Superior Court of Cobb County
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Motion, Complaint, Other Filings
Adjournments
- The parties may reschedule an ADR conference by mutual consent if they notify the neutral at least 72 hours in advance; without unanimous consent, the assigned judge must approve the rescheduling.
- The neutral must receive at least 72 business hours' notice of an ADR conference rescheduling or cancellation unless the parties, counsel, and neutral agree otherwise in writing.
Communication
Duty Judge
Phone
Clerk
Document Format Requirements15 rules
Forms filed in Cobb County Courts must be typed or printed in black ink.
You must type or print in black ink on any forms you will file in Cobb County Courts.
Every document submitted electronically through the EFSP must be filed in PDF format, including primary filings, exhibits, and other supporting documents.
b) The filer of an electronic document shall submit the document in the Portable Document Format (PDF). This includes primary documents such as complaints and petitions, supporting documents such as exhibits, and any other documents submitted to the Court through the EFSP.
Electronic documents must not be password-protected or encrypted and must not contain embedded files, scripts, tracking tags, or executable files.
e) The filer shall ensure that the electronic document is not password-protected or encrypted. The filer shall also ensure that the electronic document does not contain embedded files, scripts, tracking tags or executable files.
Handwritten signatures on scans, conformed signatures, and signatures captured through a digital interface are acceptable when an original sworn or notarized signature is not required.
b) Unless an original sworn or notarized signature is required, the following signatures are acceptable:
Every page of an electronic document must have a resolution of at least 200 DPI.
d) The filer shall ensure that the resolution of each page of the electronic document is at least 200 dots-per-inch (DPI).
A non-attorney's conformed electronic signature must follow the stated format identifying the signer, address, phone number, and email address.
3. The correct format for the conformed signature of a non-attorney is as follows: /s/ John Smith JOHN SMITH 123 East Street Plainville, Georgia 10292 Phone: 123-456-7890 Email: jsmith@example.com
An attorney's conformed electronic signature must follow the stated format identifying the attorney, bar number, representation, firm, address, phone number, and email address.
2. The correct format for the conformed signature of an attorney is as follows: /s/ Jane Doe JANE DOE Georgia Bar No. 12345 Attorney for Plaintiff Doe & Associates, LLC 678 Main Street Atlanta, Georgia 30314 Phone: 123-456-7890 Email: jdoe@example.com
Forms filed in Cobb County Courts must be typed or printed in black ink.
You must type or print in black ink on any forms you will file in Cobb County Courts.
To the extent practicable, an electronic-document filer must follow the applicable Georgia Rules of Civil Procedure formatting requirements, including page limits.
a) The filer of an electronic document shall, to the extent practicable, format the document in accordance with the applicable rules of the Georgia Rules of Civil Procedure governing formatting of paper pleadings and other documents, including page limits.
To the extent practicable, the upper-right corner of the first page of every pleading must remain free of text so it does not interfere with the Court's electronic file stamp.
f) To the extent practicable, the filer shall keep the upper right-hand corner of the first page of all pleadings clear of text so as to not interfere with the Court's electronic file stamp.
The original probation warrant must be printed on white paper and bear the “ORIGINAL” and “BLUE VOP” stamps.
The probation warrant shall be printed on white paper and stamped “ORIGINAL” and the stamp “BLUE VOP” to help distinguish them from other types of arrest warrants.
Paper
Every copy of a probation warrant must bear the “COPY” stamp.
All copies of probation warrants must be stamped “COPY.”
Forms must be typed or handwritten legibly in black ink.
Type your forms or write legibly in black ink.
Forms may be typed or must be written legibly in black ink.
Type your forms or write legibly in black ink.
The form is distributed in color-coded copies for the Clerk's Office, District Attorney, attorney, and defendant.
White – CLERK'S OFFICE Yellow – DISTRICT ATTORNEY Pink – ATTORNEY Goldenrod - DEFENDANT
Document Filing Requirements97 rules
A completed Verification form must accompany the adult name-change petition.
The Verification form must be filled out along with the Petition to Change Name of Adult.
Document Type
Verification Form
Publication is required in every adult name-change case.
Publication is required in all name change cases.
Document Type
Publication Notice
The final order on a motion for contempt must select only one of the alternatives provided in the form.
[Choose only one (1) of the following.]
Document Type
Final Order On Motion For Contempt
An electronically filed or served document is deemed signed by the appropriate signatures.
a) Every document electronically filed or served shall be deemed signed by signatures, where appropriate.
Requirement
Document requirement
When a document is separated into multiple PDFs, each PDF must begin with a Notice of Filing as its cover page.
When separating a single document into multiple PDFs, the Registered User must insert a "Notice of Filing" as the first (cover) page for each PDF.
Document Type
Notice Of Filing
A document requiring an original sworn or notarized signature must accurately reproduce the declarant's or notary public's original signature.
c) Documents for which an original sworn or notarized signature is required must include an accurate representation of the original signature(s) of the declarant or notary public.
Requirement
Document requirement
Electronic filing constitutes the filer's attestation that the document and its signatures are authentic.
d) By electronically filing a document, the filer attests that the document and signature(s) are authentic.
Requirement
Document requirement
When a probation-termination hearing is set, DCS must file the petition and place the probationer's last known address on its first page.
DCS shall file the Petition for Termination with the Clerk of Superior Court and include on the first page of the Petition the last known address of the probationer.
Document Type
Petition For Termination Of Probation
For an eligible early-termination request, DCS must submit the petition, probation-performance report, and proposed order to the assigned judge and District Attorney.
Pursuant to OCGA § 17-10-1(a)(1)(B), the Department of Community Supervision (DCS) is required to review cases that are eligible for early termination of probation supervision and submit a petition for early termination, along with a report of the probationer's performance on probation and a proposed order to the assigned Superior Court Judge and the District Attorney.
Document Type
Early Termination Request
When specified financial circumstances have changed, updated Financial Affidavit/Statement or Child Support Worksheet documents must be filed with the Clerk and served on the opposing party at least five days before the next hearing, mediation, or other ADR proceeding.
If there has been a change in your income, employment, debts, assets, or other relevant financial circumstances since you filed a previous Financial Affidavit/Statement or Child Support Worksheet, then you must file with the Clerk and serve upon the opposing Party updated versions of either or both of those documents at least 5 days before the next scheduled hearing, mediation or other alternative dispute resolution proceeding.
Document Type
Updated Financial Affidavit Or Child Support Worksheet
In cases involving child support or child custody, the Child Support Worksheet and its schedules must be filed with the Clerk at least five days before the hearing, mediation, or other ADR proceeding.
If this case involves child support or child custody, then you must file your Child Support Worksheet and the schedules thereto as required by Uniform Superior Court Rule 24.2 with the Clerk at least 5 days before the scheduled hearing, mediation or other alternative dispute resolution proceeding.
Document Type
Child Support Worksheet
At each hearing, the party must bring documents reflecting current income, including the most recent paystub, three years of state and federal income tax returns, W-2 forms, and 1099 forms.
You must bring the following documents to each hearing in this case: a) Documents reflecting your current income, including but not limited to a copy of your most recent paystub as well as state and federal income tax returns, W-2 forms, and 1099 forms from the last three years.
Document Type
Hearing Income Documents
In child-support cases, the party must bring employer or insurance documents showing insurance costs for the children and health insurance cards for the party and children; if possible, the documents should show each child's insurance cost.
If this case involves child support, documents from your employer or insurance company showing how much you pay for health, dental, and vision insurance for the children at issue and health insurance cards for yourself and the children at issue. If possible, these documents should show how much you pay for insurance for each child.
Document Type
Child Support Insurance Documents
In specified contempt or modification actions, copies of all prior orders sought to be enforced or modified must be attached to the initial pleadings.
If this case involves an action for contempt of a previous court order or an action for modification of custody, visitation, child support, or alimony, then you must attach copies of all prior orders which you seek to enforce or modify to your initial pleadings.
Document Type
Initial Pleadings
In cases involving specified financial issues, a Financial Affidavit/Statement must be filed with the Clerk at least five days before the hearing, mediation, or other ADR proceeding.
