Judge Brian E. Lake
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
All Motions
Courtesy copies
Leave Of Absence
- At Least 30 Days Before Scheduled Leave
Adjournments
- A party that fails to appear at a Pretrial Calendar without leave may be placed directly on the Trial Calendar, and a continuance will not be granted absent good cause.
- The parties may agree to a one-time continuance from the first Pretrial Calendar if it is not for delay and will not prejudice either party; further continuances require a motion and a showing of good cause.
- A party seeking an extension should specifically explain the unforeseen circumstances requiring it and provide a timetable for completing the affected tasks.
- +7 more
Request must include
Communication
Chambers
Chambers, Clerk
Chambers
Chambers
Chambers
Page & Word Limits9 rules
Unless advance permission is obtained, a motion may not exceed 20 pages, excluding the specified supporting materials.
Absent advance permission, no Party may file a Motion exceeding twenty (20) pages, excluding any table of contents, affidavits, deposition extracts, and other relevant exhibits.
Motion
20 pages
Replies, sur-replies, and supplemental briefs generally must not exceed 10 pages unless good cause and prior authorization are provided.
Unless good cause is shown and prior authorization given, such briefs may not exceed ten (10) pages.
Reply Brief
10 pages
Response briefs may not exceed 20 pages, excluding the specified supporting materials.
Response briefs similarly may not exceed twenty (20) pages, excluding any table of contents, affidavits, transcript extracts, and other relevant exhibits.
Response Brief
20 pages
Unless the party shows good cause and obtains prior authorization, a reply, sur-reply, or supplemental brief may not exceed 10 pages.
Unless good cause is shown and prior authorization given, such briefs may not exceed 10 pages.
Reply Brief
10 pages
Sur Reply
10 pages
Supplemental Brief
10 pages
Without advance permission, a motion may not exceed 20 pages, excluding tables of contents, affidavits, deposition extracts, and other relevant exhibits.
Absent advance permission, no Party may file a Motion exceeding 20 pages, excluding any table of contents, affidavits, deposition extracts, and other relevant exhibits.
Motion
20 pages
A response brief may not exceed 20 pages, excluding tables of contents, affidavits, deposition extracts, and other relevant exhibits.
Response briefs similarly may not exceed 20 pages, excluding any table of contents, affidavits, deposition extracts, and other relevant exhibits.
Opposition
20 pages
Response briefs may not exceed 20 pages, excluding tables of contents, affidavits, deposition extracts, and relevant exhibits.
Response briefs similarly may not exceed 20 pages, excluding any table of contents, affidavits, deposition extracts, and other relevant exhibits.
Response Brief
20 pages
Absent advance permission, motions may not exceed 20 pages, excluding tables of contents, affidavits, deposition extracts, and relevant exhibits.
Absent advance permission, no Party may file a Motion exceeding 20 pages, excluding any table of contents, affidavits, deposition extracts, and other relevant exhibits.
Motion
20 pages
Replies, sur-replies, and supplemental briefs are generally discouraged, require prior Court authorization, and may not exceed 10 pages without a showing of good cause and authorization.
Briefs beyond the original Motion and Response are generally discouraged. Parties seeking to file replies, sur-replies, or supplemental briefs of any kind must seek prior authorization by the Court, which may be requested by e-mail. Unless good cause is shown and prior authorization given, such briefs may not exceed 10 pages.
Reply Brief
10 pages
Document Format Requirements14 rules
Noncompliant filings and filings exceeding the page limits without court permission may be stricken from the record.
Documents filed not in compliance with these instructions, or exceeding the above page limits without permission from the Court, may be stricken from the record.
Motions, proposed orders, and other court submissions must use at least double spacing, one-inch margins, and a standard font of at least 12 points, except block quotations and footnotes are exempt from the spacing requirement.
All Motions, proposed orders, and other submissions to the Court shall be printed or typed with not less than double-spacing between the lines, except in block quotations or footnotes. Margins shall be no less than one inch at the top, bottom and sides. The type size shall not be smaller than 12 points in a standard font (Georgia, Times New Roman, etc.).
Motions, proposed orders, and other court submissions must use at least double line spacing, except for block quotations and footnotes.
All Motions, proposed orders, and other submissions to the Court shall be printed or typed with not less than double-spacing between the lines, except in block quotations or footnotes.
Court submissions must have at least one-inch margins on all sides and use a standard font no smaller than 12 points.
Margins shall be no less than one inch at the top, bottom and sides. The type size shall not be smaller than 12 points in a standard font (Times New Roman, Courier, Georgia, etc.).
The consolidated pretrial order must follow the form prescribed by Uniform Superior Court Rule 7.2.
The CPTO shall be presented in the form prescribed by Rule 7.2 of the Uniform Rules of the Superior Court.
All motions, proposed orders, and other court submissions must use at least double spacing except in block quotations and footnotes, have margins of at least one inch, and use standard-font type no smaller than 12 points.
All Motions, proposed orders, and other submissions to the Court shall be printed or typed with not less than double-spacing between the lines, except in block quotations or footnotes. Margins shall be no less than one inch at the top, bottom and sides. The type size shall not be smaller than 12 points in a standard font (Times New Roman, Courier, Georgia, etc.).
Documents such as proposed orders that are emailed for Judge Lake's signature should be submitted in DOCX format.
Documents emailed for Judge Lake's signature (proposed orders, etc.) should be sent in Microsoft Word format.
DOCX
Motions and other pleadings emailed for the Court's review should be submitted in PDF format.
Documents emailed for the Court's review (Motions and other pleadings) should be sent in .PDF format.
