Chatham County Superior Court, Georgia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Phone
Fax
Chambers
Document Format Requirements4 rules
The email subject line shall be formatted as follows: [Defendant’s Name] [Case Number] PETITION FOR BOND Example: John Smith SPCR25-00001-J1 PETITION FOR BOND
The defendant’s attorney shall request a bond hearing by preparing a bond petition and emailing it in PDF format to the Judge’s administrative assistant.
- File type
The defendant shall request a bond hearing by preparing a bond petition and sending a hard copy of the petition to the Judge’s office via U.S. Mail.
- File type
- Paper
Using the appropriate template provided by the Court, prepare a Motion for Competency Evaluation.
Document Filing Requirements52 rules
The requesting agency/individual certifies that the device(s) to be used and the locations and operation of such device(s) will be in conformity with Rule 22 and any guidelines issued by the Court.
The defendant’s attorney shall be responsible for adding that date and time to the petition and then filing the completed petition into the record.
For a defendant without an attorney, the administrative assistant will add the hearing date and time, file the completed petition, and notify the State using one of the stated methods.
Court's wording
The Judge’s administrative assistant shall fill in the bond hearing date and time. The administrative assistant shall then file the completed petition into the record and give notice of the bond hearing to the State (either by electronically filing and serving the petition via eFileGA or by emailing a copy of the completed petition to the attorney for the State).
Said bond petition shall include the case’s Superior Court case number. If the case does not yet have a Superior Court case number, the defendant’s attorney shall first obtain a Superior Court case number and judicial assignment by presenting the petition to the Superior Court Clerk’s Office and then contact the Judge’s office.
- Document
- Bond petition
Must include
- •Case number
SWORN FINANCIAL AFFIDAVITS OF BOTH PARTIES ARE REQUIRED. Confirmation of all income - bring paycheck stubs, income tax return.
CHILDREN ARE NOT ALLOWED AT THE MEDIATION SESSION.
ALTERNATIVE ARRANGEMENTS MUST BE MADE FOR CHILDCARE
SWORN DOMESTIC RELATIONS FINANCIAL AFFIDAVITS OF BOTH PARTIES ARE REQUIRED.
SWORN FINANCIAL AFFIDAVITS OF BOTH PARTIES ARE REQUIRED.
Parties unable to complete the screening questionnaire online must contact the ADR Office by telephone within 15 days after service to complete it.
Court's wording
Parties unable to complete the mandatory screening questionnaire online shall contact the ADR Office at (912)652-7519 no later than fifteen (15) days after service of the petition on the respondent to complete the screening questionnaire over the telephone.
No later than fifteen (15) days after service of the petition on the respondent, all domestic case parties or their attorneys shall complete the mandatory screening questionnaire located at https://godr.org/adr-screening/.
If the Chatham County ADR Office declines to exempt the case on discretionary grounds, the party may then petition the Court for an exemption. Said petition shall be in the form of a motion accompanied by a proposed order.
- Document
- Petition for exemption
Must include
- •Proposed order
Check if any party was self-represented at any point during the life of the case.
Check if the court ordered an interpreter for any party, witness, or other involved individual.
6. Provide an answer to the three questions by checking the appropriate boxes.
Check alternative dispute resolution only when the entire case was resolved through ADR as a non-trial disposition.
Court's wording
Alternative Dispute Resolution: If a case was disposed of via a non-trial disposition, and the method of disposition was alternative dispute resolution. Only check if the whole case was resolved via alternative dispute resolution.
Jury Trial: Cases in which a jury is impaneled to determine the issues of fact in the case. A jury trial should be counted when the jury has been sworn, regardless of whether a verdict is reached.
2. Provide the plaintiff’s and defendant’s names.
3. Provide the reporting party who is the individual completing the form.
Bench/Non-Jury Trial: Cases in which a judge or judicial officer is assigned to determine both the issues of fact and law in the case. A bench/non-jury trial should be counted when the first evidence is introduced, regardless of whether a judgment is reached.
4. Provide the attorneys’ names and Bar numbers. If parties represented themselves, provide their names and check the self-represented box.
5. Provide the manner of disposition by checking the appropriate box. See below for definitions.
1. Provide the class of court and county in which the case is being disposed.
Include all your client’s pending case numbers, even if they are not all indicted. You can supplement this information later down the road, if necessary.
Include your observations, if any, that your client may not understand his surroundings or the legal process.
Prepare a proposed Order for Mental Evaluation Regarding Competency to Stand Trial. Include all your client’s pending case numbers.
Have the proposed order and the listed referral and supporting materials available for presentation at the initial competency hearing; other helpful materials may also be included.