If this case involves financial issues such as child support, alimony, division of property, allocation of debt, or contempt of a court order addressing these issues, then you must file your Financial Affidavit/Statement as required by Uniform Superior Court Rule 24.2 with the Clerk at least 5 days before the scheduled hearing, mediation or other alternative dispute resolution proceeding.
Document Type
Financial Affidavit Statement
The respondent must complete the Certificate of Service form.
Step 3: Fill out the Certificate of Service form.
Document Type
Response
A District Attorney signature is required when the defendant waives arraignment before the court.
Signature of District Attorney (required if waiving before court)
Document Type
Arraignment Plea Discovery Election And Notice Of Hearing
Before the court hearing, a settlement agreement without minor children and a Domestic Relations Financial Affidavit are required when applicable, and a certificate of attendance for the Family Law Workshop is required.
Forms Needed before Court Hearing Settlement Agreement Without Minor Children (if applicable) Domestic Relations Financial Affidavit (if applicable) Certificate of Attendance for Family Law Workshop
Document Type
Pre Hearing Documents
A new divorce case requires the listed forms, including a complaint with verification, summons, case filing information form, and standing order; a poverty affidavit is required only for a person unable to pay filing fees.
Forms Needed to Start the Case Complaint for Divorce Without Minor Children, with Verification Summons Case Filing Information Form Standing Order (Issued by the Court) Poverty Affidavit (Only for those who cannot afford to pay the filing fees; See “Poverty Affidavit” Packet)
Document Type
Case Initiation Forms
The request to use a recording device must include the individual signature and identifying information for the representing person or firm and position.
_____________________________ (Individual Signature) _____________________________ (Representing/Firm) _____________________________ (Position)
Document Type
Request To Use Recording Device
A request to use a recording device must include a certification that the device, locations, and operation comply with Rule 22 and court guidelines.
The undersigned hereby certifies that the device to be used and the locations and operation of such device will be in conformity with Rule 22 and any guidelines issued by the court.
Document Type
Request To Use Recording Device
The verification must not be signed except in front of a public notary.
DO NOT SIGN THIS DOCUMENT. You may only sign this document in front of a public notary.
Document Type
Verification
Two summons forms must be completed.
Fill out two (2) Summons forms.
Document Type
Summons
A copy of the original court order must be attached to the petition for modification.
Make a copy of the original Court Order that the opposing party disobeyed, and attach it to your Petition for Modification.
Document Type
Petition For Modification Of Child Support
The Domestic Relations Financial Affidavit and required child support schedules must be filed and served on the opposing party.
The Domestic Relations Financial Affidavit (in substantially the form provided in U.S.C.R. 24.2, as amended) and child support schedules, in the form promulgated by the Georgia Child Support Commission, * shall be filed and served on the opposing party:
Document Type
Domestic Relations Financial Affidavit And Child Support Schedules
Both parties must file a Child Support Worksheet and Schedules, and file the Domestic Relations Financial Affidavit as part of the case.
Both parties must file completed Child Support Worksheets and Schedules as a part of their case in addition to the Domestic Relations Financial Affidavit.
Document Type
Child Support Case
A completed worksheet and financial affidavit must be filed with the complaint.
Uniform Superior Court Rule 24.2 (enclosed) requires that you file a completed worksheet and financial affidavit with your Complaint.
Document Type
Complaint
The pro se litigant must complete the Rule Nisi form.
Fill out the Rule Nisi form.
Document Type
Rule Nisi
The pro se litigant must complete the Verification form.
Fill out the Verification form.
Document Type
Verification Form
The pro se litigant must obtain and complete the service form from the Clerk or Sheriff’s Office.
Complete the form for Service (Must be obtained from the Clerk/Sheriff’s Office).
Document Type
Service Form
The pro se litigant must complete the Petition for Citation of Contempt.
Fill out the Petition for Citation of Contempt.
Document Type
Petition For Citation Of Contempt
For a contempt action, the Rule Nisi serves as the summons and does not require a separate summons to be attached.
Note: Most Petitions require Summons to be attached to your Petition for Service. However, for a Contempt action, the Rule Nisi serves as your summons.
Document Type
Petition For Citation Of Contempt
A copy of the court order must be attached to the Petition for Citation of Contempt.
Make a copy of your Court Order and attach it to the Petition for Citation of Contempt.
Document Type
Petition For Citation Of Contempt
Each parent must attend a four-hour Co-Parenting Seminar, which costs $50 per person.
The Co-Parenting Seminar is a four-hour required seminar. Each parent must take this class, which costs $50 per person.
Document Type
Co Parenting Seminar
A complaint must be accompanied by a completed child support worksheet and financial affidavit.
Uniform Superior Court Rule 24.2 (enclosed) requires that you file a completed worksheet and financial affidavit with your complaint.
Document Type
Complaint With Child Support Worksheet And Financial Affidavit
Both parents must file a Child Support Worksheet and Schedule.
Both parents are required to file a Child Support Worksheet and Schedule.
Document Type
Child Support Worksheet And Schedule
Both parties must file completed Child Support Worksheets and Schedules.
Both parties must file completed Child Support Worksheets and Schedules as a part of their case in addition to the Domestic Relations Financial Affidavit.
Document Type
Child Support Worksheet And Schedules
The Child Support Worksheet, Schedule E, and any other applicable schedules must be attached to and made part of the Addendum.
Attachments – The Child Support Worksheet and Schedule E are attached and made a part of this Addendum, along with any other applicable schedules.
Document Type
Child Support Addendum
The Child Support Addendum must be completed and attached to all final orders and judgments determining child support, but not to orders on contempt motions.
Instructions: All parts of this Addendum must be completed and it must be attached to all Final Orders and Judgments determining the amount of child support. However, it is not required for Orders on Contempt motions.
Document Type
Child Support Addendum
Complete the petition and verification, include an acknowledgement if applicable, and provide the optional affidavit.
Step 2: Fill out the Petition to Correct Birth Certificate, Verification, Acknowledgement (if applicable), and Affidavit (optional).
Document Type
Petition Forms
Required forms must be signed before a notary public where notarization is necessary.
Sign the forms in front of a Notary Public where necessary.
Document Type
Petition Forms
The final order must be filed and a certified copy obtained.
Step 9: File the Final Order and get a certified copy of it.
Document Type
Final Order
A summons must be completed.
Step 3: Fill out Summons.
Document Type
Summons
The Sheriff’s Entry of Service must be completed.
Step 4: Fill out the Sheriff’s Entry of Service.
Document Type
Sheriffs Entry Of Service
The petitioner must attend court as directed by the Rule Nisi form and bring a copy of the Final Order Form.
Step 8: Come to the Court on the date and time indicated on the Rule Nisi form. Bring a copy of the Final Order Form
Document Type
Final Order Form
If multiple parents or guardians acknowledge service, one acknowledgment must be submitted for each person.
If more than one parent or guardian will acknowledge service you will need to submit one acknowledgment for each person.
Document Type
Petition
A signed acknowledgment form must be included with the court paperwork when the parent or guardian has signed it.
If the parent or guardian has signed the Acknowledgment form provided in this packet, include it with the paperwork you submit to the Court.
Document Type
Petition
The petition must be accompanied by at least one of the listed supporting documents.
Check at least one of the following.
Document Type
Petition
The supporting affidavit must be included with the court paperwork.
In the fourth blank, fill in the name of the parent completing the supporting affidavit. Include the affidavit with the paperwork you submit to the court.
Document Type
Petition
The Acknowledgement Form waives personal service on the minor child’s parents or legal guardians and must be completed by the petitioner and signed by the parents or legal guardians.
This document waives the requirement of personal service on the minor child’s parent(s) or legal guardian(s) and should be filled out by the Petitioner and signed by the minor child’s parent(s) or legal guardian(s).
Document Type
Acknowledgement Form
The Verification Form must be completed as part of the petition process.
Step 2(b): Complete the Verification Form
Document Type
Verification Form
The Verification Form must not be signed except before a public notary.
DO NOT SIGN THIS DOCUMENT. You may only sign this document in front of a public notary. Public notaries are available at banks, the post office, grocery stores, or the Cobb County Superior Court Clerk’s Office.
