Chatham County Superior Court, Georgia Service and Proof of Service Rules

CRITICALCriminal cases

Applies to

Initial discovery

Initial Discovery consists of the specified materials in the State’s file and expert or lab reports in the State’s possession at indictment.

"Initial Discovery" means all police reports, documents and photographs in the State's file and any expert or lab reports within the possession of the State at the time of indictment.

CRITICALCriminal cases

Applies to

Defendant discovery disclosures

The defendant’s discovery disclosures are due to the State within 20 days after the date the State’s Full Discovery disclosures are due.

Discovery disclosures by the Defendant shall be due to the State within 20 days of the date the State's Full Discovery disclosures to Defendant are due.

CRITICALCriminal cases

Applies to

Full discovery disclosures

The State’s Full Discovery disclosures are due by arraignment, or, if arraignment is waived, within 90 days after the defendant files the discovery election.

Full Discovery disclosures by the State shall be due to the Defendant on or before the date of arraignment, or, if the Defendant has waived arraignment, no later than ninety (90) days after the date of the filing of defendant's election under O.C.G.A. § 17-16-1 et seq..

CRITICALCriminal cases

Applies to

Initial discovery disclosures

The State’s Initial Discovery disclosures are due to the defendant within 30 days after the defendant files an election to participate in discovery.

Initial Discovery disclosures by the State shall be due to the defendant no later than thirty (30) days after the date of the filing of defendant's election under O.C.G.A. § 17-16-1 et seq.

CRITICALCriminal cases

Applies to

Full discovery

Full Discovery includes all discovery due under Georgia law, including supplements and materials excluded from Initial Discovery.

“Full Discovery” means all discovery due under the laws off this State, including any supplements to the Initial Discovery and any materials (e.g., bodycam and surveillance video) not included in the Initial Discovery.

CRITICAL

Deadline

24 hours

Service

Email to opposing party

The attorney or party must email opposing parties about a motion or response no later than 24 hours after e-filing.

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.

CRITICAL

Deadline

24 hours

Service

Email to opposing party

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.

CRITICALCivil cases

Applies to

Hearing request form

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.

CRITICAL

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.

CRITICAL

The Petitioning party should assure service is perfected upon the responding party.

The Petitioning party should assure service is perfected upon the responding party.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Discovery demands, requests, motions, and the reciprocal-discovery election must be served no later than arraignment.

All demands, requests, and motions pertaining to discovery, including whether Defendant elects to participate in the reciprocal discovery set forth at O.C.G.A. §17-16-1 et seq. shall be filed and served on or before the date of the Arraignments.

CRITICALCriminal cases

When the Defendant obtains new counsel, the original attorney must provide the new attorney with all discovery previously served on the original attorney.

If Defendant procures new counsel, it shall be the duty of the original attorney for Defendant to provide all discovery served upon him/her to the new attorney.

CRITICALCriminal cases

A motion hearing date will not be assigned until the motion or notice is filed and tangibly served on the Court.

No motion hearing date will be assigned until the motion/notice is filed and tangibly served upon the Court.

CRITICALCriminal cases

If the Defendant elects reciprocal discovery, the Defendant must serve discovery within 20 days after the State serves its discovery and no later than 10 days before trial, unless counsel file a written consent agreement to a different schedule.

Unless otherwise ordered below, if the Defendant elects to participate in reciprocal discovery, the Defendant shall serve all discovery materials upon the State no later than twenty (20) days after service of the State's discovery, but in no event later than ten days prior to trial, unless counsel enter into a written consent agreement, filed of record, to deviate from this schedule.

CRITICAL

The attorney or unrepresented party must serve the judge with a copy of matters submitted for consideration or the judge will not issue a ruling.

IMPORTANCE HIGH! Want a Ruling? Serve the Judge 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.

CRITICALCivil cases

Applies to

Hearing request form

The opposing party must be served with a copy of the completed hearing request form.

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 Morse’s office directly and independently of e-file courtesy copies.

CRITICAL

The certificate states that all parties of record were served with a copy of the voluntary dismissal.

I do hereby certify that I have this day served all parties of record in the instant matter with a copy of the enclosed Voluntary Dismissal Without Prejudice via as follows:

CRITICAL

A letter or document to the judge must be sent to all parties or their lawyers and show that a copy was sent to them.

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.

CRITICALCriminal cases

Both parties may supplement discovery and must do so at least 10 days before the Trial Docket Call.

Both the State and Defendant shall have the right to supplement discovery and shall do so at least ten days prior to the Trial Docket Call.

CRITICAL

Deadline

24 hours

When e-filing, the attorney or party must notify 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 no later than 24-hours after e-filing.