Documents emailed for the Court’s review, including motions and other pleadings, should be sent in PDF format.
Documents emailed for the Court’s review (Motions and other pleadings) should be sent in .PDF format.
Documents emailed for Judge Lake’s signature, including proposed orders, should be sent in Microsoft Word format.
Documents emailed for Judge Lake’s signature (proposed orders, etc.) should be sent in Microsoft Word format.
Proposed orders should be emailed directly to Ms. Warner in Microsoft Word format.
As stated above, all proposed orders should be submitted electronically via email directly to Ms. Warner in Microsoft Word format.
DOCX
Proposed orders and similar documents emailed for Judge Lake’s signature should be submitted in Microsoft Word format.
Documents emailed for Judge Lake’s signature (proposed orders, etc.) should be sent in Microsoft Word format.
DOCX
Motions and other pleadings emailed for court review should be submitted in PDF format.
Documents emailed for the Court’s review (Motions and other pleadings) should be sent in .PDF format.
Proposed orders should be emailed directly to Ms. Warner in Microsoft Word format.
As stated above, all proposed orders should be submitted electronically via email directly to Ms. Warner in Microsoft Word format.
DOCX
Document Filing Requirements34 rules
Every attorney, including Assistant District Attorneys and Assistant Public Defenders, must file an Entry of Appearance.
Every Attorney, including Assistant District Attorneys and Assistant Public Defenders, must file an Entry of Appearance so the record correctly shows who is prosecuting and defending the case.
Document Type
Entry Of Appearance
A party relying on expert testimony must provide written notice containing a meaningful summary of the testimony and the expert’s qualifications.
Any Party seeking to rely on expert testimony at trial (or any evidentiary hearing) must provide written notice to the Opposing Party. This notice must include a meaningful summary of the expert’s testimony as well as his or her qualifications to serve as an expert witness.
Document Type
Expert Notice
Only sufficiently particularized motions will be considered; generalized, omnibus, or placeholder motions must not be filed and will be denied if filed.
Only those Motions sufficiently particularized as to provide legal notice to the Opposing Party will be considered by the Court. Generalized, omnibus, or “placeholder” Motions are not to be filed, and if filed will be denied and disregarded as vague, dilatory, and in violation of this Order.
Document Type
Motion
Parties are invited to submit proposed orders for ripe dispositive motions; after a bench ruling, the prevailing party must submit a written proposed order, and the court may require competing orders after a hearing if it takes the motion under advisement.
Once a dispositive Motion is ripe for adjudication, the Parties are invited to submit proposed orders for the Court’s review. If a hearing is held and an order is made from the bench, the prevailing Party shall submit a proposed written order in accordance with the Court’s ruling. If a hearing is held and the Motion is taken under advisement, the Court may order the Parties to submit competing proposed orders.
Document Type
Proposed Order
All motions in limine must also be filed with the Clerk of Court.
All Motions must also be filed with the Clerk of Court.
Document Type
Motion In Limine
A list of all potential witnesses must be provided for the Court’s use during voir dire, and it may list only names and applicable titles or positions.
ii. A list of all potential witnesses. This witness list is for the Court’s use during voir dire and need not list anything more than the witnesses’ names and any applicable title or position.
Document Type
Potential Witness List
All parties must submit proposed jury charges, including charges for the particular offenses alleged in the indictment.
iv. Proposed Jury Charges. The Parties must submit all proposed requests to charge, including the charges of the particular offense(s) alleged in the indictment.
Document Type
Proposed Jury Charges
For non-pattern or modified pattern charges, the parties must submit the full charge text and supporting legal authority.
For non-pattern or modified pattern charges, the Parties are required to submit the full text and cite the case law, statute, or other authority supporting such requested charge.
Document Type
Proposed Jury Charges
A party intending to introduce trial exhibits must provide the required exhibit-list copies before jury selection.
Any Party that intends to introduce exhibits during trial shall provide two hard copies of an exhibit list to the Court (one to the judge and one to the court reporter) and one copy to each Opposing Party prior to jury selection.
Document Type
Trial Exhibit List
Stipulations must be written, attorney-signed, and presented outside the jury’s presence, and an oral stipulation requires the Court’s prior permission.
All stipulations must be made in writing, signed by the Attorneys, and presented to the Court outside the presence of the jury. No Counsel should offer to enter into a stipulation orally before the jury, unless prior permission is granted by the Court.
Document Type
Stipulation
All requests for relief must be made by motion and properly filed with the clerk’s office.
All requests for relief must be made pursuant to Motion and properly filed with the Clerk’s office.
Document Type
Motion
A party requesting an extension of the discovery deadlines must submit a proposed Revised Scheduling Order containing all proposed extensions and stating whether prior extension requests were granted.
In the event an extension to the discovery deadline(s) established in this Order is requested, the moving Party shall submit a proposed Revised Scheduling Order, which must include all proposed deadline extensions as well as a statement indicating whether the Court has previously granted extension requests.
Document Type
Proposed Scheduling Order
Any request for a hearing must include a time announcement for the anticipated oral argument.
Parties must provide a time announcement for their anticipated oral argument when making any request for a hearing.
Document Type
Hearing Request
After a bench ruling, the prevailing party must submit a proposed written order reflecting the Court’s ruling.
If a hearing is held and an order is made from the bench, the prevailing Party shall submit a proposed written order in accordance with the Court’s ruling.
Document Type
Proposed Order
For every non-dispositive motion, including discovery and ministerial motions, the moving party must submit a proposed order.