Document Type
Verification Form
The Acknowledgement Form must be completed when applicable.
Step 2(c): Complete the Acknowledgement Form (if applicable)
Document Type
Acknowledgement Form
The Acknowledgement Form must not be signed except before a public notary by the minor child’s parent or legal guardian.
DO NOT SIGN THIS DOCUMENT. The minor child’s parent or legal guardian may only sign this document in front of a public notary.
Document Type
Acknowledgement Form
Copies of documents described in paragraph 4 of the affidavit must be included with the papers submitted to the court.
Include copies of the documents included in paragraph 4 with the paperwork you submit to the court.
Document Type
Affidavit
Filing & Service rules
Electronic Filing Rules
On and after October 1, 2018, attorneys filing pleadings and related documents in qualifying civil actions must file electronically through the Court's electronic filing service provider.
Pursuant to Uniform Superior Court Rule (USCR) 1.2 and the authority given to Superior Courts under OCGA § 15-6-11(b)(3)(B) to advance the effective date of the mandatory electronic filing provisions codified in OCGA § 15-6-11, it is HEREBY ORDERED that, on and after October 1, 2018, all pleadings and any other documents related thereto filed by an attorney to initiate a civil action, or in a civil action that was initiated on or after October 1, 2018, in the Superior Court of Cobb County, shall be filed by electronic means through the Court's electronic filing service provider in accordance with the rules governing electronic filing herein and pursuant to OCGA § 15-6-11.
Page 12 | 7. STANDING ORDER MANDATING AND GOVERNING ELECTRONIC FILING FOR CIVIL CASES
All documents in civil cases must be electronically filed and electronically served, subject to specified exceptions; the Clerk generally may not accept paper filings except from self-represented individuals.
All documents in all civil cases must be electronically filed and electronically served pursuant to this Order and the rules contained herein, except documents filed in connection with adoption proceedings, documents filed under seal or presented to a court in camera or ex parte, documents filed in open court, or documents to which access is otherwise restricted by law or court order. Except as otherwise set out herein, the Clerk shall not accept or file any pleadings or documents in paper form except from self-represented individuals.
Page 12 | 1. Designation of Cases Permitted for Electronic Filing
Self-represented litigants may elect electronic filing but are not required to do so because the Court must continue accepting their paper filings.
a) Self-represented litigants may but are not required to, E-File. b) The Court shall continue to accept filings from self-represented litigants via paper, whether delivered to the Court in person or through means such as the U.S. Mail, overnight delivery, etc.
Page 15 | 7. Self-Represented Litigants
The Clerk must electronically accept and file all documents, including official court reporter transcripts, in restricted or sealed First Offender or Conditional Discharge cases without an additional court order, while continuing to preclude public access.
Therefore, the Clerk of Superior Court is HEREBY ORDERED to electronically accept and file documents, including transcripts from an official court reporter, in any case which has been restricted or sealed pursuant to the First Offender Act or Conditional Discharge statute. It is FURTHER ORDERED that no additional court order shall be required to e-file or directly file documents, including transcripts from an official court reporter, in any such case. This Order shall not relieve the Clerk of Superior Court from its obligation to preclude public access to any such restricted or sealed case.
Page 43 | 35. ORDER AUTHORIZING COURT REPORTER TO FILE TRANSCRIPT INTO FIRST OFFENDER AND CONDITIONAL DISCHARGE RESTRICTED OR "SEALED" CASES
The original worksheet and schedules must be filed with the Superior Court Clerk’s Office.
The original worksheet and schedules are filed with the Superior Court Clerk’s Office.
Page 7 | Important Points about Worksheets and Schedules
The original Child Support Worksheet and Schedules must be filed with the Superior Court Clerk’s Office.
The original worksheet and schedules are filed with the Superior Court Clerk’s Office.
Page 1 | Important Points about Worksheets and Schedules
Attorneys of record may submit executed orders through the EFSP only if the assigned judge permits that submission.
Attorneys of record may submit executed orders through the EFSP if permitted to do so by the judge assigned to the case.
Page 17 | # 12. Filing and Service of Executed Orders by Attorneys
Petitions filed through the TPO Office may be electronically filed through the EFSP no more than twice daily during weekday operating hours.
a) No more than twice daily during weekday operating hours, petition(s) filed through the TPO Office may be electronically filed via the EFSP.
Page 17 | # 11. E-Filing Protective Order Petitions
An electronically filed and entered court document bearing a judge's signature has the same effect as one bearing the judge's handwritten signature.
An order or other Court-issued document bearing the signature of a judge filed electronically and entered by a Judge, Clerk of Court, Deputy Clerk, or Court personnel per the order of a judge shall have the same force and effect as if the document contained the handwritten signature of the judge.
Page 20 | 19. Electronic Filing and Service of Orders and Other Papers
A proposed worksheet and accompanying schedules may be submitted electronically under Rule 24.2, but the submission must also be filed with the Clerk of Court.
Any party who intends to submit a proposed worksheet and the accompanying schedules to the Court electronically shall do so in accordance with Rule 24.2, as amended, and shall provide the opposing party a copy of the submission, either electronically or by printed copy. Electronic submission is not a substitute for filing with the Clerk of Court.
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
The public may electronically file documents and access electronically filed documents through a Public Access Terminal.
The public may E-File, research, download, view or print electronically filed documents on a PAT.
Page 14 | 6. Public Access Terminal
Filers may submit filings through the EFSP at any time.
a) Filers may submit filings through the EFSP 24 hours a day, seven days a week.
Page 19 | 17. Time for Filing and Effect of Use of E-File
Superior Court documents may be filed directly with the clerk or, when eligible, online through peachcourt.com.
The Superior Court Clerk of Cobb County handles documents that are filed into Superior Court cases. You may file documents directly with the clerk’s office. Also, you may file some documents online at https://peachcourt.com/.
Page 3 | FREQUENTLY ASKED QUESTIONS
A self-represented litigant may file documents directly with the clerk or may file some documents online through PeachCourt.
The Superior Court Clerk of Cobb County handles documents that are filed into Superior Court cases. You may file documents directly with the clerk’s office. Also, you may file some documents online at https://peachcourt.com/.
Page 3 | FREQUENTLY ASKED QUESTIONS
A party may file documents directly with the clerk’s office or may file some documents online through PeachCourt.
You may file documents directly with the clerk’s office. Also, you may file some documents online at https://peachcourt.com/.
Page 3 | FREQUENTLY ASKED QUESTIONS
Filing Timing and Cure Windows
The clerk cannot complete the case filing until a judge signs the order approving the Poverty Affidavit.
A judge must sign the Order approving the Poverty Affidavit, before the filing of your case can be completed by the Clerk’s Office staff.
Page 4 | STEP 3: FILING
An electronic document rejected after Clerk review does not become an official court record and does not receive an electronic stamp.
b) Following a review by the Clerk, rejected documents do not become an official document of record with the Court and do not receive an electronic stamp.
Page 16 | 10. Filing Date and Time of E-Filed Documents
After the Clerk accepts an electronic document, it becomes an official court record and is electronically stamped with the date and time the EFSP received it.
a) Following a review by the Clerk, accepted documents become an official document of record with the Court and receive an electronic stamp with the date and time at which the document was received by the EFSP.
Page 16 | 10. Filing Date and Time of E-Filed Documents
After receiving notice of the electronic filing, the Clerk's Office must review the protective-order petition for acceptance or rejection immediately and no later than 30 minutes after notice.
d) Following such notification, the Clerk's Office shall immediately, and in no case later than 30 minutes after notice, review the petition(s) for acceptance and so accept or reject instanter consistent with the provision of this Order.
Page 17 | # 11. E-Filing Protective Order Petitions
Electronically filed protective-order petitions must be filed no later than 30 minutes before a scheduled ex parte protective-order hearing.
b) If electronically filed, such petition(s) shall be e-filed no later than 30 minutes prior to any scheduled ex parte protective order hearing.
Page 17 | # 11. E-Filing Protective Order Petitions
Electronic filing does not change applicable filing deadlines.
e) E-Filing a document does not alter any filing deadlines.
Page 17 | # 10.
