Page 1 | Final Hearings in Uncontested Divorces and other Uncontested Domestic Matters
The family law Hearing Request form must be filed through Odyssey/E-file and a copy forwarded to the judge's office.
Please complete the form, file it into the case through Odyssey/E-file and forward a copy to the judge's office.
Page 1 | Temporary/Contempt Hearings
A bench trial request must use the Hearing Request form, be filed through Odyssey/E-file, and be forwarded to the judge's office.
Judge Middleton has implemented the use of a Hearing Request form. Please complete the form, file it into the case through Odyssey/E-file and forward a copy to the judge's office.
Page 1 | Bench Trials
Upon completion, the hearing request form must be e-filed.
Upon completion: 1) E-file the completed form and serve opposing party with a copy; 2) Provide a filed copy of the form to Judge Middleton’s office directly and independently of e-file courtesy copies.
Civil cases
Page 1 | Upon completion
Filing Timing and Cure Windows
The voluntary dismissal and case disposition form must be filed before the show-cause hearing date.
Filing a voluntary dismissal and case disposition form prior to the hearing date, a copy of which must be provided to the court.
Page 1 | How a case may be removed from a Show Cause Docket
The written request for the defendant's presence at a bond hearing must be delivered by 3:00 p.m. on the day before the hearing.
if the Defendant's presence is requested, a written notice is required to Judge Middleton's primary deputy sheriff by delivering the request to the judge's office no later than 3:00 p.m. on the day prior to the bond hearing.
Page 1 | Bond Hearings
All counsel must supply the court with a witness list, proposed voir dire questions, and a numbered exhibit list with reasonable descriptions three business days before trial.
Three (3) business days before trial all counsel shall supply to the court: Witness List Proposed Voir Dire questions Mark exhibit list numbered with reasonable description
Page 1 | Jury Trials
A party must submit the listed trial or hearing materials to the court three business days before trial or a final hearing.
Three (3) business days before trial or final hearing, a party shall submit to the Court: Domestic Financial Affidavit Listing of Prayers for Relief Witness List Marked Exhibit List Request to Charge, if applicable Child Support and Parenting Plan Information
Page 1 | Bench or Jury Trials
Requests under Uniform Superior Court Rule 22 must be submitted at least 24 hours in advance.
In accordance with Uniform Superior Court Rule 22, all requests shall be submitted no less than twenty-four (24) hours in advance.
Page 1 | Case Assistance
The defendant must opt into reciprocal discovery no later than two weeks after arraignment.
Defendant has until 2 weeks after arraignment to opt into reciprocal discovery as set forth at O.C.G.A. § 17-16-1 et. seq.
Criminal cases
Page 1 | A. DISCOVERY
Demurrers must be filed within ten days of arraignment.
All demurrers are to be filed within ten (10) days of arraignment in accordance with O.C.G.A. § 17-7-110.
Criminal cases
Page 1 | B. MOTION HEARINGS
The listed particularized motions and notices must be filed on or before ten weeks after arraignment.
All particularized motions and notices, including but not limited to (a) motions to suppress, (b) Jackson/Denno motions, (c) notices of evidence of other crimes, wrongs, or acts (including, but not limited to, 404, 413, and 414 notices), (d) State’s intent to use child hearsay, (e) notice of intent to raise issues of insanity or mental illness, (f) motions to sever, and (g) claims of immunity shall be filed on or before 10 weeks after arraignment.
Criminal cases
Page 1 | B. MOTION HEARINGS
The order states that responsive pleadings shall be filed “on or 11 weeks after arraignment.”
All responsive pleadings shall be filed on or 11 weeks after arraignment.
Criminal cases
Page 2 | B. MOTION HEARINGS
Motions in limine must be filed at least five days before the trial docket call date.
All motions in limine shall be filed at least five (5) days prior to this date.
Criminal cases
Page 2 | C. TRIAL DOCKET CALL
A request to remove a matter from the Show Cause docket must be made more than five days before the hearing and be for good and sufficient reason.