For all non-dispositive Motions, including discovery Motions and ministerial Motions, the moving party must submit a proposed order for the Court’s review.
Document Type
Proposed Order
A party may not submit only its individual portion of the pretrial order without written certification detailing its good-faith efforts to submit a fully consolidated order.
No Party may submit their own individual portions of the pre-trial order to the Court without written certification detailing their good-faith efforts to present the Court with a fully consolidated order.
Document Type
Pretrial Order
Requests for relief must be made by motion and properly filed with the clerk’s office.
All requests for relief must be made pursuant to Motion and properly filed with the Clerk’s office.
Document Type
Motion
For every non-dispositive motion, including discovery and ministerial motions, the moving party must submit a proposed order.
For all non-dispositive Motions, including discovery Motions and ministerial Motions, the moving party must submit a proposed order for the Court’s review.
Document Type
Proposed Order
After a bench ruling at a hearing, the prevailing party must submit a proposed written order conforming to the Court’s ruling.
If a hearing is held and an order is made from the bench, the prevailing Party shall submit a proposed written order in accordance with the Court’s ruling.
Document Type
Proposed Order
The consolidated pre-trial order must follow the form prescribed by Uniform Superior Court Rule 7.2.
The CPTO shall be presented in the form prescribed by Rule 7.2 of the Uniform Rules of the Superior Court.
Document Type
Consolidated Pretrial Order
A party seeking a jury trial must demand one in its portion of the consolidated pre-trial order, and failure to do so waives the right to a jury trial and a final hearing before the court.
Parties seeking a jury trial must make such demand in their respective portion of the CPTO. A failure to make such demand will waive your right to a jury trial and a final hearing before the Court.
Document Type
Pretrial Order
A party may not submit an individual pre-trial-order portion to the court without written certification detailing its good-faith efforts to present a fully consolidated order.
No Party may submit their own individual portions of the pre-trial order to the Court without written certification detailing their good-faith efforts to present the Court with a fully consolidated order.
Document Type
Individual Pretrial Order Portion
A contested case may not be scheduled for a final hearing or trial unless a consolidated pre-trial order has been submitted.
No contested case shall be scheduled for a final hearing or trial without the submission of a CPTO.
Document Type
Contested Case Final Hearing Or Trial
In cases involving minor children, the parties must exchange and file an updated financial affidavit, proposed child-support worksheet, proposed child-support addendum, and proposed parenting plan one week before trial.
If the case involves minor children, the Parties SHALL exchange and file with the Court an updated Domestic Relations Financial Affidavit, a proposed Child Support Worksheet, proposed Child Support Addendum and proposed Parenting Plan one week prior to trial, pursuant to U.S.C.R. 24.2.
Document Type
Domestic Relations Financial Affidavit
All supporting documentation for the required child- and financial-support documents must be available for review at trial.
All supporting documentation for the above shall be available for review at trial.
Document Type
Supporting Documentation
Replies, sur-replies, and supplemental briefs are generally discouraged and require prior court authorization, which may be requested by email.
Briefs beyond the original Motion and Response are generally discouraged. Parties seeking to file replies, sur-replies, or supplemental briefs of any kind must seek prior authorization by the Court, which may be requested by e-mail.
Document Type
Reply Brief
For pattern charges, a party may submit only the pattern charge number and need not submit the charge text.
For pattern charges, each Party may submit only the pattern charge number and not the text of the charge itself.
Document Type
Proposed Jury Charges
Proposed orders on motions for summary judgment should include detailed findings of fact and conclusions of law.
Proposed orders on Motions for Summary Judgment should include detailed findings of facts and conclusions of law which the Court may adapt as appropriate.
Document Type
Proposed Order
Noncompliant filings or filings exceeding the stated page limits without Court permission may be stricken from the record.
Documents filed not in compliance with these instructions, or exceeding the above page limits without permission from the Court, may be stricken from the record.
Document Type
Brief
The opposing party is permitted, but not required, to submit a proposed order for a non-dispositive motion.
The opposing party may, but is not required to, submit a proposed order for the Court’s review.
Document Type
Proposed Order
Parties are invited, but not required by this provision, to submit proposed orders once a dispositive motion is ripe for adjudication.
Once a dispositive Motion is ripe for adjudication, the Parties are invited to submit proposed orders for the Court’s review.
Document Type
Proposed Order
After a hearing and when a motion is taken under advisement, the Court may order the parties to submit competing proposed orders.
If a hearing is held and the Motion is taken under advisement, the Court may order the Parties to submit competing proposed orders.
Document Type
Proposed Order
The opposing party may submit a proposed order but is not required to do so.
The opposing party may, but is not required to, submit a proposed order for the Court’s review.
Document Type
Proposed Order
Proposed orders on motions for summary judgment should include detailed findings of fact and conclusions of law.
Proposed orders on Motions for Summary Judgment should include detailed findings of facts and conclusions of law which the Court may adapt as appropriate.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
Electronic filing is mandatory for criminal cases in DeKalb County Superior Court.
E-filing is now mandatory for criminal cases filed in DeKalb County Superior Court.
Page 1 | II. E-FILING
Every attorney of record must register with the court's electronic filing system.
Every Attorney of record must register with the Court's e-filing system.
Page 1 | II. E-FILING
For trials beginning Monday or Tuesday, required pretrial submissions must be emailed to opposing counsel and the court by 5:00 PM the preceding Thursday; for trials beginning Wednesday or Thursday, they are due no later than three business days before trial.