A resubmitted filing becomes an official court record when accepted by the Clerk, and its electronic stamp reflects the resubmission and EFSP receipt date and time rather than the original submission date and time.
d) Following the resubmission of a rejected filing and review by the Clerk, accepted documents become an official document of record with the Court and receive an electronic stamp. In the situation of a resubmission, the electronic stamp will reflect the date and time at which the document was resubmitted and received by the EFSP, not the date and time of the original submission.
Page 17 | # 10.
This section does not expand or contract the time allowed for a reply under Georgia law.
f) The calculation of time for reply under Georgia law is neither expanded nor contracted by this section.
Page 17 | # 10.
If the Clerk rejects an electronically filed document, the filer must file a motion with the Court to dispute the rejection.
c) If a document is rejected by the Clerk, the EFSP will notify the filer via email with the Clerk's reason for rejection. If the filing party wishes to dispute the rejection, they need to do so by filing a motion with the Court.
Page 17 | # 10.
A document submitted after 11:59 PM EST is deemed filed on the next court day.
Any document filed after 11:59 PM EST shall be deemed filed on the next court day.
Page 19 | 17. Time for Filing and Effect of Use of E-File
An electronically filed pleading is considered filed when the EFSP receives it.
b) Pursuant to USCR 36.16(D), any pleading filed electronically shall be considered filed when it is received by the EFSP.
Page 19 | 17. Time for Filing and Effect of Use of E-File
Filed warrants must be entered, scanned, indexed, and made available in the case management system within three business days.
Filed warrants shall be entered, scanned, indexed and available for viewing in the case management system within three (3) business days.
Page 38
A respondent has 30 days from receipt of the Petition to respond to the allegations.
You have 30 days from the date you receive the Petition to respond to the allegations contained in the Petition.
Page 1 | How to File a Response to a Petition for Citation of Contempt
A divorce defendant should file an Answer or Answer and Counterclaim within 30 days after service.
If you are the Defendant in a divorce, meaning that your spouse filed the divorce, you should file an Answer or an Answer and Counterclaim within 30 days of when you were served.
Page 4 | FREQUENTLY ASKED QUESTIONS
The financial affidavit and child support schedules must be filed at least five days before court-ordered mediation.
(b) at least five (5) days prior to any court-ordered mediation; or
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
Both parties must submit their proposed child support worksheets at the time of the hearing.
Both parties shall submit their proposed worksheets pursuant to O.C.G.A. § 19-6-15, as amended, at the time of the hearing.
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
When no temporary award is sought and the parties do not mediate, the financial affidavit and schedules must be filed with the Answer or within 30 days after service of the Complaint, whichever occurs first.
(c) either with the Answer or 30 days after service of the Complaint, whichever first occurs, if no application for a temporary award is made and the parties do not attend mediation.
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
The financial affidavit and child support schedules must be filed at least five days before a temporary hearing.
(a) at least five (5) days prior to any temporary hearing;
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
A defendant in a divorce case should file an Answer or an Answer and Counterclaim within 30 days after being served.
If you are the Defendant in a divorce, meaning that your spouse filed the divorce, you should file an Answer or an Answer and Counterclaim within 30 days of when you were served.
Page 4 | FREQUENTLY ASKED QUESTIONS
A final hearing must be scheduled with a Rule Nisi form after the required waiting period.
Step 7: Wait the required time, then schedule a final hearing using a Rule Nisi form.
Page 1 | Basic Steps of This Process
The Clerk must complete all processing needed to update and publicly display case information within five business days after receiving a change-of-address form or notice, regardless of its title.
Therefore, the Clerk of Superior Court is HEREBY ORDERED to file, enter, index, scan, and complete all other related processing needed to update (and make available for public viewing) case information data within five (5) business days of receiving any change of address form used by the Clerk's office or any other change of address notice from an attorney or party, however it may be titled.
Page 5 | 3. STANDING ORDER REQUIRING EXPEDITIOUS PROCESSING OF ANY FORMS CHANGING THE ADDRESS OF RECORD FOR ANY PARTY OR ATTORNEY
The Clerk must complete all processing needed to update and publicly display case information within five business days after receiving an entry of appearance, attorney-appointment notice, or equivalent filing.
Therefore, the Clerk of Superior Court is HEREBY ORDERED to file, enter, index, scan, and complete all other related processing needed to update (and make available for public viewing) case information data within five (5) business days of receiving any entry of appearance, notice of attorney-appointment, or their equivalent (such as the filing of motions or other pleadings).
Page 6 | 4. STANDING ORDER REQUIRING EXPEDITIOUS PROCESSING OF ENTRY OF APPEARANCE OF ATTORNEY AND/OR ATTORNEY APPOINTMENT NOTICES FROM CIRCUIT DEFENDER OFFICE
A filer seeking relief for a system filing error must file a motion at the earliest available opportunity.
A filer wishing to seek relief related to a system filing error may do so by filing motion for appropriate relief with the Court at the earliest available opportunity.
Page 19 | 17. Time for Filing and Effect of Use of E-File
A party affected by a system filing error may receive nunc pro tunc relief or an extension to respond.
Pursuant to USCR 36.16(F), "system filing errors," if electronic filing or service is prevented or delayed because of a failure of the electronic filing system, a court will enter appropriate relief such as the allowance of filings nunc pro tunc or the provision of extensions to respond.
Page 19 | 17. Time for Filing and Effect of Use of E-File
The Election Judge may accept a complaint or other pleading filed after 5:00 p.m. without the Clerk of Court.
The Election Judge is authorized to accept the filing of a complaint or other pleading after 5:00 pm without a Clerk of Court pursuant to OCGA § 9-11-5(e).
Page 27 | Contact Information for the Election Night Judge
The ADR process is held and its completion time is tolled while any of the listed motions or notices is pending after filing.
E. The ADR Process, through the court ADR program, shall be put on hold upon the filing of any of the following motions: motion for summary judgement, motion for partial summary judgement, motion to enforce an agreement or prenuptial agreement, motion to enforce jurisdiction or venue, motion for judgment on the pleadings, notice of bankruptcy, suggestions of death, motion to dismiss, or a motion to continue mediation. The time for completing ADR shall be tolled while such motion is pending.
Page 57 | ADR process hold and tolling
Service and Proof of Service Rules
Immediately after electronically filing protective-order petitions, a TPO Office representative must notify the Clerk of Court or designee of the filing.
c) Immediately following the electronic filing of said petition(s), a TPO Office representative shall notify the Clerk of Court of her/his designee of the electronic filing of the petition(s).
Page 17 | # 11. E-Filing Protective Order Petitions
For calculating response time, a document served while the court is closed is deemed served when the court next opens for business.
b) For the purpose of computing time to respond to documents received via E-Service, any document served on a day or at a time when the Court is not open for business shall be deemed served at the time of next day the Court is open for business.
Page 18 | # 14. Time to Respond or Act
Except where the Order provides otherwise, parties must electronically serve subsequent electronic documents on other parties through the EFSP, which delivers all electronically filed and electronically served documents to parties or designated counsel.
b) Except as otherwise set forth in this Order, all parties shall make electronic service upon other parties of subsequent electronic Documents through the EFSP. The EFSP shall be the vehicle through which all parties, or their designated counsel, shall receive all E-Filed and E-Served Documents.
Page 18 | # 13. Electronic Service
Electronic service through the EFSP is valid and effective service with the legal effect of conventional paper service, and recipients receive an email containing the electronic document or a hyperlink to it.
c) The electronic service of an electronic document through the EFSP shall be considered as valid and effective service and shall have the legal effect as an original paper document sent via conventional means, U.S. mail and/or hand delivery. Recipients of electronic service shall receive an email notification of service, which contains an electronic image of the served electronic document or a hyperlink to the electronic image of the served E-document.
Page 18 | # 13. Electronic Service
Electronic service is complete when transmission to the EFSP finishes, as shown by the authorized date and time on the electronic transmittal.
a) E-Service shall be deemed complete when the transmission to the EFSP is completed as reflected by the authorized date and time appearing on the electronic transmittal.
Page 18 | # 14. Time to Respond or Act
Parties must serve other parties with original petitions and original complaints by personal service or another means acceptable under the Civil Practice Act of Georgia.
a) All parties shall make service upon other parties of Original Petitions and Original Complaints conventionally (i.e., personal service or other means acceptable by the Civil Practice Act of Georgia).
