Chatham County Superior Court, Georgia Document Filing Requirements

CRITICAL

Applies to

Motion

A pretrial motion in a civil action that is not consented to by all parties must include supporting-authority citations and, when relying on unstipulated facts, supporting affidavits or citations to record evidence.

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.

CRITICAL

Applies to

Bond hearing notice

If the defendant's presence at a bond hearing is requested, written notice to the primary deputy sheriff must be delivered to the judge's office by 3:00 p.m. on the preceding day.

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.

CRITICAL

Applies to

Trial submissions

The required pretrial submissions are a Domestic Financial Affidavit, listing of prayers for relief, witness list, marked exhibit list, request to charge if applicable, and child support and parenting plan information.

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

CRITICALCriminal cases

Applies to

Motion

Motions must identify with particularity the item, statement, or event at issue; generalized and omnibus motions will not be considered.

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.

CRITICAL

Applies to

Pretrial order

A jury trial request requires a pretrial order and a hearing.

If a jury trial is requested, a pretrial order and hearing will be necessary.

CRITICALCriminal cases

Applies to

Hearing request

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.

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”.

CRITICALCriminal cases

Applies to

Motion

The Court will not consider generalized or omnibus motions; the motions and notices listed in paragraph 5 should be particularized and comply with applicable legal standards.

Generalized and omnibus motions will not be considered nor addressed by the Court. Any motions file above in paragraph (5) should be particularized and comply with legal standards to properly rule on the motion/notice.

CRITICAL

Applies to

Trial submission

All counsel must supply 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

CRITICAL

Applies to

Bond hearing notice

If the defendant’s presence is requested at a bond hearing, written notice must be delivered to the judge’s office for the Primary Deputy Sheriff by 3:00 p.m. the preceding day.

if the Defendant's presence is requested, a written notice is required to Judge Morse'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.

CRITICAL

Applies to

Show cause docket dismissal

To remove a case from a show-cause docket by voluntary dismissal, file a voluntary dismissal and case disposition form before the hearing and provide a copy to the court.

Filing a voluntary dismissal and case disposition form prior to the hearing date, a copy of which must be provided to the court.

CRITICAL

Applies to

Trial submission

A party must submit the listed financial, relief, witness, exhibit, charge, and child-support/parenting-plan materials 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

CRITICALCriminal cases

Applies to

Trial submissions

Pursuant to U.S.C.R. 10.1, written proposed voir dire questions and, pursuant to U.S.C.R. 7.4, Request to Charge, and a marked Exhibits List shall be submitted to the Court three (3) business days prior to trial.

Pursuant to U.S.C.R. 10.1, written proposed voir dire questions and, pursuant to U.S.C.R. 7.4, Request to Charge, and a marked Exhibits List shall be submitted to the Court three (3) business days prior to trial.

CRITICAL

Applies to

Pretrial order

A party requesting a jury trial must complete and consolidate the Pretrial Order required by the Uniform Superior Court Rules.

will be expected to complete and consolidate the Pretrial Order required by the Uniform Superior Court Rules

CRITICAL

Applies to

Motion

A pretrial civil motion not consented to by all parties must include supporting authorities and, when it relies on unstipulated facts, supporting affidavits or citations to record evidence.

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.

CRITICAL

Applies to

Custody or support case documents

All documents needed to conclude a custody- or support-related case must be completed and signed by both parties.

All necessary documents to conclude any case related to custody and support must be filled out and signed by both parties.

CRITICAL

Applies to

Letter or document

A letter or document sent to the judge must indicate that all parties or their lawyers received a copy.

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.

CRITICAL

Applies to

Waiver of arraignment

For serious violent felony charges, the Defendant must personally sign the waiver of arraignment.

For cases with charges that are considered serious violent felonies under O.C.G.A. § 17-10-6.1(a), the waiver of arraignment must be signed personally by the Defendant.

CRITICAL

Applies to

Plea paperwork

For any negotiated plea, all plea paperwork must be signed before the docket is called.

At any time for a negotiated plea, including a requested Plea Hearing or the Pretrial Hearing, all plea paperwork must be typed, printed, and signed prior to the call of the docket.

CRITICAL

Applies to

Waiver of arraignment

A written waiver of arraignment must elect Plea Track, Motion Hearing required, or Trial Track.

