Cherokee County Superior Court, Georgia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Petition for Adoption
- 1 copy • Upon Filing
Communication
Document Format Requirements4 rules
then such request shall be made by motion
All exhibits shall be marked by counsel prior to trial so as not to delay the trial.
The District Attorney may file a written request to randomly reassign the case to the Clerk
by filing a request in writing in the case with the Clerk
Document Filing Requirements38 rules
jury trials require the attachment of proposed jury charges and proposed verdict forms
Summarize the contentions of the parties as to each of the eight factors under O.C.G.A. §19-6-5 governing the amount of alimony (any factor not summarized here may not be used at trial).
The Addendum Order must be filed in every family law action in addition to the existing Domestic Standing Orders.
Court's wording
The Addendum Order shall be filed in each family law action IN ADDITION to the Domestic Standing Orders implemented by Order of this Court filed in Superior Court Minute Book 198, Page 133, on June 13, 2014.
The Clerk of Court shall cause the Addendum Order to be completed, by inserting the names of the parties and the case number, and filing same with the case.
- Document
- Addendum order
Must include
- •Case number
All final judgmen and agreements furnished to the Court for approve and/or entry must comply with the drafting et(s) mandates of O.C.O.A. §§19-5-12 and 19-6-15, including attaching Child Support Workshe and attaching a Child Support Addendum to the proposed Final Judgment and Decree.
All parties with minor children in a case involving custody or parenting time shall of successfully complete a co-parenting seminar approved by the Court and submit proof completion to the Court.
The Petitioner shall successfully complete the co-parenting seminar within thirty-one (31) days following the filing of the Complaint
Each party in a contested action involving the listed support, alimony, property, or fee matters must complete a DRFA.
Court's wording
In any contested action for temporary or pennanent child support, alimony, equitable division of property, modification of child support or alimony or attorney's fees, each party shall complete a Domestic Relations Financial Affidavit (DRFA)
A certificate of attendance is valid for three years, and a qualifying certificate must be filed in any subsequent action.
Court's wording
A certificate of attendance is valid for three (3) years from the date ofattendance. A copy ofthe Certificate ofAttendance obtained within three (3) years prior to an action must be filed in any subsequent action.
Upon successful completion of the co-parenting seminar, each party shall file the Clerk of Superior Court written verification ofhis or her completion of the co-parenting seminar.
A mediation waiver is discretionary and must be requested by a written motion stating the reasons, filed with the Clerk of Superior Court.
Court's wording
Waivers for mediation may be granted in the Court's discretion. A Motion to Waive Mediation, stating the reasons therefore must be in writing, filed with the Clerk ofSuperior Court and a copy delivered to the Judge's office and the opposing party.
For good cause shown, the Assigned Judge may excuse a party from completing the co parenting seminar in individual cases. A Motion to Waive Seminar Attendance, stating the reasons therefore must be in writing, filed with the Clerk of Superior Court and a copy delivered to the Judge's office and the opposing party.
When custody is at issue, each party must prepare and submit a proposed Parenting Plan to the Court, except in a request for emergency family-violence relief.
Court's wording
Except when a parent seeks emergency relief for family violence, in all cases in party is required to prepare a propose d custody of a child is at issue between the parents, each to at least five (5) days prior Parenting Plan and submit it to the Court and to the opposing party ng Plan is commencement of any hearing involving custody or parenting time.
A party seeking a hearing must submit a Rule Nisi to the Assigned Judge's Office and provide a hearing time estimate.
Court's wording
Hearings are not automatically scheduled in the Blue Ridge Judicial Circuit. The party desiring a hearing shall submit a Rule Nisi to the Assigned Judge's Office and shall provide a time estimate for hearing.
In a modification case, a request for a temporary hearing requires a separate motion stating specific grounds and accompanied by the requesting party's supporting affidavit; the separate motion is unnecessary in an original action.