Page 18 | # 13. Electronic Service
The Clerk must mail notice of the arraignment date, time, and place to all defendants, attorneys of record, and bondsmen at least two weeks before arraignment.
The Clerk of this Court shall give notice of the date, time, and place of the arraignment to all defendants, attorneys of record, and bondsmen via United States Mail by depositing such notice with the U.S. mail, with sufficient postage, at least two (2) weeks prior to the date set for arraignment.
Page 35 | 30. STANDING ORDER REGARDING ARRAIGNMENT PROCEDURE
After arresting the probationer, CCSO must serve the probationer with a paper copy of the probation warrant upon booking in the Cobb County Adult Detention Center.
CCSO shall execute the probation warrant by arresting the probationer, and upon the probationer's booking in the Cobb County Adult Detention Center (CCADC), a deputy sheriff shall serve the probationer with a paper copy of the probation warrant with a rule
Page 36 | 31. STANDING ORDER REGARDING PROCEDURES FOR THE EXECUTION OF PROBATION VIOLATION WARRANTS AND PETITIONS FOR REVOCATION
The deputy sheriff must record service on the reverse side of the probation warrant.
The deputy sheriff making such service shall indicate entry of service on the reverse side of the probation warrant.
Page 37
The Clerk of Superior Court or assigned judge must schedule the case on the assigned judge’s probation revocation calendar and send hearing notice to the probationer’s last known DCS address and any other known address where the probationer may be found.
The Clerk of Superior Court (or the assigned judge) shall schedule the case on one of the assigned judge's probation revocation calendars and shall send notice of the hearing to the last known address of the probationer as provided by the DCS, as well as any other address the Clerk of Superior Court is aware of where the probationer may be found (e.g., a change of address form submitted by the probationer to the Clerk's Office).
Page 41 | When the District Attorney Objects and Requests a Hearing or the Court Sua Sponte Sets the Case for a Hearing
The District Attorney must notify the crime victims necessary for the probation-termination case.
The District Attorney shall notify any crime victims that are necessary for the case.
Page 42 | When the District Attorney Objects and Requests a Hearing or the Court Sua Sponte Sets the Case for a Hearing
Mail one copy of the completed forms to the petitioner at the address stated on the Certificate of Service.
Mail the Petitioner one copy of the completed forms to the address you filled out on the Certificate of Service.
Page 3 | Step 6: Mail Completed Forms
The signer certifies that the document was personally served on the District Attorney that day.
I have this day personally served this document upon the District Attorney.
Page 1 | HEARING NOTICE – MUST APPEAR
For a new divorce case, the filer must choose one of the listed service methods: sheriff service, private process server service, acknowledged service, or service by publication.
Options for Service (Choose One) Entry of Service by the Sheriff's Office (Filed by Sheriff’s Office) Entry of Service by a Private Process Server (Filed by the Process Server) Acknowledgement of Service OR Acknowledgment of Service for Uncontested Divorce (Signed/Notarized by the Defendant/Spouse) Service by Publication (See “Service by Publication” Packet)
Page 2 | FREQUENTLY ASKED QUESTIONS
The plaintiff must serve the defendant before the divorce case may proceed.
Before a divorce case can proceed, the Plaintiff must serve the Defendant as required by law.
Page 3 | FREQUENTLY ASKED QUESTIONS
A copy must be taken to the Sheriff’s Office for service on the opposing party, and a service fee must be paid according to the Sheriff’s Office schedule.
Take one copy of the document package to the Sheriff’s Office so that the Sheriff can serve it upon the opposing party. You will have to pay a service fee. Check with the Sheriff’s Office for the schedule fee.
Page 4 | Step 8: Filing
The financial affidavit and child support schedules must be served on the opposing party at least five days before court-ordered mediation.
(b) at least five (5) days prior to any court-ordered mediation; or
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
The financial affidavit and child support schedules must be served on the opposing party at least five days before a temporary hearing.
(a) at least five (5) days prior to any temporary hearing;
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
The required financial affidavit and child support schedules must be served on the opposing party.
The Domestic Relations Financial Affidavit (in substantially the form provided in U.S.C.R. 24.2, as amended) and child support schedules, in the form promulgated by the Georgia Child Support Commission, * shall be filed and served on the opposing party:
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
A party submitting a proposed worksheet and schedules electronically must provide the opposing party a copy of the submission electronically or as a printed copy.
shall provide the opposing party a copy of the submission, either electronically or by printed copy.
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
The parties must exchange amendments to the financial affidavit and child support schedules at least ten days before the final hearing.
Both parties shall exchange any amendments at least ten (10) days prior to a final hearing.
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
When no temporary award is sought and the parties do not mediate, the financial affidavit and schedules must be served with the Answer or within 30 days after service of the Complaint, whichever occurs first.
(c) either with the Answer or 30 days after service of the Complaint, whichever first occurs, if no application for a temporary award is made and the parties do not attend mediation.
Page 6 | NOTICE OF CHILD SUPPORT REQUIREMENTS
The petition must be served on the opposing party either by the Sheriff or by personal service when the Respondent will sign an Acknowledgement of Service.
The Petition for Citation of Contempt must be served on the opposing party. You can either have the Sheriff serve the papers, or you may personally serve the papers if the Respondent is willing to sign an Acknowledgement of Service form.
Page 4 | Step 4: Service
Personal service is permitted if the Respondent is willing to sign an Acknowledgement of Service form.
You can either have the Sheriff serve the papers, or you may personally serve the papers if the Respondent is willing to sign an Acknowledgement of Service form.
Page 4 | Step 4: Service
The Obligee must initiate wage withholding by completing and transmitting all documents and notices required by the cited statutes and the Georgia Family Support Registry.
The Obligee shall be responsible for initiating the wage withholding by completing and transmitting all documents and notices required by O.C.G.A. § 19-6-30 et seq., 42 USC 666(b)(6)(A)(ii), and the Georgia Family Support Registry.
Page 1 | 2. Service
The Obligee must also mail a copy of the order to the Family Support Registry at the stated address.
A copy of this Order shall also be mailed by the Obligee to: Family Support Registry P.O. Box 1800 Carrollton, Georgia 30112-1800
Page 1 | 2. Service
The Obligee must serve the Obligor with this order and required later papers by personal service, certified mail, statutory overnight delivery with return receipt requested, or regular mail under the cited alternative-service provisions.
Additionally, a copy of this order and all further papers required to be served pursuant to O.C.G.A. §19-6-30, et seq., shall be served by the Obligee upon the Obligor by personal service, certified mail or statutory overnight delivery, return receipt requested, or by regular mail in accordance with the alternative service provisions of O.C.G.A. §§ 9-11-4(j) and 19-6-33(b).
Page 1 | 2. Service
The clerk must publish the notice and mail the notice, order for publication, and complaint, if any, to the defendant.
I hereby certify that notice in the Manner and form prescribed in the foregoing Order was published, and that I have enclosed, directed, stamped and mailed a copy of the said notice together with a copy of the Order for Service by Publication and Complaint (if any), to the above-named defendant.
Page 1 | RETURN OF SERVICE
Service on the respondent must be made by publication as provided by law.
IT IS HEREBY CONSIDERED, ORDERED AND DECREED THAT: Service be made by publication as provided by law.
Page 1 | ORDER OF PUBLICATION
Service by publication is perfected by publishing notice in the county legal organ and mailing the notice, publication order, and complaint, if any, to the respondent's last known address.
It appearing to the Court that service upon the above-named party has been perfected by publication of notice on the above-stated dates in the legal organ of this County, and by enclosing, directing, stamping and mailing a copy of the notice together with a copy of the order for Publication and the Complaint (if any) to said respondent at his or her last known address
Page 1 | ORDER PERFECTING SERVICE
The Sheriff must serve the State Registrar and the Commissioner of the Georgia Department of Human Resources.
Arrange for the Sheriff to serve the State Registrar at the Office of Vital Records and the Commissioner of the Georgia Department of Human Resources.