For good and sufficient reason, and more than five (5) days prior to the hearing request that this matter be removed from the Show Cause docket.
Civil cases
Page 1 | REQUEST TO REMOVE CASE FROM SHOW CAUSE DOCKET
Responding parties are strongly encouraged to file motions to dismiss before the hearing date.
Motions to Dismiss from responding parties are strongly preferred before the date of the hearing, as to do so may avoid the necessity of a hearing.
Page 1 | Habeas Corpus
Service and Proof of Service Rules
After e-filing a motion or response, the attorney or party must email the opposing parties and the assigned judge and staff within 24 hours.
Pursuant to Uniform Superior Court Rule 6.1 when utilizing the e-filing system, the attorney or party shall notify the opposing parties and the assigned Judge, including their staff, by e-mail of the motion or response no later than 24-hours after e-filing.
Page 1 | Judge Christopher K. Middleton
A letter or other document sent to the judge must also be sent to all parties or their lawyers, and it must show that copies were sent.
Any letter or other document must be sent to all parties or their lawyer and the letter or document must show that all parties or their lawyers have been sent a copy.
Page 1 | Ex parte (one-sided) Communications
The Petitioning party should assure service is perfected upon the responding party.
The Petitioning party should assure service is perfected upon the responding party.
Page 1 | Habeas Corpus
If the defendant elects reciprocal discovery, both parties must serve all discovery materials on opposing counsel no later than six weeks after arraignment.
If Defendant elects to participate in reciprocal discovery under O.C.G.A. § 17-16-1 et. seq., both parties shall serve all discovery materials upon opposing counsel no later than 6 weeks after arraignment.
Criminal cases
Page 1 | A. DISCOVERY
Upon completion, a copy of the hearing request form must be served on the opposing party.
Upon completion: 1) E-file the completed form and serve opposing party with a copy; 2) Provide a filed copy of the form to Judge Middleton’s office directly and independently of e-file courtesy copies.
Civil cases
Page 1 | Upon completion
The judge's office emails copies of orders to all parties or their counsel of record upon filing.
The judge's office sends out copies of all orders upon filing to all parties or their counsel of record via email.
Page 1 | When can I expect a ruling on my case?
Courtesy Copy Requirements
When seeking a ruling or hearing date on a motion or response longer than three pages including exhibits, attorneys must deliver a hard copy directly to the assigned judge's staff.
In lieu of providing a hard copy of motions and responses to the clerk's office as outlined in USCR 6.1, attorneys practicing in the Eastern Judicial Circuit shall provide a hard copy of their motions and responses directly to the assigned Judge's staff, specifically where a ruling or hearing date is being sought and the document is greater than three pages in length, including exhibits.
Page 1 | Judge Christopher K. Middleton
After completing and filing the uncontested-case Hearing Request form, forward a copy to the judge's office.
To obtain a hearing in an uncontested (settled or unopposed) case you must complete a hearing request form unless done by Motion for Judgment on the Pleadings. The form must be completed and filed into the case through Odyssey/E-file. Once completed forward a copy to the judge's office.
Page 1 | Final Hearings in Uncontested Divorces and other Uncontested Domestic Matters
An attorney or unrepresented party seeking a ruling must serve the judge with the relevant motion, proposed order, response, request, notice, or other filing.
With the conversion to e-filing in most civil matters, it is important to remember that unless the judge is served a copy of a motion, proposed order, response, request, notice, etc., BY THE ATTORNEY OR UNREPRESENTED PARTY, no ruling will be forthcoming.
Page 1 | IMPORTANCE HIGH! Want a Ruling? Serve the Judge
Counsel must separately supply the court with motions, proposed orders, responses, notices, and other matters counsel wants the court to consider.
It is solely and entirely the responsibility of counsel to supply the court with motions, proposed order, responses, notices and other matters the attorney desires the court to consider.
Page 1 | IMPORTANCE HIGH! Want a Ruling? Serve the Judge
When e-filing a motion, dismissal, or other matter for the judge, the attorney must select Courtesy Copy and enter the assigned staff attorney's email address; the attorney must also deliver one hard copy of the motion and proposed order.