Such written waiver must (1) be filed of record at least 30 days in advance of any scheduled arraignment hearing; (2) served upon the Court's Criminal Case Manager; and (3) elect Plea Track, Motion Hearing required, or Trial Track.

CRITICAL

Applies to

Plea paperwork

In order for a case to be set on a plea docket, counsel must request an in-person or video plea hearing and present completed plea paperwork signed by the prosecutor and defense attorney to the Criminal Case Manager at least ten (10) business days in advance.

In order for a case to be set on a plea docket, counsel must request an in-person or video plea hearing and present completed plea paperwork signed by the prosecutor and defense attorney to the Criminal Case Manager at least ten (10) business days in advance.

CRITICAL

Applies to

Trial submissions

Written proposed voir dire questions, requests to charge, and a marked exhibits list must be submitted to the Court three business days before trial.

Written proposed voir dire questions, requests to charge, and a marked exhibits list shall be submitted to the Court three business days prior to trial.

WARNINGCriminal cases

Applies to

Hearing request

An evidentiary hearing is deemed waived unless specifically requested.

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.

WARNINGCivil cases

Applies to

Request to remove case from show cause docket

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.

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.

WARNING

Applies to

Hearing request form

A case may be removed from a show-cause docket by submitting a Hearing Request Form according to its instructions.

Submission of a Hearing Request Form pursuant to the instruction on the document.

WARNING

Applies to

Order

Order signed by the court granting removal from the show cause docket.

Order signed by the court granting removal from the show cause docket.

WARNING

Applies to

Letter

For a motion not routinely heard, the party requesting oral argument must write the judge explaining why a hearing should be held.

With respect to any other motions, write a letter to the judge explaining why you believe an oral hearing should be held.

WARNING

Applies to

Document

Documents or correspondence delivered to the judge's office or chambers should include a cover letter stating the request and complete return information.

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.

WARNINGCivil cases

Applies to

Request to remove case from show cause docket

A consent request to remove a case from the Show Cause docket is used when all parties agree to the removal.

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.

WARNING

Applies to

Hearing request

A case may be removed from a show-cause docket by submitting a Hearing Request Form according to its instructions.

Submission of a Hearing Request Form pursuant to the instruction on the document.

WARNING

Applies to

Document or correspondence

Documents or correspondence delivered to the judge’s office or chambers should include a cover letter stating the request and complete return information, including name, address, telephone number, and email address.

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.

WARNINGCivil cases

Applies to

Hearing request form

For a motion hearing request, identify the motion type and the date it was filed.

Identify the type of ▪ Available only for certain • Has your case been Motion and date it was domestic actions mediated? Yes / No filed

WARNING

Counsel must adhere to the time limits set on the hearing calendar.

Time limits set on the calendar are to be adhered to by counsel.

WARNINGCivil cases

Applies to

Hearing request form

For a civil or domestic matter, identify the issues to be determined at the temporary or final hearing.

If a civil/domestic matter, please identify the issues that need to be determined at the temporary or final hearing:

WARNING

Applies to

Family law case documents

Self-represented parties should produce requested financial forms, child support worksheets, and parenting plan information.

The resolution of your case can be greatly hampered if you fail to produce the necessary financial forms (information), Child Support worksheets and Parenting Plan information requested.

WARNINGCivil cases

Applies to

Hearing request form

Add both the Plaintiff/Petitioner’s and Defendant/Respondent’s email addresses to the hearing request form.

PLEASE ADD BOTH PLAINTIFF /PETITIONER, DEFENDANT/ RESPONDENT EMAIL ADDRESS TO THIS DOCUMENT

WARNINGCriminal cases

Applies to

Negotiated plea petitions

The State should be prepared to present written negotiated-plea petitions by the arraignment.

After indictment, the State should be prepared to present written petitions for negotiated pleas at or before the Arraignment.

WARNING

Applies to

Pretrial order

For bench trials, the judge may require a modified pretrial order containing the party’s top three prayers for relief.

Judge Morse may require use of a modified pretrial order contemplated by the Uniform Rules for bench trials that should contain your top three (3) prayers of relief.

WARNING

Applies to

Proposed order

Must include

proposed order

When directed after a bench-trial ruling, the prevailing party’s attorney must prepare a draft order, send it to opposing counsel or the unrepresented party, and then submit it to the judge for signature.

Judge Morse 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.