Page 1 | Basic Steps of This Process
When filing for a minor child, the child’s parents or guardians must be served unless they have signed an acknowledgment of service.
Additionally, if you are filing this petition on behalf of a minor child, you will need to serve the parent(s) or guardian(s) of the minor child unless they have signed an acknowledgment of service.
Page 1 | Basic Steps of This Process
A copy of the petition must be served on the Department of Vital Records.
The State Registrar of the Department of Vital Records and the Commissioner for the Georgia Department of Human Resources are entitled to notice of your Petition. You will need to serve a copy of this Petition on the Department of Vital Records. (See Step 4)
Page 5 | Detailed, Step-by-Step Instructions
Service must be made on the Commissioner of the Georgia Department of Human Resources at the stated address.
Service must be made on the Commissioner of the Georgia Department of Human Resources at Suite 29-250, 2 Peachtree St. NW, Atlanta, GA 30303-3142.
Page 8 | Step 4: Sheriff’s Entry of Service
One Sheriff’s Entry of Service must be obtained for the Commissioner of the Georgia Department of Human Resources.
Obtain one Sheriff’s Entry of Service for the Commissioner of the Georgia Department of Human Resources.
Page 8 | Step 4: Sheriff’s Entry of Service
Service must be arranged for the Georgia Department of Human Resources and the State Registrar of the Department of Vital Records.
Arrange for Service on the Georgia Department of Human Resources and the State Registrar of the Department of Vital Records.
Page 9 | Step 6: Filing
Service must be made on the State Registrar at the Department of Vital Records at the specified address.
Service must also be made on the State Registrar at the Department of Vital Records at 1680 Phoenix Blvd., Suite 100, Atlanta, GA 30349.
Page 9 | Detailed, Step-by-Step Instructions
Any other parent or legal guardian must be served unless that person signs an Acknowledgment of Service.
Additionally, you will also need to have any other parent or legal guardian served, unless she or he signs an Acknowledgment of Service.
Page 9 | Detailed, Step-by-Step Instructions
Before the Legitimation case proceeds, the petitioner must serve the respondent as required by law.
Before a Legitimation case can proceed, the Petitioner must serve the Respondent as required by law.
Page 4 | FREQUENTLY ASKED QUESTIONS
Service must be arranged for all parents and guardians unless they have signed the Consent and Acknowledgment form.
Arrange for service on all parents and guardians (if any), unless they have signed the Consent and Acknowledgment form.
Page 2 | BASIC STEPS FOR NAME CHANGE OF MINOR CHILDREN
If a parent or guardian will not sign the consent and acknowledgment form, the petition must identify the planned service method in boxes (b), (c), and (d).
If they are not going to sign the Consent & Acknowledgment form, you must check the boxes in (b), (c), and (d) of this final section of the Petition, showing how you plan to have each parent and guardian served.
Page 4 | Final Paragraph: Request for Relief and for Service on Parents and Guardians
Box (b) must be checked when a parent or non-parent guardian is to be served by the sheriff.
Check box b if you need to have the sheriff serve either a parent or a person acting as a guardian. This is the type of service required in most cases.
Page 4 | Service by Sheriff
Certified mail may be used to serve a parent or guardian only when that person lives outside Georgia.
Check box c if you will serve a parent or guardian by certified mail. You can only use this method of service for people who live outside the State of Georgia.
Page 4 | Out-of-State Service
Living parents and any non-parent guardian with whom the children live must be properly served with the petition.
In all name change cases, if the parents are alive, they must be properly served with the Petition. If the children live with someone acting as guardian who is not their parent, then the person acting as guardian must also be served.
Page 4 | Final Paragraph: Request for Relief and for Service on Parents and Guardians
Notice publication is mandatory in every name-change case, including when all parents and guardians have consented and acknowledged service.
Publication is required in all name change cases, even if all parents and guardians have consented and acknowledged service.
Page 8 | STEP 5: PUBLICATION OF NOTICE
For a person serviceable in Cobb County, the filer may leave a service copy and payment with the clerk, which will forward them to the Sheriff’s Department for service.
If the parent or guardian can be served in Cobb County, then the Cobb County Sheriff’s Department can serve the papers. You may pay the service fee at the Clerk’s Office when you file the case, and leave the service copy of the papers with the clerk. The clerk will forward your payment and legal documents to the Sheriff’s Department for service.
Page 8 | Service by Sheriff’s Department
Filing Fees and Waivers
A low-income filer may request waiver of the court filing fee by filing the Poverty Affidavit and approval-order forms, but the publication fee remains payable and the case filing cannot be completed until a judge approves the request.
If you have a low income and feel that you cannot afford to pay these fees, you can ask the Court to waive the court filing fee (but not the publication fee). To do this, you should file a Poverty Affidavit and Order on Poverty Affidavit forms along with your other forms that you have taken to the Clerk’s Office. A judge must sign the Order approving the Poverty Affidavit, before the filing of your case can be completed by the Clerk’s Office staff. If the judge signs the order of approval, your filing fee is waived and the case will proceed. If the judge does not approve your Poverty Affidavit, you must pay all fees before your case will proceed.
Page 4 | STEP 3: FILING
A court filing fee is required for an adult name-change action, with the exact amount available from the clerk’s office.
There is a court filing fee for a name change action (the exact amount can be obtained from the Clerk’s Office).
Page 4 | STEP 3: FILING
A separate publication fee is required and must be paid separately from the court filing fee by cash, check, or money order.
You will also have to pay a separate fee for The Marietta Daily Journal to publish the notice of name change. These fees can be paid by cash, check, or money order. Be sure to bring a form of payment with you to the Clerk’s Office, and remember that the two fees will have to be paid separately.
Page 4 | STEP 3: FILING
At filing, provide the clerk with the Notice and publication-fee payment by check or money order payable to The Marietta Daily Journal; the clerk forwards both to the publisher.
While filing your case at the Clerk’s Office, give the clerk the Notice and payment for the publication fee (check or money order) made out to The Marietta Daily Journal. The Clerk will forward the Notice and payment to The Marietta Daily Journal.
Page 5 | STEP 4: PUBLICATION OF NOTICE
For cases initiated after October 1, 2018, each e-filing transaction after a party's tenth filing in the case incurs a $5 fee.
ii. A volume E-Filing transaction fee of $5.00 per transaction for each E-File Transaction after the tenth filing on behalf of a given case party in a given case.
Page 19 | 18. Payment of Filing Fees
Registered users must electronically pay statutory filing fees through the EFSP when filing an e-filed document.
a) Registered Users shall pay statutory filing fees for E-Filed documents electronically to the Court through the EFSP. Filing fees are due and payable at the time of filing.
Page 19 | 18. Payment of Filing Fees
For cases initiated after October 1, 2018, credit-card and bank-drafting transactions carry a recoverable convenience fee not exceeding 3.5 percent plus 30 cents per transaction.
iii. A convenience fee for credit card and bank drafting services, which shall not exceed 3.5 percent plus 30¢ per transaction.
Page 19 | 18. Payment of Filing Fees
For cases initiated after October 1, 2018, the first electronic filing by a party from a non-PAT computer incurs a one-time $30 transaction fee.
i. A one-time per-party transaction fee of $30.00 for electronically filing on behalf of a case party for the first time from a non-PAT computer.
Page 19 | 18. Payment of Filing Fees
A $5.00 law library fee is required for each case filed in any Cobb County or Cobb Judicial Circuit court, except in municipal court cases.
The Council of Superior Court Judges for the Cobb Judicial Circuit hereby orders that the filing fee for each case filed in any court of this county or circuit (except for cases filed in any municipal court) shall, pursuant to OCGA § 36-15-9, include a library fee of $5.00 per case to fund the Cobb County Law Library.
Page 32 | 20. STANDING ORDER ESTABLISHING LAW LIBRARY FEES
The Cobb County Superior Court clerk must collect a $10.00 filing fee when a civil matter is filed.
When any civil matter is filed in the Cobb County Superior Court, the clerk of such court shall collect $10.00 at the time of filing.