Court's wording
At the initial competency hearing, have the proposed order(s) as well as the following documents available for presentation to the Court: a. DBHDD Referral Form b. Indictment/Accusation c. Police Reports d. Past Medical Records e. Summary of Defendant’s criminal history (if any) f. Any other documents that may be helpful, including but not limited to school IEP/504 plan records, social security/disability documents, and/or statements from family members or guardians.
If your client has a criminal history, summarize it in your referral form and in your presentation to the Court.
Do not submit GCIC records to the Court or to DBHDD.
Include personal observations that explain your competency concerns.
Make sure you put all your contact information- especially your email address.
File the Motion for Competency Evaluation AND provide the Judge with the DBHDD Referral Form at the time of filing.
If known, the party or attorney must notify the court through a notice that a qualified interpreter is needed.
Court's wording
Pursuant to Uniform Superior Court Rule 7.3, “the party or party's attorney shall inform the court in the form of a notice of the need for a qualified interpreter, if known, within a reasonable time – at least 5 days where practicable – before any hearing, trial, or other court proceeding.”
At the time of request for a pretrial conference or trial, the requesting party must attest in writing that the case has been submitted to ADR or that an exemption was granted.
The original attestation and a judge's copy shall be filed with the Clerk of Court.
The parties or their attorneys shall complete and file an ADR Civil or Domestic Initiation Form and submit a copy of the Initiation Form to the ADR Office in Room 426 of the Courthouse at the time of filing the complaint or answer.
The attestation must substantially follow the provided certification form, identifying the party, case, ADR submission or exemption, date, and signature.
Court's wording
The form of attestation shall be substantially as follows: I, _____, (name of attorney or pro se party) hereby certify that _____ (name of case and civil action number) has been - Submitted to ADR or - Has been exempted from ADR. Date: _____ Signature: _____
The ADR Fee Waiver Form must be submitted to the ADR Office at the stated address.
Court's wording
ADR Fee Waiver Forms are available at http://www.chathamcounty.org/supctclk.html and www.chathamcounty.org/adr.html and must be submitted to the ADR Office, 133 Montgomery Street, Room 426, Savannah, Georgia 31401.
To schedule mediation in a Domestic case, complete the Domestic Relations questionnaire and The Mediation Center's scheduling request form; if using another mediator, contact that mediator directly to schedule.
Court's wording
To schedule mediation in a Domestic case, you must: (1) Complete the Domestic Relations questionnaire located at https://godr.org/adr-screening/. (2) Complete The Mediation Center's scheduling request form located at https://mediationsavannah.com/superiorcourtmediation/. If you will be using a mediator other than The Mediation Center, it is your responsibility to contact that mediator directly to schedule.
Bring preferences of the holiday schedule.
For accounts and investments, bring information identifying the plan type and amount, and bring the plan's Summary Plan Description.
Court's wording
Checking/Savings Accounts; Investments Description of the plan type and amount (i.e. pension plan, profit sharing plan, 401K plan, employee's stock ownership plan (ESOP), government plan, etc.). Bring a Summary Plan Description - available through Administrator.
Vehicles/Boats/etc. Description and current value of item. Include loan information or lease information.
Personal Property Detailed list of all property to be divided and value of each item. (Include all household items)
Debts Statements of all debt including credit cards, store accounts, vehicle payments, personal debt and any other type debt.
Life Insurance Description of types, policy numbers and amounts of all policies.
Real Estate Description and location of the property. Something to show value of property (tax bill, appraisal, Realtor's statement). Statements showing original mortgage amount, as well as current balance, payment, and interest rate. Any information about second mortgages or home equity loans.
If you determine your client should be evaluated for competency to stand trial, acquire the indictment/accusation, police reports, past psychiatric records (if available), and criminal history (if available) of your client.
Attach an addendum, if necessary.
Include
- •Attach an addendum, if necessary
Be as detailed as possible. Include any specific behavior your client exhibited in court, meetings, etc.
If your client is not incarcerated or if there is a possibility, he/she will be released from custody for any reason while the evaluation is pending, make sure to get their contact information.
Fax: 912-652-7130 with an Interpreter Request Form
- Document
- Interpreter request
Include
- •Interpreter Request Form
Filing & Service rules
Electronic Filing Rules
The administrative assistant may file and serve the petition electronically via eFileGA as one way to notify the State.
The administrative assistant shall then file the completed petition into the record and give notice of the bond hearing to the State (either by electronically filing and serving the petition via eFileGA or by emailing a copy of the completed petition to the attorney for the State).
Page 2 | Where the defendant does not have an attorney
Court orders for DBHDD evaluations or restoration services should be sent with this form and all available records by email or fax.