Court's wording
Ifa party requests a temporary hearing in a modification case, then the party shall file a separate Motion for Temporary Hearing and shall include specific grounds which justify consideration of a temporary change in compliance with the appropriate authority. A Motion for Temporary Hearing is not necessary in an original action. A Motion for Temporary Hearing shall be accompanied by an Affidavit ofthe requesting party averring facts supporting the Motion.
request for such relief shall be by written motion filed in the action, accompanied Affidavit ofthe requesting party averring facts supporting the motion.
For contested hearings (except cases ofcontempt and family violence), a final hearing may be specially set only after the parties submit a proposed consolidated domestic relations pretrial order to the judge's chambers.
The District Attorney shall provide a quarterly report to the Judges and Court were reassigned at the District Attorney's Administrator detailing the cases that ~ere request.
The clerk shall provide a list of all the "PI" case numbers and the initial judicial assignment for each case and any reassignments of those cases, and any other report the Clerk deems relevant.
The Obligee must complete and transmit the documents and notices required to initiate wage withholding.
Court's wording
The Obligee shall initiate wage withholding by completing and transmitting all documents and notices required by OCGA § 19-6-30 et seq.; 42 USC § 666 (b) (6) (A) (ii); and the Georgia Family Support Registry.
These transfers shall be made by the transferringjudge by filing a Competency Docket Transfer Order.
The Clerk of Court shall cause the orders to be completed, by inserting the names of the parties and the case number, and to be filed with the case.
- Document
- Domestic standing order
Must include
- •Case number
Check and complete all sections concerning disputed issues.
The property list identifies all listed property and debt and includes applicable identifying facts, possessor, debt, acquisition year, and monthly payment.
Court's wording
The parties have compiled a comprehensive list of all personal property, real property, bank accounts, investments, and debt. They have listed the property with a description that includes, as applicable, identifying facts, current possessor, outstanding debt, year acquired, and monthly payment.
See completed property schedules attached as Exhibits “P-4” and “D-4.”
The pretrial order form calls for each party's proposed parenting plan to be attached and identifies each party's proposed legal and primary physical custodian.
Court's wording
1. Plaintiff proposes custody and visitation as provided in the proposed parenting plan attached as Exhibit “P-6” Plaintiff’s proposed legal custodian: Mother/ Father/ Joint. Plaintiff’s proposed primary physical custodian: Mother/ Father/ Joint. 2. Defendant proposes custody and visitation as provided in the proposed parenting plan attached as Exhibit “D-6” Defendant’s proposed legal custodian: Mother/ Father/ Joint. Defendant’s proposed primary physical custodian: Mother/ Father/ Joint.
Each party has taken the same list to establish a property schedule, which designates whether the property is subject to division, the requested disposition, and the property’s value.
The testimony of the following persons may be introduced by depositions: _______________________________________________________________________.
The form calls for each party requesting attorney's fees to state the approximate amount, costs, and legal authority.
Court's wording
1. Plaintiff requests approximately $_______________ from Defendant and costs. Legal authority: _____________________. 2. Defendant requests approximately $_______________ from Plaintiff and costs. Legal authority: _____________________.
The form calls for each party to identify special authorities relied upon concerning unusual evidentiary or other legal questions.
Court's wording
Special authorities relied upon by Plaintiff relating to peculiar evidentiary or other legal questions are as follows: _______________________________________________. Special authorities relied upon by Defendant relating to peculiar evidentiary or other legal questions are as follows: ___________________________________________.
A party submitting multiple child support worksheets must explain why there are multiple worksheets and how they differ.
Court's wording
3. If a party is submitting multiple child support worksheet, the following is an explanation of the reason for various worksheets and the differences between worksheets: ___________________________________________
1. Plaintiff proposes child support as provided in the child support worksheet attached as Exhibit “P-5” 2. Defendant proposes child support as provided in the child support worksheet attached as Exhibit “D-5”
Failure to timely supply a Domestic Relations Financial Affidavit, Child Support Worksheet(s) and Parenting Plan, as applicable, may result in the continuance of temporary hearings and sanctions being imposed upon the offending party.