CRITICALCriminal cases

If the Defendant elects reciprocal discovery, the State must serve its discovery materials on defense counsel within 20 days after arraignment unless counsel file a written consent agreement to a different schedule.

Unless otherwise ordered below, if the Defendant elects to participate in reciprocal discovery, the State shall serve all discovery materials upon Counsel for the Defendant no later than twenty (20) days after the Arraignment, unless counsel enter into a written consent agreement, filed of record, to deviate from this schedule.

CRITICAL

A written waiver of arraignment must be served upon the Court's Criminal Case Manager.

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.

CRITICALCivil cases

Applies to

Hearing request form

A copy of the completed form must be served on the opposing party.

serve opposing party with a copy

CRITICAL

Deadline

24 hours

Service

Email to opposing party

When e-filing a motion or response, the filer must email the opposing parties no later than 24 hours after filing.

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.

CRITICAL

If Defendant elects reciprocal discovery, Defendant must serve discovery within 15 days after the State’s discovery is served and no later than 10 days before trial, unless the Court orders otherwise in writing.

Unless otherwise ordered, if Defendant elects to participate in reciprocal discovery, Defendant shall serve all discovery materials upon the State no later than fifteen days after service of the State’s discovery, but in no event later than ten days prior to trial, unless a written order allowing deviation from this schedule is entered by the Court.

CRITICAL

All demands, requests, and motions pertaining to discovery, including whether Defendant elects to participate in the reciprocal discovery set forth at O.C.G.A. §17-16-1 et seq. shall be filed and served no later than five days after the date of arraignment, whether or not waived.

All demands, requests, and motions pertaining to discovery, including whether Defendant elects to participate in the reciprocal discovery set forth at O.C.G.A. §17-16-1 et seq. shall be filed and served no later than five days after the date of arraignment, whether or not waived.

CRITICALCivil cases

Upon completing the form, serve a copy 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 Stokes’s office directly and independently of e-file courtesy copies.

CRITICAL

Deadline

24 hours

Service

Email to opposing party

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.

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.

CRITICAL

The Court must notify all parties and conduct a hearing if there is an objection.

The Court shall provide notice to all parties and shall conduct a hearing in the event of any objection.

CRITICAL

A defendant approved to represent themself must serve the covered discovery materials within ten days after arraignment, whether or not arraignment was waived.

If Defendant has been approved by the Court to self-represent, then such filings and service shall be made within ten days after the date of arraignment, whether or not waived.

CRITICAL

If Defendant elects reciprocal discovery, the State must serve discovery within 30 days after the election is filed unless the Court orders otherwise in writing.

Unless otherwise ordered, if Defendant elects to participate in reciprocal discovery under O.C.G.A. §17-16-1 et seq., the State shall serve all discovery materials upon the defense no later than 30 days after the date Defendant files an election to participate in reciprocal discovery, unless a written order allowing deviation from this schedule is entered by the Court.

CRITICAL

Deadline

24 hours

Applies to

Motion or response

Service

Email to opposing party

When e-filing a motion or response, the attorney or party must email the opposing parties with notice within 24 hours after filing.

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.

WARNINGCriminal cases

The standing order’s discovery schedule does not apply if an earlier-entered order requires an earlier discovery exchange.

The foregoing shall not apply in the event that an order previously entered in any case provides for the exchange of discovery any earlier than would be required under the foregoing.

WARNINGCriminal cases

Applies to

Discovery video files

Bodycam, surveillance, and similar video files are excluded from Initial Discovery, but the State should produce them promptly.

Initial Discovery does not include bodycam, surveillance, or similar video files, but the State should produce those files to the Defendant promptly.

WARNING

The Petitioning party should assure service is perfected upon the responding party.

The Petitioning party should assure service is perfected upon the responding party.

WARNING

The court must notify all parties and hold a hearing if there is an objection.

The Court shall provide notice to all parties and shall conduct a hearing in the event of any objection.

WARNING

The draft order must be sent to opposing counsel or the unrepresented party before it is submitted 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.

WARNING

Bodycam, surveillance, and similar video files are excluded from Initial Discovery, but the State should produce them promptly to the Defendant.

Initial Discovery does not include bodycam, surveillance, or similar video files, but the State should produce those files to the Defendant promptly.

WARNING

When Defendant obtains new counsel, the original attorney must provide the new attorney with all discovery received.

If Defendant obtains new counsel, it shall be the duty of the original attorney for Defendant to provide all discovery received to the new attorney.

INFO

Service

Email to all parties

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.

INFO

Service

Email to all parties

The judge’s office emails copies of all 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.

INFO

The parties should subpoena their witnesses to be available throughout the trial period and the following week in case trial runs longer than one week.

Parties should subpoena their witness to be available for the entire trial period and the following week in the event the trial runs longer than one week.