Once a case is scheduled for Trial, the Parties are required to serve on opposing Counsel by email and submit by email to the Court’s Criminal Litigation Manager Griselle Rivera (grdavis1@dekalbcountyga.gov) and Staff Attorney Denise Warner (dmwarner@dekalbcountyga.gov) the following items no later than close of business (5:00 PM) the preceding Thursday, if the Trial is to begin on a Monday or Tuesday, OR not later than three (3) business days if the Trial is to begin on a Wednesday, Thursday,
Page 8 | VIII. Trials
Every attorney of record and every pro se litigant must register with the Court’s e-filing system.
Every attorney of record and every pro se litigant must register with the Court’s e-filing system.
Page 2 | II. E-FILING
Electronic filing is mandatory for civil cases in DeKalb County Superior Court.
E-filing is now mandatory for civil cases filed in DeKalb County Superior Court.
Page 2 | II. E-FILING
Every attorney of record and every pro se litigant must register with the court’s e-filing system.
Every attorney of record and every pro se litigant must register with the Court’s e-filing system.
Page 1 | II. E-FILING
Electronic filing is mandatory for civil cases in DeKalb County Superior Court.
E-filing is now mandatory for civil cases filed in DeKalb County Superior Court.
Page 1 | II. E-FILING
Unless the court orders otherwise, the parties must both electronically file and email a fully consolidated pre-trial order no later than 45 days after discovery closes or 15 days after ruling on dispositive motions, whichever is later.
Unless otherwise ordered by the Court, no later than 45 days after the close of discovery or 15 days after the Court’s ruling on any dispositive Motions, whichever is later, the Parties shall both e-file and submit, by email, a fully consolidated pre-trial order (“CPTO”) to Ms. Warner at the email address stated above.
Page 9 | VIII. PRETRIAL ORDERS
Electronic copies of pleadings are preferred.
Electronic copies of pleadings are preferred.
Page 6 | V. MOTIONS — 1. Deadlines
Filing Timing and Cure Windows
An attorney must file an Entry of Appearance with the clerk within 48 hours after being retained.
An Entry of Appearance must be filed with the Clerk of Court within forty-eight (48) hours after being retained.
Page 2 | III. APPEARANCE AND ATTENDANCE — 1. Entries by Counsel
A motion for bond must be filed and served on opposing counsel at least 10 days before arraignment to be heard at arraignment; a motion filed later will be scheduled for the next available motions calendar.
The Court may hear arguments for bond at arraignment provided that a Motion for bond has been properly filed and served on opposing Counsel at least ten (10) days prior to the scheduled arraignment. Motions for bond filed less than ten (10) days prior to arraignment will be scheduled to be heard at the Court’s next available Motions Calendar.
Page 4 | IV. ARRAIGNMENT AND WAIVER
Expert notice should be provided as soon as practicable, no later than 14 days before trial and 7 days before an evidentiary hearing requiring expert testimony.
The notice should be provided as soon as practicable and, in any event, must be provided at least fourteen (14) days before Trial and seven (7) days before any evidentiary hearing requiring expert testimony.
Page 5 | VI. DISCOVERY / 2. Experts
Unless the court orders otherwise, all motions other than motions in limine must be filed within 10 days after receipt of the discovery or other relevant evidence or information; untimely motions require a showing of just cause.
Unless otherwise ordered by the Court, all Motions (other than Motions in Limine) must be filed within ten (10) days after the receipt of discovery or other evidence/information that is the subject of said Motion. Untimely Motions shall not be considered absent a showing of just cause for the late filing.
Page 6 | VII. MOTIONS / 1. Deadlines
For trials beginning Wednesday, Thursday, or another day covered by the stated rule, required pretrial submissions are due no later than three business days before trial.
Once a case is scheduled for Trial, the Parties are required to serve on opposing Counsel by email and submit by email to the Court’s Criminal Litigation Manager Griselle Rivera (grdavis1@dekalbcountyga.gov) and Staff Attorney Denise Warner (dmwarner@dekalbcountyga.gov) the following items no later than close of business (5:00 PM) the preceding Thursday, if the Trial is to begin on a Monday or Tuesday, OR not later than three (3) business days if the Trial is to begin on a Wednesday, Thursday,
Page 8 | VIII. Trials
For trials beginning Monday or Tuesday, required pretrial submissions are due by 5:00 PM on the preceding Thursday.
Once a case is scheduled for Trial, the Parties are required to serve on opposing Counsel by email and submit by email to the Court’s Criminal Litigation Manager Griselle Rivera (grdavis1@dekalbcountyga.gov) and Staff Attorney Denise Warner (dmwarner@dekalbcountyga.gov) the following items no later than close of business (5:00 PM) the preceding Thursday, if the Trial is to begin on a Monday or Tuesday,
Page 8 | VIII. Trials
The Court must be notified immediately of problems or disputes that could delay the case or cause a party to miss a deadline.
The Court shall be notified immediately of any problem or dispute (e.g., discovery issues, witness unavailability, illness, or the late addition of parties or claims) that could delay the case or cause a Party to miss a deadline.
Page 3 | 3. Extensions of time
Unless the court orders otherwise, a dispositive motion must be filed within 30 days after discovery closes.
Unless otherwise ordered by the Court, dispositive Motions must be filed within 30 days after the close of discovery.
Page 6 | V. MOTIONS — 1. Deadlines
Unless the Court orders otherwise, the parties must both e-file and email a fully consolidated pretrial order to Ms. Warner no later than the later of 45 days after discovery closes or 15 days after the Court’s ruling on a dispositive motion.
Unless otherwise ordered by the Court, no later than 45 days after the close of discovery or 15 days after the Court’s ruling on any dispositive Motions, whichever is later, the Parties shall both e-file and submit, by email, a fully consolidated pre-trial order (“CPTO”) to Ms. Warner at the email address stated above.