Page 64 | 16. FUNDING AND ADMINISTRATION
The Cobb County Probate Court clerk must collect a $5.00 filing fee when an estate case is filed.
when any estate case is filed in the Cobb County Probate Court, the clerk of such court shall collect $5.00 at the time of filing
Page 64 | 16. FUNDING AND ADMINISTRATION
The Cobb County Magistrate Court clerk must collect a $7.50 filing fee when a civil matter is filed for docketing.
When any civil matter is filed for docketing upon the official docket of the Cobb County Magistrate Court, the clerk of such court shall collect $7.50 at the time of filing
Page 64 | 16. FUNDING AND ADMINISTRATION
Contested cases must be referred to the Alternative Dispute Resolution Office for mediation, for which fees apply.
The Court requires contested cases be referred to the Alternative Dispute Resolution Office for mediation. Fees apply.
Page 1 | ADDITIONAL COURT REQUIREMENTS
Filing and service fees must be paid at the Clerk’s Office when filing the original documents.
Step 6: File the original documents with the Clerk of Court and pay filing fees and service fees in the Clerk’s Office.
Page 1 | Basic Steps of This Process
A $49.00 court-ordered probation fee must be paid at each visit by money order or credit/debit card; cash and personal checks are not accepted.
You must bring your court ordered probation fee amount ($49.00) on each visit. This payment must be paid by money order or credit/debit card only. NO CASH OR PERSONAL CHECKS WILL BE ACCEPTED.
Page 1 | EMERGENCY CONTACT
A low-income filer may request waiver of the court filing fee by filing the poverty forms and obtaining judicial approval, but the publication fee is not waivable and all fees are due if approval is denied.
If you have a low income and feel that you cannot afford to pay these fees, you can ask the Court to waive the court filing fee (but not the publication fee). To do this, you should file Poverty Affidavit and Order on Poverty Affidavit forms along with your other forms that you have taken to the Clerk’s Office. A judge must sign the Order approving the Poverty Affidavit, before the filing of your case can be completed by the Clerk’s Office staff. If the judge signs the order of approval, your filing fee is waived and the case will proceed. If the judge does not approve your Poverty Affidavit, you must pay all fees before you case will proceed.
Page 7 | STEP 4: FILING
A separate publication fee must be paid to The Marietta Daily Journal.
You will also have to pay a separate fee for The Marietta Daily Journal to publish the notice of name change.
Page 7 | STEP 4: FILING
A filing fee is required for a name-change action, but the exact amount must be obtained from the clerk’s office.
There is a court filing fee for a name change action (the exact amount can be obtained from the Clerk’s Office).
Page 7 | STEP 4: FILING
The filing and publication fees may be paid by cash, check, or money order, but the two fees must be paid separately.
These fees can be paid by cash, check, or money order. Be sure to bring a form of payment with you to the Clerk’s Office, and remember that the two fees will have to be paid separately.
Page 7 | STEP 4: FILING
After filing the publication forms and obtaining court permission, the petitioner must pay the $80.00 publication cost at the Clerk’s Office.
After you file the forms and if the Court grants permission, the judge will then sign an Order of Publication. You will need to pay the cost of publication ($80.00) at the Clerk’s Office.
Page 9 | Service by Publication
A fee is required for the certified copy of the final order.
There will be a fee for the certified copy.
Page 6 | STEP 7: FILE FINAL ORDER
Registered Users filing through a Public Access Terminal are exempt from electronic-filing transaction fees but must pay standard court fees.
Registered Users shall not be required to pay E-Filing transaction fees when filing from a PAT. Registered Users shall be required to pay standard court fees when filing from a PAT.
Page 14 | 6. Public Access Terminal
An indigent person unable to afford mediation fees may ask the ADR Office to apply for a fee waiver.
If you are indigent and cannot afford the fees for mediation, you may ask the ADR Office to apply for a fee waiver.
Page 2 | FREQUENTLY ASKED QUESTIONS
An indigent person unable to afford the divorce filing fee may submit a Poverty Affidavit requesting a court fee waiver.
If you are indigent and cannot afford the fee to file the divorce case, you may use the “Poverty Affidavit” packet to request that the Court waive the fee.
Page 2 | FREQUENTLY ASKED QUESTIONS
The petitioner must file the original documents with the Clerk of Court and pay both filing and service fees at the Clerk’s Office.
File the original documents with the Clerk of Court and pay filing fees and service fees in the Clerk’s Office.
Page 2 | BASIC STEPS OF THIS PROCESS
A filing fee may be required for filing the document package.
You may be required to pay a filing fee.
Page 4 | Step 8: Filing
A service fee must be paid to the Sheriff’s Office, with the applicable fee available from that office.
You will have to pay a service fee. Check with the Sheriff’s Office for the schedule fee.
Page 4 | Step 7: Filing
Contested cases must be referred to the Alternative Dispute Resolution Office for mediation, which carries a fee.
The Court requires contested cases be referred to the Alternative Dispute Resolution Office for mediation. Fees apply.
Page 1 | ADDITIONAL COURT REQUIREMENTS
A filer unable to afford filing fees may submit a Poverty Affidavit to seek a filing-fee waiver.
Poverty Affidavit (Only for those who cannot afford to pay the filing fees; See “Poverty Affidavit” Packet)
Page 2 | FREQUENTLY ASKED QUESTIONS
A filing fee may be required when filing the document package.
You may be required to pay a filing fee.
Page 9 | Step 6: Filing
A certified copy of the Final Order must be requested, and a charge applies.
Request a certified copy of the Final Order. You will be charged for a certified copy.
Page 10 | Step 9: File the Final Order and Get a Certified Copy
Payments for fines, restitution, and fees owed to Cobb County must be made at the Cobb County Superior Court Clerk's office or through www.CobbCountyPayments.com.
All payments to cover fines, restitution, and fees to Cobb County are to be paid at the Cobb County Superior Court Clerk's office OR by going to www.CobbCountyPayments.com.
Page 1 | EMERGENCY CONTACT
A criminal defendant certified as indigent by the Circuit Defender or Court may use the certification as a pauper's affidavit and is not charged for Clerk of Superior Court services, including post-conviction services.
In all criminal cases in Superior Court in which the defendant has been certified as indigent by the Circuit Defender or the Court, the defendant shall be treated in the same manner as in civil cases filed by indigent persons and governed by OCGA § 15-6-77. A certification of indigency shall serve as a pauper's affidavit, thereby eliminating any costs associated with the services of the Clerk of Superior Court, including services association with post- conviction matters.
Page 48 | 38. Prohibiting Charges to Indigent Defendants and Their Attorneys by the Clerk
Attorneys in good standing on the Circuit Defender's panel receive the same electronic case-management access as the District Attorney's Office and pay no access charge for documents in appointed cases.
All attorneys in good standing on the Circuit Defender's panel shall have identical access to the Clerk's electronic case management system as the District Attorney's office. No attorney in good standing on the Circuit Defender's panel shall be charged any cost for access to documents filed into the Clerk's electronic case management system in appointed cases.
Page 48 | 38. Prohibiting Charges to Indigent Defendants and Their Attorneys by the Clerk
An indigent litigant may ask the ADR Office to apply for a waiver of mediation and Co-Parenting Seminar fees.
If you are indigent and cannot afford the fees for mediation or the Co-Parenting Seminar, you may ask the ADR Office to apply for a fee waiver.
Page 3 | FREQUENTLY ASKED QUESTIONS
An indigent litigant may request a waiver of the divorce filing fee by submitting the Poverty Affidavit packet.
If you are indigent and cannot afford the fee to file the divorce case, you may use the “Poverty Affidavit” packet to request that the Court waive the fee.
Page 3 | FREQUENTLY ASKED QUESTIONS
An indigent party may ask the ADR Office to apply for a fee waiver for mediation or the Co-Parenting Seminar.
If you are indigent and cannot afford the fees for mediation or the Co-Parenting Seminar, you may ask the ADR Office to apply for a fee waiver.
Page 3 | FREQUENTLY ASKED QUESTIONS
An indigent party may submit a Poverty Affidavit packet to request a waiver of the divorce filing fee.
If you are indigent and cannot afford the fee to file the divorce case, you may use the “Poverty Affidavit” packet to request that the Court waive the fee.
Page 3 | FREQUENTLY ASKED QUESTIONS
Courtesy Copy Requirements
Courtesy copies of all election-related motions, complaints, and other filings must be emailed to the Election Judge.