It is the duty of the attorney to submit the motion, dismissal or other matter to the judge by doing so at the time of e-filing by selecting Courtesy Copy and entering the email address of the staff attorney assigned to the judge AND by delivering only one hard copy of the motion AND PROPOSED ORDER
Page 1 | IMPORTANCE HIGH! Want a Ruling? Serve the Judge
After filing the family law Hearing Request form, forward a copy to the judge's office.
Please complete the form, file it into the case through Odyssey/E-file and forward a copy to the judge's office.
Page 1 | Temporary/Contempt Hearings
After filing the bench trial Hearing Request form, forward a copy to the judge's office.
Judge Middleton has implemented the use of a Hearing Request form. Please complete the form, file it into the case through Odyssey/E-file and forward a copy to the judge's office.
Page 1 | Bench Trials
Upon completion, a filed copy of the form must be provided directly to Judge Middleton’s office, separately from e-file courtesy copies.
Upon completion: 1) E-file the completed form and serve opposing party with a copy; 2) Provide a filed copy of the form to Judge Middleton’s office directly and independently of e-file courtesy copies.
Civil cases
Page 1 | Upon completion
Filing a document through eFileGA does not automatically provide it to the assigned judge.
Documents filed in through eFileGA are not automatically sent to the assigned judge.
Page 1 | IMPORTANCE HIGH! Want a Ruling? Serve the Judge
Adjournment & Extension Requirements
A case cannot be continued or removed from the calendar without the judge's approval or a judicial order.
Additionally, a case cannot be continued or removed off the calendar without the approval from the judge or a judicial order.
Page 1 | PROCEDURES TO PROMOTE JUDICIAL ECONOMY ON COURT HEARING DAYS
Exceptions, extensions, and waivers to the order’s requirements are not allowed without express permission from the Court.
Absent express permission from the Court, no exceptions, extensions, or waivers to the requirements set forth herein are allowed.
Criminal cases
Page 1 | PRETRIAL SCHEDULING ORDER
EXTENSIONS OF DEADLINES MAY BE GRANTED WHEN REQUESTED IN WRITING AND GOOD CAUSE IS SHOWN.
EXTENSIONS OF DEADLINES MAY BE GRANTED WHEN REQUESTED IN WRITING AND GOOD CAUSE IS SHOWN.
Criminal cases
Page 2 | D. OTHER
An extension of the motions-in-limine deadline may be granted for good cause shown.
Extensions may be granted for good cause shown.
Criminal cases
Page 2 | C. TRIAL DOCKET CALL
Chambers Communication Rules
Except in rare circumstances, all parties must be present when addressing the judge.
In all other instances, all parties must be present to address the judge.
Page 1 | Ex parte (one-sided) Communications
A jury trial must be requested by letter to the judge, and the party must complete and consolidate the required pretrial order.
Request by letter to the judge. You will receive (letter indicating a request was made for a trial) notice of a pretrial hearing and will be expected to complete and consolidate the Pretrial Order required by the Uniform Superior Court Rules
Page 1 | Jury Trials
Attorneys must immediately notify the judge and staff when a civil action settles or is dismissed.
Additionally, pursuant to Uniform Superior Court Rule 4.10, all attorneys practicing in the Eastern Judicial Circuit shall notify the Judge and their staff immediately upon the settlement or dismissal of any civil actions.
Page 1 | Judge Christopher K. Middleton
A bond assignment must first be obtained from the Clerk's Office before proceeding with a bond hearing.
You must first obtain a bond assignment from the Clerk's Office which is located on the 1st floor of the Eugene H. Gadsden Courthouse.
Page 1 | Bond Hearings
Bench or jury trials must be requested in writing to the judge, and a letter is sufficient; a jury trial request requires a pretrial order and hearing.
These proceedings must be requested in writing to the Judge. A letter will be sufficient. You will receive a bench trial docket containing all the cases to be heard on a date certain. If a jury trial is requested, a pretrial order and hearing will be necessary.