Page 8 | VI. PRETRIAL ORDERS
All parties other than the plaintiff or petitioner must provide their portions of the consolidated pretrial order to that party no later than two days before the order’s due date.
All other Parties shall provide their portions of the CPTO to the Plaintiff/Petitioner no later than two days prior to the due date.
Page 8 | VI. PRETRIAL ORDERS
Unless the Court orders otherwise, dispositive motions must be filed within 30 days after discovery closes.
Unless otherwise ordered by the Court, dispositive Motions must be filed within 30 days after the close of discovery.
Page 6 | V. MOTIONS — 1. Deadlines
The consolidated pre-trial order is due 45 days after discovery closes or 15 days after the ruling on dispositive motions, whichever is later, unless the court orders otherwise.
Unless otherwise ordered by the Court, no later than 45 days after the close of discovery or 15 days after the Court’s ruling on any dispositive Motions, whichever is later, the Parties shall both e-file and submit, by email, a fully consolidated pre-trial order (“CPTO”) to Ms. Warner at the email address stated above.
Page 9 | VIII. PRETRIAL ORDERS
Each non-plaintiff or non-petitioner party must give its pre-trial-order portion to the plaintiff or petitioner at least two days before the submission deadline.
All other Parties shall provide their portions of the CPTO to the Plaintiff/Petitioner no later than two days prior to the due date.
Page 9 | VIII. PRETRIAL ORDERS
The four required child- and financial-support documents must be exchanged and filed one week before trial.
If the case involves minor children, the Parties SHALL exchange and file with the Court an updated Domestic Relations Financial Affidavit, a proposed Child Support Worksheet, proposed Child Support Addendum and proposed Parenting Plan one week prior to trial, pursuant to U.S.C.R. 24.2.
Page 9 | IX. FINAL HEARINGS AND TRIALS
Counsel may file a waiver of arraignment stating that the defendant enters a not-guilty plea and waives formal arraignment only if filed at least 48 hours before the hearing; a timely waiver excuses appearance, while a later waiver generally requires appearance unless the court excuses it.
The Defendant’s Counsel may file a waiver of arraignment up to 48 hours prior to the hearing date indicating that the Defendant is entering a plea of Not Guilty and waiving formal arraignment. If a waiver is timely filed, the Defendant and Counsel are not required to appear at arraignment. If a wavier is filed less than 48 hours prior to the hearing date, however, Defendant and Counsel must appear at arraignment unless otherwise excused by the Court.
Page 4 | IV. ARRAIGNMENT AND WAIVER
The motion deadlines do not apply to genuine motions in limine concerning discrete evidentiary issues that become apparent only during focused trial preparation, but improper recast motions remain subject to the deadlines absent just cause.
These deadlines do not apply to Motions in limine involving discrete evidentiary issues, the significance of which is not readily apparent until focused trial preparation. However, untimely Motions improperly cast as Motions in limine which are not true Motions in limine–such as Motions to suppress, to dismiss, or to sever Defendants–will not be permitted after the deadlines stated herein absent a showing of just cause.
Page 6 | VII. MOTIONS / 2. Application
When trial is called with less notice than contemplated by the order, the required submissions are due by the parties’ ordered appearance time or as the Court otherwise directs.
If the case is called to trial with less notice than is contemplated by this Order, these submissions are due by the time the Parties are ordered to appear in Court or as otherwise directed by the Court.
Page 9
Service and Proof of Service Rules
Service of a motion for bond on opposing counsel is required at least 10 days before the scheduled arraignment.
The Court may hear arguments for bond at arraignment provided that a Motion for bond has been properly filed and served on opposing Counsel at least ten (10) days prior to the scheduled arraignment.
Page 4 | IV. ARRAIGNMENT AND WAIVER
For trials beginning Monday or Tuesday, pretrial submissions must be emailed to opposing counsel and the court by 5:00 PM the preceding Thursday; for trials beginning Wednesday or Thursday, they are due no later than three business days before trial.
Once a case is scheduled for Trial, the Parties are required to serve on opposing Counsel by email and submit by email to the Court’s Criminal Litigation Manager Griselle Rivera (grdavis1@dekalbcountyga.gov) and Staff Attorney Denise Warner (dmwarner@dekalbcountyga.gov) the following items no later than close of business (5:00 PM) the preceding Thursday, if the Trial is to begin on a Monday or Tuesday, OR not later than three (3) business days if the Trial is to begin on a Wednesday, Thursday,
Page 8 | VIII. Trials
To seek service by publication, the plaintiff or petitioner must file proof of attempted service, a motion for service by publication, and an affidavit of diligent search within 90 days after filing the case.
In order to seek an order for service by publication, the Plaintiff/Petitioner must file proof of attempted service on Defendant/Respondent at Defendant/Respondent’s last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 90 days of filing the case or the case shall stand DISMISSED.
Page 2 | III. CASE MANAGEMENT
If service by publication is ordered, the petitioner must publish notice in The Champion Newspaper within 30 days and file the newspaper’s affidavit of publication with the clerk within 60 days of entry of the order.
Petitioner must publish Notice in The Champion Newspaper within 30 days of entry of the Order for Service by Publication and must file with the clerk’s office an Affidavit of Publication from The Champion Newspaper within 60 days of entry of the Order or the case shall stand DISMISSED.
Page 2 | III. CASE MANAGEMENT
Electronic service of pleadings is legally sufficient, except for the initial complaint and summons.
