Superior Court of Cobb County Filing Timing and Cure Windows

Electronic filing does not change applicable filing deadlines.

e) E-Filing a document does not alter any filing deadlines.

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.

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.

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.

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.

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.

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;

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

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.

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.

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.

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.

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.

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.

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.

Deadline

30 hours

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.

Deadline

30 hours

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.

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.

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.

Deadline

3 business days

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.

Deadline

5 business days

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.

Deadline

5 business days

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).

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.

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.

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).

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.