*** All court orders for DBHDD evaluations or restoration services are centralized and should be emailed with this form and all other available records to CourtServices@dbhdd.ga.gov or faxed to 770-359-5238.***
Criminal cases
Page 1 | Evaluation Referral Form
Temporary protective-order petitions may be filed in person at the Clerk's Office, electronically through Guide & File, or with help from Safe Shelter or Mary's Place.
Petitions for temporary protective orders may be filed in person in the Superior Court Clerk's Office, electronically via Guide & File, or with the assistance of Safe Shelter or Mary's Place.
Page 1 | Protective Orders
Filing Timing and Cure Windows
Media requests 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 | Superior Court Media Requests
Interpreter requests should be submitted to the Superior Court Administrators Office of Court Services at least five administrative days before the proceeding begins.
Để bảo đảm sẳn sàng có thông dịch viên, nhu cầu về thông dịch viên phải được nộp cho văn phòng Quản Lý Toà Án Thượng Thẩm (Dịch vụ Tòa án) ở số (912) 652-7144 hoặc (912) 652-7143 ít nhất 5 ngày hành chánh trước vụ kiện thưa bắt đầu.
Page 1 | Use of Interpreters for Non-English Speaking and Hearing Impaired Persons
The interpreter-need notice should be given within a reasonable time and at least five days before the proceeding where practicable.
Pursuant to Uniform Superior Court Rule 7.3, “the party or party's attorney shall inform the court in the form of a notice of the need for a qualified interpreter, if known, within a reasonable time – at least 5 days where practicable – before any hearing, trial, or other court proceeding.”
Page 1 | Use of Interpreters for Non-English Speaking and Hearing Impaired Persons
Interpreter requests should be made at least five days before the judicial proceeding to ensure an interpreter is available.
Peticiones para un intérprete deberán hacerse por la Oficina de los Administradores del Tribunal Superior (Servicios Judiciales) a (912) 652-7144 o (912) 652-7143, al menos 5 días antes del procedimiento judicial para garantizar que un intérprete esté disponible.
Page 1 | Use of Interpreters for Non-English Speaking and Hearing Impaired Persons
The ADR Initiation Form and its copy for the ADR Office are due when the complaint or answer is filed.
The parties or their attorneys shall complete and file an ADR Civil or Domestic Initiation Form and submit a copy of the Initiation Form to the ADR Office in Room 426 of the Courthouse at the time of filing the complaint or answer.
Civil cases
Page 1 | MANDATED MEDIATION FOR DOMESTIC AND CIVIL CASES
In contested cases filed on or after January 1, 2011, the parties must attempt ADR or obtain an exemption within 150 days after filing the action.
In contested cases filed on or after January 1, 2011, the parties shall either attempt ADR or obtain an exemption from the court within 150 days of the date on which the action is filed.
Civil cases
Page 1 | MANDATED MEDIATION FOR DOMESTIC AND CIVIL CASES
Unless an earlier deadline applies, contested cases filed before January 1, 2011, must be submitted to ADR or exempted within 150 days of the order.
Unless subject to a pending order with an earlier deadline, all contested cases filed prior to January 1, 2011, shall be submitted to or exempted from ADR within 150 days from the date of this Order.
Civil cases
Page 1 | MANDATED MEDIATION FOR DOMESTIC AND CIVIL CASES
The Board of Assessors and taxpayer must participate in in-house mediation within 90 days after tax-appeal certification and before a pretrial conference and trial.
After the certification of a tax appeal under O.C.G.A. § 48-5-311, the Chatham County Board of Assessors and the taxpayer are required to participate in Chatham County's in-house program for mediation within 90 days of the certification and prior to a pre-trial conference and trial.
Civil cases
Page 1 | MANDATED MEDIATION FOR TAX APPEALS
Applications for fee waivers or reductions must be made three days before the mediation, arbitration, or other ADR process.
All applications for fee waivers/reductions shall be made three (3) days prior to the date of the mediation, arbitration or other form of ADR.
Civil cases
Page 2 | FEE WAIVER OR REDUCTION
Service and Proof of Service Rules
The administrative assistant may notify the State by emailing a copy of the completed petition to the State’s attorney.
The administrative assistant shall then file the completed petition into the record and give notice of the bond hearing to the State (either by electronically filing and serving the petition via eFileGA or by emailing a copy of the completed petition to the attorney for the State).
Page 2 | Where the defendant does not have an attorney
The attorney must give the State notice of the bond hearing.
The defendant’s attorney also shall be responsible for giving notice of the bond hearing to the State.
Page 2 | Where the defendant has an attorney
Filing Fees and Waivers
Fee waivers or reductions are available only for Mediation Center mediation services and transitional parenting classes.
A fee waiver or reduction is only available for mediation services and transitional parenting classes provided by the Mediation Center.