The Court may, in its discretion, allow an uncontested final order upon filing the motion, supporting affidavit, settlement agreement, proposed or consent order, and prescribed attachments.
- Document
- Motion for judgment on the pleadings
Include
- •Proposed order
Court's wording
The Court may allow, in its discretion, an uncontested final order to be entered upon the filing of a Motion for Judgment on the Pleadings, the party's affidavit supporting the Motion for Judgment on the Pleadings, presentation of a Settlement Agreement, Proposed Order or Consent Order, and all attachments (Child Support Worksheet(s), Addendum, and Parenting Plan) in the form prescribed.
If a party objects to a videoconference, they may file a motion the stating the facts for warranting an in person hearing within 10 days; however, manner of conducting a hearing shall rest in the sole discretion ofthe Court.
The District Attorney may seek case reassignment in these situations by filing a request in writing in the case with the Clerk without judicial approval within sixty (60) days of the case creation, no indictment being returned, and no action having been taken by a Judge on the case.
If a party is requesting an in-person hearing, he or she should file a Motion to Conduct a Hearing In-Person; however, the manner of conducting a hearing shall rest in the sole discretion of the Court.
Beginning October 1st� ,, 2025, the Clerk shall provide to the Judges and the Court Administrator an initial report for all cases from January 1, 2025 through June 30,2025.
Filing & Service rules
Electronic Filing Rules
Covered adoption petitioners must complete fingerprint-based NCIC and GCIC background checks and submit the results electronically to the assigned judge’s office; specified prior checks and certain adoption types are exempt from a new check.
Pursuant to O.C.G.A. § 19-8-16, each Petitioner in any agency (O.C.G.A. § 19-8-4), third party (O.C.G.A. § 19-8-5), stepparent (O.C.G.A. § 19-8-6), or relative (O.C.G.A. § 19-8-7) adoption shall submit to and complete a fingerprint-based criminal background check by both the National Crime Information Center (NCIC) and Georgia Crime Information Center (GCIC) and shall cause the results to be submitted electronically to the assigned Judge’s office. However, in the event a Petitioner for third-party adoption under O.C.G.A § 19-8-5 has submitted to criminal background checks withing the 12 months immediately preceding the filing of the Petition for the purpose of completing the home study, and whose results have been included in the home study report, and which home study report has been made available to the Court, that Petitioner shall not be required to submit to a new background check. In each case in which a new fingerprint-based background check is required, the background check shall be conducted as provided by law at a Georgia Applicant Processing Service (GAPS) location. Each Petitioner or their attorney should follow the instructions listed at www.cherokeecountyga.gov/Court-Administrators-Office/Adoption. Upon receipt of the results of a background check, the Judge will review the results in camera and the Judge WILL NOT file a copy of the results upon the case record. In Petitions for the domestication of foreign adoption decrees (O.C.G.A. § 19-8-8) and in adult adoptions (O.C.G.A. § 19-8-21), no background check shall be required.
Civil cases
Page 1 | ADOPTION STANDING ORDER
Filing Timing and Cure Windows
The proposed Parenting Plan must be submitted at least five days before a hearing involving custody or parenting time.
Except when a parent seeks emergency relief for family violence, in all cases in party is required to prepare a propose d custody of a child is at issue between the parents, each to at least five (5) days prior Parenting Plan and submit it to the Court and to the opposing party ng Plan is commencement of any hearing involving custody or parenting time.
Page 4 | Parenting Plan
The Clerk must reassign an inadvertently assigned case within 60 days of its initial filing if the Judge has taken no action on it.
Current cases in which there were previously filed or have companion or related matters that are inadvertently assigned to a new Judge shall be reassigned to the proper Judge by the Clerk within sixty (60) days of the initial filing, provided no action has occurred by the Judge on the current case.
Criminal cases
Page 4 | Criminal Case Assignment Order
The District Attorney may seek case reassignment in these situations by filing a request in writing in the case with the Clerk without judicial approval within sixty (60) days of the case creation, no indictment being returned, and no action having been taken by a Judge on the case.