Courtesy copies of all motions, complaints, or other filings related to the election shall be emailed to the Election Judge using this email address.
Page 27 | Contact Information for the Election Night Judge
Parties may electronically deliver courtesy copies to the assigned judge, and the judge may require them at the judge's discretion.
Parties may elect to electronically deliver courtesy copies of documents to the judge assigned to the case or may be required to do so in the judge's discretion.
Page 18 | # 15. Courtesy Copies to the Court
Sealing & Redaction Procedures
Evidence used in a criminal or civil hearing or trial to support an alleged violation of OCGA § 16-12-100, et seq. is not open to public inspection except by court order.
d. Any evidence used as an exhibit in a criminal or civil hearing or trial to show or support an alleged violation of OCGA § 16-12-100, et seq., or any evidence which is encompassed by the provisions of OCGA § 16-12-100, et seq., shall not be open to public inspection except by court order.
Page 9 | Standing Order Regarding Evidence
If a judge permits inspection of evidence governed by OCGA § 16-12-100, et seq., the evidence may not be photographed, copied, or reproduced by any means.
If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means.
Page 9 | Standing Order Regarding Evidence
Exhibits tendered as evidence in a criminal or civil trial may not be publicly inspected without approval from the assigned judge.
Pursuant to OCGA § 50-18-72(c)(1), exhibits tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case.
Page 9 | Standing Order Regarding Evidence
Before submitting a filing, the filer must use an affirmative EFSP notation to confirm compliance with OCGA § 9-11-7.1 and USCR 36.17 concerning redaction of confidential information.
e) Prior to the submission of a filing to the Court, the filer must confirm via an affirmative notation recorded by the EFSP that he/she has complied with OCGA § 9-11-7.1 and USCR 36.17 regarding the redaction of confidential information from the pleadings being submitted.
Page 16 | 9. Electronic Signatures of Attorneys and Parties
Documents filed or brought to court must redact all but the last four digits of social security, taxpayer identification, and financial account numbers, and must redact dates of birth so that only the birth year remains visible.
If any documents that you plan to file or bring to court contain social security numbers, taxpayer identification numbers or financial account numbers, you must redact those numbers by marking out all but the last four digits. Additionally, any documents containing a date of birth must be redacted so that only the year of birth is visible.
Page 53 | Domestic Relations Standing Order, Paragraph 10(c)
Filing Bundling Requirements
The filing documents must be assembled in the stated order.
Put the documents in the following order: Petition; Copy of the Original Court Order for Child Support; Verification; Rule Nisi
Page 4 | Step 7: Putting the Documents in Order
Two copies of the complete document package must be made, with summonses attached as specified.
Make two (2) copies of all documents in the package. Attach a Summons to your original papers. Attach another Summons to one of your copies along with the Sheriff’s Entry of Service.
Page 4 | Step 7: Putting the Documents in Order
File one complete paper-clipped set of the forms for the court and retain a second complete set for the filer’s records.
Then, make one copy of each of the forms for your records. Separate the copies into sets – one for the court and one for you. Each set should have one copy of each form. Clip each set with a paperclip.
Page 4 | STEP 2: COPYING
Exhibits and supporting materials may be bundled with the main document as one PDF, but a Registered User faced with a technical limitation may separate them into multiple PDFs.
c) Exhibits to an electronic document may be attached to the main document and filed as a single PDF. In the event that the Registered User encounters a technical limitation that prevents exhibits and supporting materials to be attached to the main document as a single PDF, the Registered User may separate the materials into multiple PDFs for electronic filing.
Page 15 | 8. Document Format
The filing package must be assembled in the specified order: Sheriff’s Entry of Service, Petition, copy of the pre-existing Court Order, Verification, and Rule Nisi.
Put the documents in the following order: o Sheriff’s Entry of Service o Petition o Copy of the pre-existing Court Order that was disobeyed o Verification o Rule Nisi
Page 4 | Step 6: Putting the Documents in Order
Adjournment & Extension Requirements
The parties may reschedule an ADR conference by mutual consent if they notify the neutral at least 72 hours in advance; without unanimous consent, the assigned judge must approve the rescheduling.
D. The parties may change the date and time of the ADR conference provided that it is by consent of both parties and that they notify the neutral at least 72 hours in advance of the scheduled ADR conference. Absent consent of all parties, rescheduling may only occur with approval of the assigned judge.
Page 57 | ADR conference rescheduling
The neutral must receive at least 72 business hours' notice of an ADR conference rescheduling or cancellation unless the parties, counsel, and neutral agree otherwise in writing.
The neutral must be notified at least 72 business hours before the ADR conference of any rescheduling or cancellations unless otherwise agreed to in writing by the parties, counsel and the neutral.
Page 62 | # 12. COMMUNICATIONS WITH THE COURT
Chambers Communication Rules
The Election Judge’s staff must check the election email frequently from 7:00 A.M. to 10:00 P.M. on election day and forward communications received during regular courthouse business hours to the appropriate parties, including the Presiding Judge.
The Election Judge or a member of his or her staff shall ensure this email address is checked frequently between the hours of 7:00 A.M. and 10:00 P.M. on the date of the election and any email communications forwarded to the appropriate parties, including the Presiding Judge, if the communication is received during regular courthouse business hours.
Page 27 | Contact Information for the Election Night Judge
Contact the assigned judge’s calendar clerk to schedule the final hearing.
Contact the calendar clerk for the judge assigned to your case. Schedule your final hearing.
Page 6 | STEP 6: FINAL HEARING
Any necessary communication between the Court and a neutral must be in writing, routed through the court ADR program, and copied to each party and the party's attorney.
If any communication between the Court and a neutral is necessary, the communication shall be in writing and shall be made through the court program. Copies of any written communication with the Court shall be given to each party and the party's attorney.
Page 62 | # 12. COMMUNICATIONS WITH THE COURT
After an ADR conference is scheduled, court ADR program contact with the Court about the case is limited to specified ADR-related subjects.
Once an ADR conference is scheduled in a given case, contact between the court ADR program and the Court concerning that case shall be limited to the following:
Page 62 | # 12. COMMUNICATIONS WITH THE COURT
Contact the calendar clerk to schedule the final hearing before the hearing.
Contact the calendar clerk for the judge assigned to your case, and schedule your final hearing.
Page 10 | STEP 8: FINAL HEARING
Ask the clerk for the assigned judge’s name and the calendar clerk’s phone number.
Ask the clerk which judge has been assigned to the case, and get the name and phone number of that judge’s calendar clerk.
Page 5 | STEP 4: PUBLICATION OF NOTICE
Between 7:00 A.M. and 10:00 P.M. on election day, the Election Judge may be contacted by email for election-related issues and hearing requests.
Between the hours of 7:00 A.M and 10:00 P.M. on the date of the election, the Election Judge may be contacted by email at CobbElectionJudge@cobbcounty.gov regarding any issues related to the election, including requests for hearing.
Page 27 | Contact Information for the Election Night Judge
The Election Judge may provide a personal cell phone number in addition to the election email address.
The Election Judge may also provide their personal cell phone number in addition to the email address provided herein.
Page 27 | Contact Information for the Election Night Judge
The Superior Court Clerk's Office is located at 70 Haynes Street in Marietta, Georgia, and may be contacted by phone or through its website.
The Superior Court Clerk of Cobb County is located on the first floor at 70 Haynes Street, Marietta, GA 30090. The phone number is 770-528-1300, and the website is www.cobbsuperiorcourtclerk.com/.
Page 3 | FREQUENTLY ASKED QUESTIONS
To obtain a hearing date, contact either the clerk's office or the assigned judge's office, noting that scheduling practices vary by judge.
To get a hearing scheduled, contact the clerk’s office or the office of the Judge assigned to your case. Every Judge handles scheduling differently.
Page 3 | FREQUENTLY ASKED QUESTIONS
To schedule a hearing, contact the clerk’s office or the office of the judge assigned to the case.
To get a hearing scheduled, contact the clerk’s office or the office of the Judge assigned to your case.
Page 3 | FREQUENTLY ASKED QUESTIONS