Civil cases
Page 2 | FEE WAIVER OR REDUCTION
A party who does not qualify for a fee reduction or waiver and refuses to pay may be found in contempt of the order.
If a party does not meet the criteria for a fee reduction or waiver and refuses to pay, such refusal may be the basis for a finding of contempt of this Order.
Civil cases
Page 2 | FEE WAIVER OR REDUCTION
A fee-waiver or reduction application cannot be granted after an ADR process has taken place.
No application will be granted after an ADR process has taken place.
Civil cases
Page 2 | FEE WAIVER OR REDUCTION
A party may petition the ADR Program for a fee reduction or waiver when circumstances warrant.
A party may petition the ADR Program for a fee reduction or waiver where circumstances warrant.
Civil cases
Page 2 | FEE WAIVER OR REDUCTION
Fee-waiver or reduction eligibility is determined using the Federal Poverty Guidelines in the Federal Register.
The ADR Office will use the Federal Poverty Guidelines as set forth in the Federal Register to determine eligibility.
Civil cases
Page 2 | FEE WAIVER OR REDUCTION
Sealing & Redaction Procedures
The evaluation is provided to defense counsel or, if the accused is pro se, to the accused, and otherwise remains under seal and is not released without a court order; if the defense files a special plea of incompetency, the Court submits it to the prosecuting attorney.
The Court will give the report to defense counsel, but not to the prosecuting attorney at this point. See Georgia Code § 17-7-130(b)(1): …. “The department’s evaluation shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or if pro se, to the accused, but otherwise, the evaluation shall be under seal and shall not be released to any other person absent a court order.” 11. If the defense chooses to raise the issue of incompetence further and files a special plea of incompetency, the Court shall submit the department’s evaluation to the prosecuting attorney. (Georgia Code § 17-7-130(b)(2))
Page 2 | Competency to Stand Trial Referral Checklist for Defense Counsel
Chambers Communication Rules
Requests to other Judges’ offices to hear a bond petition for the assigned Judge should come only from the office of the assigned Judge or from the Court Administrator’s Office.
Requests to other Judges’ offices to hear a bond petition for the assigned Judge should come only from the office of the assigned Judge or from the Court Administrator’s Office.
Page 2 | PROCEDURE
An attorney must request a bond hearing by emailing a prepared bond petition to the Judge’s administrative assistant.
The defendant’s attorney shall request a bond hearing by preparing a bond petition and emailing it in PDF format to the Judge’s administrative assistant.
Page 2 | Where the defendant has an attorney
After filing a temporary protective-order petition, contact only the assigned Judge's office to schedule the ex parte hearing; do not contact other Judges' offices.
Once you have filed a petition for a temporary protective order, you must contact the office of the assigned Judge to schedule an ex parte hearing. Only contact the office of the assigned Judge. Do not contact other Judges' offices.
Page 1 | Protective Orders
If a proceeding with court-arranged interpreter services is changed or canceled, the requesting party must notify Court Services.
Moreover, if the time or date of a proceeding is changed or canceled and interpreter services have been arranged by the court, the party that requested the interpreter must notify Court Services of the change or cancellation.
Page 1 | Use of Interpreters for Non-English Speaking and Hearing Impaired Persons
Interpreter requests may be made through the Superior Court Administrators Office of Court Services at either listed phone number.
Peticiones para un intérprete deberán hacerse por la Oficina de los Administradores del Tribunal Superior (Servicios Judiciales) a (912) 652-7144 o (912) 652-7143, al menos 5 días antes del procedimiento judicial para garantizar que un intérprete esté disponible.
Page 1 | Use of Interpreters for Non-English Speaking and Hearing Impaired Persons
Interpreter requests may be made online or by fax to 912-652-7130 using an Interpreter Request Form.
Interpreter requests for court proceedings can be requested two ways: Online Request Form Fax: 912-652-7130 with an Interpreter Request Form
Page 1 | Use of Interpreters for Non-English Speaking and Hearing Impaired Persons
Questions or concerns about the recording-device request may be emailed to Superior Court Administrator Crystal Cooper.
Questions/concerns? Email Superior Court Administrator Crystal Cooper at ccooper@chathamcounty.org
Page 1 | ORDER CONCERNING USE OF RECORDING DEVICE(S) IN COURTROOM PURSUANT TO USCR RULE 22
The Judge’s administrative assistant will email the bond hearing date and time.
The Judge’s administrative assistant shall reply via email with the bond hearing date and time.
Page 2 | Where the defendant has an attorney
For additional questions, contact the Director of Alternative Dispute Resolution by phone at (912) 652-7519.
Please contact the Director of Alternative Dispute Resolution at (912) 652-7519
Page 1 | Additional questions?