The District Attorney may seek case reassignment in these situations by filing a request in writing in the case with the Clerk without judicial approval within sixty (60) days of the case creation, no indictment being returned, and no action having been taken by a Judge on the case.
Criminal cases
Page 4 | Criminal Case Assignment Order
Subsequent quarterly reports are due by the 10th or the following business day for each following quarter.
The subsequent quarterly reports are due by the 10 th of each month or the following business day of each following quarter.
Criminal cases
Page 11
A party may file a motion objecting to a videoconference within 10 days; the Court retains sole discretion over how the hearing is conducted.
If a party objects to a videoconference, they may file a motion the stating the facts for warranting an in person hearing within 10 days; however, manner of conducting a hearing shall rest in the sole discretion ofthe Court.
Page 5 | Final Hearings
The District Attorney may seek reassignment under this provision within 60 days of the initial filing, provided no indictment has been returned and Judge Wallace has taken no action.
within sixty (60) days of the initial initial filing, filing, and no indictment being returned, and no action having been taken by Judge Wallace.
Criminal cases
Page 5 | CASE ASSIGNMENTS
within sixty (60) days without judicial approval.
within sixty (60) days without judicial approval.
Criminal cases
Page 5 | CASE ASSIGNMENTS
Service and Proof of Service Rules
The Rule Nisi is served on the listed parties by mail in a properly addressed envelope with adequate postage.
I hereby certify that I mailed a copy of this Rule Nisi to the parties listed below in a properly addressed envelope with adequate postage to ensure delivery to:
Civil cases
Page 2 | CERTIFICATE OF SERVICE
For family law actions served by sheriff or publication, the clerk must include the filed Addendum Order with the original and service copies and provide a copy to the filer.
Upon the filing of family law actions requiring service by sheriff or that are to served by publication, the clerk shall attach filed copies of the filed Addendum Order to the original and service copies of the action and provide a copy of the filed Addendum Order to the attorney or party filing the action.
Page 2 | IMPLEMENTING ORDER
When a family law action is filed with an acknowledgment of service, the filer is responsible for serving the defendant with a copy of the Addendum Order.
When a family law action is filed with an acknowledgment of service, the clerk will attach a copy of the filed Addendum Order to the original complaint and transmit two copies of the filed Addendum Order to the attorney or party filing the action, with instructions that he or she is responsible for serving the defendant with a copy of the Addendum Order.
Page 2 | IMPLEMENTING ORDER
In the specified contested actions, each party must serve the DRFA on the other party or parties and the Court and file a certificate of service with the clerk at least five days before a temporary hearing, mediation, or final hearing.
each party shall l complete, and serve upon the other party or parties and the Court a Domestic Relations Financia Affidavit (DRFA), and file a certificate of service of the same with the clerk at least five (5) days before any temporary hearing, mediation, or final hearing.
Page 2 | Domestic Relations Financial Affidavit
In child-support cases, each party must complete and serve the Child Support Worksheet(s) on the other party or parties and the Court at least five days before a temporary hearing, mediation, or final hearing.
In cases involving child support, each party shall complete a Child Support Worskheet(s) and serve the other party or parties and the Court at least five (5) days before any temporary hearing, mediation, or final hearing.
Page 2 | Child Support Worksheet(s) and Addendum
A copy of a mediation-waiver motion must be delivered to the opposing party.
A Motion to Waive Mediation, stating the reasons therefore must be in writing, filed with the Clerk ofSuperior Court and a copy delivered to the Judge's office and the opposing party.
Page 3 | Alternative Dispute Resolution
A copy of a seminar-waiver motion must be delivered to the opposing party.
A Motion to Waive Seminar Attendance, stating the reasons therefore must be in writing, filed with the Clerk of Superior Court and a copy delivered to the Judge's office and the opposing party.
Page 3 | Parenting Seminar
Each party must submit the proposed Parenting Plan to the opposing party at least five days before the hearing.