This means that electronic service of pleadings, other than the initial complaint and summons, is now legally sufficient.
Page 2 | II. E-FILING
The plaintiff or petitioner must file proof of service of the initial complaint or petition and related filings within 90 days after filing the case, unless the court grants leave based on proof of diligent service attempts.
The Plaintiff/Petitioner must file proof of service of the initial Complaint/Petition and related filings within 90 days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court.
Page 2 | III. CASE MANAGEMENT
Electronic service is legally sufficient for pleadings other than the initial complaint and summons.
This means that electronic service of pleadings, other than the initial complaint and summons, is now legally sufficient.
Page 1 | II. E-FILING
The plaintiff or petitioner must file proof of service of the initial complaint or petition and related filings within 90 days, or the case may be dismissed absent proof of diligence and court permission.
The Plaintiff/Petitioner must file proof of service of the initial Complaint/Petition and related filings within 90 days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court.
Page 2 | III. CASE MANAGEMENT
A request for service by publication requires proof of attempted service at the defendant’s or respondent’s last known address, together with a motion for service by publication and an affidavit.
In order to seek an order for service by publication, the Plaintiff/Petitioner must file proof of attempted service on Defendant/Respondent at Defendant/Respondent’s last known address, together with a Motion for Service by Publication and an Affidavit of
Page 2 | III. CASE MANAGEMENT
An affidavit in lieu of testimony must be served on the opposing party at least 24 hours before the hearing.
Pursuant to U.S.C.R. 24.5, any affidavit in lieu of testimony is to be served on the opposing party at least 24 hours prior to a hearing.
Page 8 | VII. TEMPORARY HEARINGS
Updated financial affidavits and/or child support worksheets must be exchanged five days before a temporary hearing.
Pursuant to U.S.C.R. 24.2, Parties are to exchange updated financial affidavits and/or child support worksheets five (5) days prior to any Temporary Hearing.
Page 8 | VII. TEMPORARY HEARINGS
Copies of the documents must be emailed to Ms. Warner at the same time they are provided to the opposing party.
Copies of any such documents should also be provided to the Court at the same time they are provided to the opposing party via email to Ms. Warner at address listed above.
Page 8 | VII. TEMPORARY HEARINGS
Electronic service of pleadings is legally sufficient.
This means that electronic service of pleadings is now legally sufficient.
Page 1 | II. E-FILING
Courtesy Copy Requirements
A proper and timely Notice of Conflict must include a courtesy copy for the Court and opposing counsel at least seven days before the conflict.
A proper and timely Notice of Conflict has been filed in accordance with U.S.C.R. 17.1 and a courtesy copy provided to the Court and Opposing Counsel at least seven (7) days prior to the conflict;
Page 2 | III. APPEARANCE AND ATTENDANCE — 2. Leaves and Conflicts
A timely Leave of Absence must include a courtesy copy for the Court and opposing counsel at least 30 days before the scheduled leave.
A Leave of Absence (“LOA”) has been timely filed in accordance with U.S.C.R. 16.1 or 16.2 with a courtesy copy provided to the Court and Opposing Counsel at least 30 days prior to the scheduled leave;
Page 2 | III. APPEARANCE AND ATTENDANCE — 2. Leaves and Conflicts
Courtesy copies must be provided for all motions in limine, and each motion must be submitted as a separate document.
iii. Courtesy copies of all Motions in limine. Each such Motion shall be a separate document.
Page 9
A movant must provide the court with courtesy copies of the motion and its related filings.
To ensure timely resolution of Motions, Movants must provide courtesy copies of all Motions and related filings to the Court. See U.S.C.R. 6.1
Page 6 | V. MOTIONS — 1. Deadlines
Parties seeking oral argument on a motion for summary judgment must request it under U.S.C.R. 6.3 and send one courtesy copy to the Court’s Civil Litigation Manager.
Parties seeking oral argument on a Motion for Summary Judgment must file a request as provided in U.S.C.R. 6.3 and send a courtesy copy to the Court’s Civil Litigation Manager, Mr. Little.
Page 7 | 3. Hearings
Movants must provide courtesy copies of all motions and related filings to the Court.
To ensure timely resolution of Motions, Movants must provide courtesy copies of all Motions and related filings to the Court.
Page 6 | V. MOTIONS — 1. Deadlines
A filing intended to ensure the Court's attention should be accompanied by an emailed courtesy copy to Ms. Rivera.
If there is a filing that you want to be sure is brought to the attention of the Court, you should e-mail a courtesy copy of same to Ms. Rivera at the email address above.
Page 1 | II. E-FILING
Email a courtesy copy to Ms. Warner when a filing should be brought to the Court’s attention.
If there is a filing that you want to be sure is brought to the attention of the Court, you should e-mail a courtesy copy of same to Ms. Warner.
Page 2 | II. E-FILING
When a filing must be brought to the court’s attention, email a courtesy copy to Ms. Warner.
If there is a filing that you want to be sure is brought to the attention of the Court, you should e-mail a courtesy copy of same to Ms. Warner.
Page 1 | II. E-FILING
Filing Bundling Requirements
Each motion must address a single issue, be filed separately, identify the specific statement or evidence, and provide a suppression theory.
Each Motion shall be limited to a single issue and filed separately. Thus, a general Motion seeking to suppress all statements or all evidence is insufficient and will be denied. The Motion must identify the specific statement or evidence that the movant is seeking to suppress, and must provide a theory of suppression.
Page 7 | 4. Format and Page Limits
Motions in limine may not be combined; each must be filed as a separate document.
Each such Motion shall be a separate document.