Page 1 | Bench or Jury Trials
A defendant must notify the Clerk of Court in writing through counsel and notify the bonding company of any address change.
It is the Defendant's obligation and responsibility to notify the Clerk of Court's office in writing, through his or her attorney, of any change of address and to notify his or her bonding company.
Page 1 | Important Information about Notice of Hearings
When a hearing is requested, the criminal case manager must be notified by email at LaFarrington@chathamcounty.org.
WHEN A HEARING IS REQUESTED, NOTIFY THE CRIMINAL CASE MANAGER VIA EMAIL (LaFarrington@chathamcounty.org).
Criminal cases
Page 2 | B. MOTION HEARINGS
For a civil or family law hearing, a party must request a court reporter from the Office of the Court Reporter before the day of the hearing.
A Court Reporter will appear for Civil and Family Law Cases only if a party requests a court reporter to be present to record the proceedings. The request must be made to the Office of the Court Reporter, 912-652-7168, prior to the day of the hearing.
Page 1 | Important notices before proceeding with a hearing by Judge Middleton
Notify the judge's secretary of special requests, and arrange and obtain court approval for any appearance method other than appearing in court before the hearing.
Please notify the judge's secretary if you have any special requests such as a request that parties be present or if you anticipate a large number of attorneys to be involved. Arrangements for appearance by any other method other than in-court appearance must be arranged and approved by the Court prior to the hearing.
Page 1 | Motion Hearings
Hearing dates are not provided by telephone.
Please note that Judge Middleton does not give out hearing dates by telephone.
Page 1 | Final Hearings in Uncontested Divorces and other Uncontested Domestic Matters
For a pending civil case inquiry, contact the Administrative Assistant at (912) 652-7252 and have the Civil Action Number available.
If you require assistance or information regarding a pending civil case assigned to Judge Middleton, please contact his Administrative Assistant, Debbie Carney at (912) 652-7252. Please have your Civil Action Number available when making any inquiry to the Court.
Page 1 | Civil Cases
Do not ask the judge's staff to relay messages to the judge about the merits of a case.
Judge Middleton's staff will not relay messages to him about the merits of a case as that also would be considered improper under the rules of ethics.
Page 1 | Legal Advice and Assistance
A motion hearing may be requested by letter or by pleading in the form of a request for oral argument.
Request by letter or by pleading in the form of a request for oral argument.
Page 1 | Motion Hearings
Do not speak with the judge by telephone for legal advice or about the merits of a case.
Please do not expect to be able to speak with Judge Middleton on the telephone for legal advice or on the merits of your case as that would be considered an ex parte communication.
Page 1 | Legal Advice and Assistance
Only lawyers and people with appointments may enter the judge's office.
Due to security procedures, only lawyers or those who have been given an appointment are permitted into a judge's office.
Page 1 | Visits to the Judge's Office
For assistance or information about a pending criminal case, contact the Criminal Case Manager at 912-652-3064.
If you require assistance or information regarding a pending criminal case assigned to Judge Middleton, please contact his Criminal Case Manager, Laquisha Farrington at 912-652-3064.
Page 1 | Criminal Cases
Questions about criminal-case scheduling should be directed to the case manager at 912-652-3064.
All questions about scheduling criminal cases should be directed to Judge Middleton's case manager, LaQuisha Farrington, at 912-652-3064.
Page 1 | Pretrial Scheduling Order
Documents not requiring a signature may be left at the security desk, and runners may deliver rule nisi, bond hearing petitions, and similar pleadings to the judge's secretary.
If you need to deliver documents that do not require a signature, they may be left at the security desk. Runners are permitted to bring rule nisi, bond hearing petitions and similar pleadings to the judge's secretary.
Page 1 | Visits to the Judge's Office
A filed copy of the form may be emailed to the listed address with the subject line “HEARING REQUEST FORM.”
You may email a copy of your filed form to dcarney@chathamcounty.org with the subject line HEARING REQUEST FORM.
Civil cases
Page 1 | Upon completion