Except when a parent seeks emergency relief for family violence, in all cases in party is required to prepare a propose d custody of a child is at issue between the parents, each to at least five (5) days prior Parenting Plan and submit it to the Court and to the opposing party ng Plan is commencement of any hearing involving custody or parenting time.
Page 4 | Parenting Plan
Any affidavit used at a temporary hearing must be served on opposing counsel at least 24 hours before the hearing.
Any affidavit shall be served on opposing counsel at least 24 hours prior to hearing.
Page 4 | Hearings
The Obligee must serve the order and other required documents on the Obligor by one of the listed methods.
Additionally, the Obligee shall serve upon the Obligor a copy of this order and all other documents required to be served pursuant to OCGA § 19-6-30 et seq. Service on the Obligor shall be made by personal service, certified mail, statutory overnight delivery with return receipt requested, or by regular mail in accordance with the alternative service provisions of OCGA §§ 9-11-4 (j) and 19-6-33 (c).
Civil cases
Page 1 | 2. Service
The Obligee must mail a copy of the order to the Family Support Registry at the listed address.
The Obligee shall also mail a copy of this order to: Family Support Registry P.O. Box 1800 Carrollton, Georgia 30112-1800
Civil cases
Page 2 | 2. Service
The Obligor must deliver the IDO to current and future employers and monitor compliance with its withholding and payment requirements.
The Obligor is hereby ordered to perform all acts necessary for the proper withholding of the sums stated in this IDO, including delivery of the IDO to his or her employer and future employers, and to personally monitor and confirm on an ongoing basis that the payments withheld are timely and properly deducted from his or her income and forwarded as ordered, correctly identified with the above case.
Civil cases
Page 4 | 11. Duty of Obligor to Ensure Compliance
For domestic cases filed with an acknowledgment of service, the clerk must attach the order to the original complaint and give or mail two copies to the attorney or filer.
When domestic cases are filed with an acknowledgment ofservice, the clerk will attach a copy of the filed standing order to the original complaint and give or mail two copies of the filed standing order to the attorney or person filing the action, with instructions that he or she is responsible for serving the defendant with a copy of the order.
Civil cases
Page 1 | Order
For domestic actions served by the sheriff or publication, the clerk must attach the standing order to the original and service copies and give or mail a copy to the attorney or filer.
Upon the filing of domestic relations actions requiring service by the sheriff or that are to be served by publication, the clerk will attach copies of the filed standing order to the original and service copies of the action and give or mail a copy of the filed standing order to their attorney or person filing the action.
Civil cases
Page 1 | Order
If a party will not have a designated witness present, notice to opposing counsel must be given early enough for the other party to subpoena the witness or otherwise obtain the testimony.
Opposing counsel may rely on representation by the designated party that he will have a witness present unless notice to the contrary is given in sufficient time prior to trial to allow the other party to subpoena the witness or obtain his testimony by other means.
Civil cases
Page 7 | IX. Exhibits
The Obligee or IV-D agency may enforce the order by serving a Notice of Delinquency on the Obligor as provided by statute.
The Obligee or the IV-D agency* may enforce this IDO by serving a “Notice of Delinquency” on the Obligor as provided in OCGA § 19-6-32 (h).
Civil cases
Page 2 | 3. Effective Date of this Order
Filing Fees and Waivers
A $10.00 ADR fee, in addition to other legal costs, must be collected by the Clerk for each civil action or case filed in the specified Cherokee County courts.
2. The fee for providing Court-connected ADR programs in civil cases shall be $10.00, in addition to all other legal costs. 3. The sum of $10.00 shall be charged and collected in each civil action or case filed in the Superior, State, Probate and Magistrate Courts of Cherokee County by the Clerk of said courts.
Civil cases
Page 1 | Order Establishing Blue Ridge Judicial Circuit Alternative Dispute Resolution Program
The Clerk must collect the ADR fee in any civil matter docketed in the specified courts and assigned a case number, whether contested or uncontested.