Page 9
The plaintiff or petitioner must compile and submit the consolidated pre-trial order.
Plaintiff/Petitioner shall be responsible for compiling and submitting the CPTO.
Page 9 | VIII. PRETRIAL ORDERS
A motion should contain all arguments and citations in one document rather than being accompanied by a separate supporting brief.
Motions should include all arguments and citations to authority in a single document; there is no need for a “cover Motion” and separate “brief in support.”
Page 6 | V. MOTIONS — 2. Format and Page Limits
Motions should consolidate all arguments and citations in one document rather than using a cover motion and a separate supporting brief.
Motions should include all arguments and citations to authority in a single document; there is no need for a “cover Motion” and separate “brief in support.”
Page 6 | V. MOTIONS — 2. Format and Page Limits
Pre-Motion Conference Requirements
A party may request a court discovery conference unilaterally before filing a motion to compel only after completing the required conference with the opposing party under U.S.C.R. 6.4(B).
Discovery conferences with the Court may be requested unilaterally and prior to filing a Motion to Compel, but not before the required conference with the opposing party pursuant to U.S.C.R. 6.4(B).
Page 3 | 4. Conferences
A party must discuss discovery disputes with the opposing party before filing a motion to compel or motion for a protective order, and the requirement also applies to disputes involving non-parties.
No Party may file a Motion to Compel or a Motion for a Protective Order without first having discussed the issue(s) with the opposing Party. U.S.C.R. 6.4(B). This stricture applies to disputes with non-Parties as well.
Page 5 | 3. Disputes
Additional briefs beyond the original motion and response are generally discouraged, and reply, sur-reply, or supplemental briefs require prior court authorization obtainable by email.
Briefs beyond the original Motion and Response are generally discouraged. Parties seeking to file replies, sur-replies, or supplemental briefs of any kind must seek prior authorization by the Court, which may be requested by e-mail.
Page 6 | V. MOTIONS — 2. Format and Page Limits
A motion to compel that does not satisfy Rule 6.4 will be denied without a hearing.
Motions to Compel that do not comply with Rule 6.4 will be denied without a hearing.
Page 5 | 3. Disputes
A party may request a discovery conference unilaterally before filing a motion to compel, but only after the required conference with the opposing party under U.S.C.R. 6.4(B).
Discovery conferences with the Court may be requested unilaterally and prior to filing a Motion to Compel, but not before the required conference with the opposing party pursuant to U.S.C.R. 6.4(B).
Page 4 | IV. DISCOVERY
Adjournment & Extension Requirements
A party that fails to appear at a Pretrial Calendar without leave may be placed directly on the Trial Calendar, and a continuance will not be granted absent good cause.
Attorneys or Parties who fail to appear at any Pretrial Calendar pursuant to untimely LOAs or Notices of Conflict, or otherwise without leave of Court, may have their cases placed directly on a Trial Calendar at the Court’s discretion. In such event, no continuances therefrom shall be given absent good cause shown.
Page 3 | Pretrial Calendar / Appearance and Attendance
Every discovery-extension request must describe discovery already conducted, identify the requested extension, schedule the outstanding discovery, and explain why the original deadline was insufficient.
All requests for discovery extensions shall include a basic description of discovery conducted thus far, the requested deadline extension, a specific schedule of outstanding discovery to be completed during the requested extension, and an explanation as to why the original deadline was insufficient.
Page 4 | IV. DISCOVERY 1. Deadlines
The Court must be notified immediately of any problem or dispute that could delay the case or cause a party to miss a deadline.
The Court shall be notified immediately of any problem or dispute (e.g., discovery issues, witness unavailability, illness, or the late addition of parties or claims) that could delay the case or cause a Party to miss a deadline.
Page 3 | III. CASE MANAGEMENT
A moving party requesting an extension of discovery deadlines must submit a proposed Revised Scheduling Order containing all proposed extensions and a statement of prior extension rulings.
In the event an extension to the discovery deadline(s) established in this Order is requested, the moving Party shall submit a proposed Revised Scheduling Order, which must include all proposed deadline extensions as well as a statement indicating whether the Court has previously granted extension requests.
Page 4 | IV. DISCOVERY
Each discovery-extension request must describe discovery completed, the requested extension and completion schedule, and why the original deadline was insufficient.
All requests for discovery extensions shall include a basic description of discovery conducted thus far, the requested deadline extension, a specific schedule of outstanding discovery to be completed during the requested extension, and an explanation as to why the original deadline was insufficient.
Page 4 | IV. DISCOVERY
The parties may agree to a one-time continuance from the first Pretrial Calendar if it is not for delay and will not prejudice either party; further continuances require a motion and a showing of good cause.
The Parties may consent to a one-time continuance from the first Pretrial Calendar upon confirmation and mutual agreement by the Parties that such continuance is not being requested for purposes of delay and will not cause any prejudice to either Party. No additional continuances will be granted except upon Motion by one or both Parties and for good cause shown.
Page 5 | VI. DISCOVERY / 4. Continuances
A party seeking an extension should specifically explain the unforeseen circumstances requiring it and provide a timetable for completing the affected tasks.
Parties seeking an extension should explain with specificity the unanticipated or unforeseen circumstances necessitating the extension and should set forth a timetable for the completion of the task(s) for which the extension is sought.
Page 3 | 3. Extensions of time
An extension for submitting a proposed consolidated pretrial order will be granted only for good cause.
Extensions for submitting a proposed CPTO will be granted only for good cause.
Page 8 | VI. PRETRIAL ORDERS
A party seeking an extension should specifically explain the unforeseen circumstances and provide a timetable for completing the affected tasks.
