Cherokee County Superior Court, Georgia Document Filing Requirements

CRITICAL

Applies to

Parenting plan

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.

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.

CRITICAL

Applies to

Rule nisi

A party seeking a hearing must submit a Rule Nisi to the Assigned Judge's Office and provide a hearing time estimate.

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.

CRITICAL

Applies to

Final judgment and agreement

Final judgments and agreements furnished for approval or entry must comply with the cited statutes, including attaching Child Support Worksheet(s) and a Child Support Addendum to the proposed Final Judgment and Decree.

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.

CRITICAL

Applies to

Motion

A request for the referenced relief must be made by written motion filed in the action and accompanied by the requesting party’s affidavit of supporting facts.

request for such relief shall be by written motion filed in the action, accompanied Affidavit ofthe requesting party averring facts supporting the motion.

CRITICAL

Applies to

Co parenting seminar and proof of completion

Parties with minor children in a custody or parenting-time case must complete a Court-approved co-parenting seminar and submit proof of completion to the Court.

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.

CRITICALCivil cases

Applies to

Wage withholding documents and notices

The Obligee must complete and transmit the documents and notices required to initiate wage withholding.

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.

CRITICALCivil cases

Applies to

Pretrial order

The parties must summarize their contentions on each of the eight alimony factors, and an unaddressed factor may not be used at trial.

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).

CRITICAL

Applies to

Certificate of attendance

A certificate of attendance is valid for three years, and a qualifying certificate must be filed in any subsequent action.

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.

CRITICAL

Applies to

Co parenting seminar completion verification

Each party must file written verification of seminar completion with the Clerk of Superior Court.

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.

CRITICAL

Applies to

Contested final hearing

A contested final hearing, except in contempt and family-violence cases, may be specially set only after the parties submit a proposed consolidated domestic relations pretrial order to the judge’s chambers.

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.

CRITICALCriminal cases

Applies to

Quarterly report

The District Attorney must provide the judges and Court Administrator with a quarterly report detailing cases reassigned at the District Attorney’s request.

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.

CRITICAL

Applies to

Motion for temporary 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.

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.

CRITICAL

Applies to

Addendum order

The Addendum Order must be filed in every family law action in addition to the existing Domestic Standing Orders.

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.

CRITICAL

Applies to

Motion to waive mediation

A mediation waiver is discretionary and must be requested by a written motion stating the reasons, filed with the Clerk of Superior Court.

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.

CRITICAL

Applies to

Motion to waive seminar attendance

A seminar waiver request must be a written motion stating its reasons and filed with the Clerk; the Judge's office and opposing party must receive a copy, and the Judge may excuse attendance for good cause.

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.

CRITICAL

Applies to

Addendum order

Must include

case number

The clerk must complete the Addendum Order with the parties’ names and case number and file it in the case.

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.

CRITICAL

Applies to

Co parenting seminar

The Petitioner must complete the co-parenting seminar within 31 days after the Complaint is filed.

The Petitioner shall successfully complete the co-parenting seminar within thirty-one (31) days following the filing of the Complaint

CRITICALCriminal cases

Applies to

Case assignment report

The Clerk must provide the PI case numbers, their initial judicial assignments and reassignments, and any other report the Clerk deems relevant.

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.

CRITICAL

Applies to

Competency docket transfer order

The transferring judge must file a Competency Docket Transfer Order to transfer a case to the Competency Docket.

These transfers shall be made by the transferringjudge by filing a Competency Docket Transfer Order.

CRITICAL

Applies to

Domestic relations financial affidavit

Each party in a contested action involving the listed support, alimony, property, or fee matters must complete a DRFA.

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)

CRITICALCivil cases

Applies to

Pretrial order

For jury trials, the pre-trial order must include proposed jury charges and proposed verdict forms as attachments.

jury trials require the attachment of proposed jury charges and proposed verdict forms

WARNINGCivil cases

Applies to

Pretrial order

The property list identifies all listed property and debt and includes applicable identifying facts, possessor, debt, acquisition year, and monthly payment.

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.

WARNINGCriminal cases

Applies to

Case reassignment request

The District Attorney may seek reassignment by filing a written request in the case with the Clerk, without judicial approval, subject to the stated timing and case-status conditions.

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.

WARNING

Applies to

Temporary hearing submissions

The applicable Domestic Relations Financial Affidavit, Child Support Worksheet(s), and Parenting Plan must be supplied timely; failure may result in a continuance and sanctions.

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.

WARNINGCivil cases

Applies to

Pretrial order

The completed property schedules are to be attached as Exhibits P-4 and D-4.

See completed property schedules attached as Exhibits “P-4” and “D-4.”

WARNINGCivil cases

Applies to

Pretrial order

The form calls for identification of persons whose testimony may be introduced by deposition.

The testimony of the following persons may be introduced by depositions: _______________________________________________________________________.

WARNINGCivil cases

Applies to

Pretrial order

The form calls for each party requesting attorney's fees to state the approximate amount, costs, and legal authority.

1. Plaintiff requests approximately $_______________ from Defendant and costs. Legal authority: _____________________. 2. Defendant requests approximately $_______________ from Plaintiff and costs. Legal authority: _____________________.

WARNINGCivil cases

Applies to

Pretrial order

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.

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.

WARNING

Applies to

Motion for judgment on the pleadings

Must include

proposed order

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.

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.

WARNINGCivil cases

Applies to

Pretrial order

The form calls for each party to identify special authorities relied upon concerning unusual evidentiary or other legal questions.

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: ___________________________________________.

WARNING

Applies to

Motion

A party may file a motion stating facts warranting an in-person hearing within 10 days of objecting to a videoconference, but 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.

WARNINGCivil cases

Applies to

Pretrial order

A party submitting multiple child support worksheets must explain why there are multiple worksheets and how they differ.

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: ___________________________________________

WARNINGCivil cases

Applies to

Domestic standing order

Must include

case number

The clerk must complete the Domestic Standing Order with the parties’ names and case number and file it with the case.

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.

WARNINGCivil cases

Applies to

Pretrial order

Complete all sections of the pretrial order that concern disputed issues.

Check and complete all sections concerning disputed issues.

WARNINGCivil cases

Applies to

Pretrial order

The pretrial order form calls for Plaintiff's child support worksheet as Exhibit P-5 and Defendant's worksheet as Exhibit D-5.

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”

WARNING

Applies to

Motion to conduct a hearing in person

A party seeking an in-person hearing should file a Motion to Conduct a Hearing In-Person, but the Court retains sole discretion over how the hearing is conducted.

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.

WARNINGCivil cases

Applies to

Pretrial order

Each party's property schedule identifies whether each item is subject to division, its requested disposition, and its value.

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.

INFOCriminal cases

Applies to

Initial report

Beginning October 1, 2025, the Clerk must provide the Judges and Court Administrator an initial report covering cases from January 1 through June 30, 2025.

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.