4. The Clerk of the Superior, State, Probate and Magistrate Coutts shall collect such fee in any civi1 matter docketed upon the official dockets of the enumerated courts and to which a case number is assigned, whether such matter is contested or not.
Civil cases
Page 2 | Order Establishing Blue Ridge Judicial Circuit Alternative Dispute Resolution Program
Funds collected under the prior order through February 29, 2024, must be remitted to the Ninth Judicial Administrative District, while funds collected on or after March 1, 2024, must be remitted to the Blue Ridge Judicial Circuit ADR Program.
1. Any funds collected by the Clerk of the Superior, State, Probate and Magistrate Courts of Cherokee County on or before February 29, 2024, pursuant to that Order dated July 22, 2014, and filed in Superior Court Minute Book 198, Page 546, shall be remitted to the Office of Dispute Resolution for the Ninth Judicial Administrative District. On or after March 1, 2024, all such funds collected shall be remitted to the Secretary-Treasurer of the Board of Trustees for the Blue Ridge Judicial Circuit ADR Program, as set forth herein.
Civil cases
Page 1 | Order Establishing Blue Ridge Judicial Circuit Alternative Dispute Resolution Program
Beginning with funds collected on or after March 1, 2024, the Clerk must remit the collected fees monthly to the specified program treasurer by the tenth day of the following month.
4. Beginning with fund collected on or after March 1, 2024, the Clerk ofthe Superior, State, Probate and Magistrate Courts shall remit monthly, on or before the tenth day of the following month, the fees so collected to the Secretary-Treasurer of the Board of Trustees for the Blue Ridge Judicial Circuit ADR Program.
Civil cases
Page 2 | Order Establishing Blue Ridge Judicial Circuit Alternative Dispute Resolution Program
Courtesy Copy Requirements
At filing, petitioners must provide the assigned judge’s staff a copy of the adoption petition, including a blank Rule Nisi for the judge’s signature.
At the time of filing a Petition for Adoption with the Clerk of Superior Court, the Petitioner(s) is (are) responsible for providing a copy of the Petition for Adoption to the staff of the assigned Judge, including a blank Rule Nisi for the Judge’s signature.
Civil cases
Page 1 | ADOPTION STANDING ORDER
Chambers Communication Rules
Self-represented litigants must sign up for the Workshop through the Office of the Court Administration at the stated email address.
There is no cost to the Workshop, but you must sign up to attend through the Office of the Court Administration at courtadmin@bric.net.
Page 3 | ADDENDUM TO DOMESTIC STANDING ORDER
When a case being reassigned has a pending court date, the District Attorney must notify the affected judges, criminal calendar clerks, and defense attorney and seek calendaring with the appropriate judge as soon as practicable.
If a case to be reassigned in this manner has a pending Judges' calendar clerks. If court date scheduled, then the District Attorney shall notify the affected Judges, criminal calendar clerks, and defense attorney and seek to get the case calendared as soon as is practicable to the appropriate Judge.
Criminal cases
Page 5 | CASE ASSIGNMENTS
The Clerk must email the receiving judge’s judicial assistant and criminal calendar clerk about a recusal or transfer as soon as practicable.
The Clerk shall notify the receiving Judge's judicial assistant and criminal calendar clerk of the recusal or transfer via email of the new assignment or transfer as soon as is practicable.
Criminal cases
Page 6 | Special Rules
Petitioners shall be available by telephone should the assigned judge wish to hear any evidence prior to the entry of an order.
Petitioners shall be available by telephone should the assigned judge wish to hear any evidence prior to the entry of an order.
Page 1 | PETTITONS FOR TEMPORARY PROTECTIVE ORDER
Parties must sign up for the Family Law Workshop through the Office of Court Administration using the provided email address.
Parties are to sign up to attend through the Office of Court Administration at courtadmin@bric.111:t.
Page 3 | Family Law Workshop
the Judge should notify the Court Administrator of the concern.
the Judge should notify the Court Administrator of the concern.
Criminal cases
Page 6 | Special Rules