Parties seeking an extension should explain with specificity the unanticipated or unforeseen circumstances necessitating the extension and should set forth a timetable for the completion of the task(s) for which the extension is sought.
Page 3 | III. CASE MANAGEMENT
An extension for submitting the proposed consolidated pre-trial order will be granted only upon a showing of good cause.
Extensions for submitting a proposed CPTO will be granted only for good cause.
Page 9 | VIII. PRETRIAL ORDERS
Chambers Communication Rules
A party seeking a motion hearing need not file a request form but must email Ms. Rivera once the motion is ripe and provide a time announcement for anticipated oral argument.
Parties seeking a hearing on any Motion(s) need not file a Request for Hearing but must contact Ms. Rivera via email and make such request once a Motion is ripe for adjudication. Parties must provide a time announcement for their anticipated oral argument when making any request for a hearing.
Page 8 | 5. Briefing and Hearings
An interpreter request must be submitted by email to Griselle Rivera no later than ten days before the hearing.
The request for an interpreter must be submitted in writing via email to the Court’s Criminal Litigation Manager Griselle Rivera (grdavis1@dekalbcountyga.gov) and Judicial Assistant Fran Shaw (feshaw@dekalbcountyga.gov) no later than ten (10) days prior to the hearing date.
Page 12 | X. MISCELLANEOUS — 1. Court Interpreter
Parties must submit a written request for an incarcerated defendant or witness by email to the Court’s Criminal Litigation Manager at least 30 days before the scheduled court appearance.
Parties must submit their request in writing the Court’s Criminal Litigation Manager Griselle Rivera (grdavis1@dekalbcountyga.gov), and the production request must be received no later than thirty (30) days before the scheduled court appearance.
Page 13
For a hearing on a motion other than a summary-judgment motion, parties need not file a hearing request but must email Mr. Little once the motion is ripe for adjudication.
Parties seeking a hearing on any other Motion(s) need not file a Request for Hearing but must contact Mr. Little via email and make such request once a Motion is ripe for adjudication.
Page 7 | 3. Hearings
Include the opposing party or parties, or their counsel when appropriate, on communications to the Court.
When communicating with the Court, Parties are reminded to ensure that the opposing Party/Parties or counsel, as appropriate, are copied on all communications.
Page 1 | I. CONTACTING THE COURT
Electronic communication is encouraged for scheduling and administrative matters, but legal arguments must not be submitted by email.
While electronic communication is encouraged for scheduling and other administrative matters, the Court will not accept or consider legal arguments raised via email.
Page 1 | I. CONTACTING THE COURT
Other inquiries should be directed by email to Judicial Assistant Fran Shaw.
For any other inquiries, please contact the Court's Judicial Assistant, Fran Shaw, at feshaw@dekalbcountyga.gov.
Page 1 | I. CONTACTING THE COURT
Scheduling requests and submission of courtesy copies of motions and proposed orders may be emailed to Criminal Litigation Manager Griselle Rivera.
For scheduling matters, including requests for hearings or conferences and time announcements for the same, as well as the submission of courtesy copies of Motions and proposed orders, please contact the Court's Criminal Litigation Manager, Griselle Rivera, at grdavisi@dekalbcountyga.gov.
Page 1 | I. CONTACTING THE COURT
Counsel are encouraged to request courtroom equipment access or training before a hearing by emailing Judicial Assistant Fran Shaw.
Counsel are encouraged to request access to and/or training on the equipment prior to a scheduled hearing by emailing the Court’s Judicial Assistant Fran Shaw at (feshaw@dekalbcountyga.gov).
Page 13 | 3. Technology and Evidence Presentation
Contact the Court’s Senior Staff Attorney by email for other matters, including courtesy copies of motions and proposed orders.
For other matters, including the submission of courtesy copies of Motions and proposed orders, Parties should contact the Court’s Senior Staff Attorney, Denise Warner, at dmwarner@dekalbcountyga.gov.
Page 1 | I. CONTACTING THE COURT
Contact the Court’s Civil Litigation Manager by email for scheduling matters, including hearing or conference requests and related time announcements.
For scheduling matters, including requests for hearings or conferences and time announcements for the same, please contact the Court’s Civil Litigation Manager, Gene Little, at gelittle@dekalbcountyga.gov.
Page 1 | I. CONTACTING THE COURT
Parties are encouraged to contact the court for immediate resolution when a serious and legitimate dispute arises during a deposition.
If a serious, legitimate dispute arises during a deposition, the Parties are encouraged to contact the Court to seek an on-the-spot resolution so that the deposition may continue.
Page 6 | 4. Depositions
For scheduling matters, including hearing or conference requests and related time announcements, contact Civil Litigation Manager Gene Little by email.
For scheduling matters, including requests for hearings or conferences and time announcements for the same, please contact the Court’s Civil Litigation Manager, Gene Little, at gelittle@dekalbcountyga.gov.
Page 1 | I. CONTACTING THE COURT
For matters other than scheduling, including courtesy copies of motions and proposed orders, contact Senior Staff Attorney Denise Warner by email.
For other matters, including the submission of courtesy copies of Motions and proposed orders, Parties should contact the Court’s Senior Staff Attorney, Denise Warner, at dmwarner@dekalbcountyga.gov.
Page 1 | I. CONTACTING THE COURT
After submitting the consolidated pre-trial order, the parties may contact Mr. Little about scheduling.
Following submission of the CPTO, the Parties may contact Mr. Little to address scheduling.
Page 9 | VIII. PRETRIAL ORDERS