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

CRITICALCivil cases

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.

CRITICAL

Applies to

Motion to waive mediation

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.

CRITICAL

Applies to

Domestic relations financial affidavit

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.

CRITICALCivil cases

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).

CRITICAL

Applies to

Motion to waive seminar attendance

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.

CRITICAL

Applies to

Addendum order

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.

CRITICAL

Applies to

Parenting plan

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.

CRITICAL

Applies to

Child support worksheet

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.

CRITICAL

Applies to

Addendum 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.

CRITICALCivil cases

Service

Mail to agency

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

CRITICAL

Deadline

24 hours

Applies to

Affidavit

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.

CRITICALCivil cases

Service

Mail to all parties

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:

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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).