Superior Court of DeKalb County Document Filing Requirements

Applies to

Motion

Except for motions consented to by all parties, every pre-trial civil motion must include or be accompanied by citations of supporting authorities and, when relying on unstipulated facts, supporting affidavits or citations to evidentiary materials of record.

In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record.

Applies to

Pretrial order

A consolidated pretrial order complying with USCR 7.2 is required before a bench or jury trial.

Consolidated Pretrial Orders are required before bench or jury trials AND must comply with USCR 7.2.

Applies to

Divorce with children

A divorce involving children must include a Settlement Agreement, Child Support Addendum, Child Support Worksheet and Schedules, and Parenting Plan.

For divorces with children, you must include a Settlement Agreement, Child Support Addendum, Child Support Worksheet & Schedules, and Parenting Plan for consideration.

Applies to

Entry of appearance

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.

Applies to

Expert notice

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.

Applies to

Motion

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.

Applies to

Proposed order

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.

Applies to

Motion in limine

All motions in limine must also be filed with the Clerk of Court.

All Motions must also be filed with the Clerk of Court.

Applies to

Proposed jury charges

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.

Applies to

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.

Applies to

Potential witness list

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.

Applies to

Trial exhibit list

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.

Applies to

Stipulation

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.

Applies to

Proposed order

Must include

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.

Applies to

Motion

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.

Applies to

Proposed scheduling order

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.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Hearing request

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.

Applies to

Pretrial 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.

Applies to

Motion

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.

Applies to

Consolidated pretrial 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.

Applies to

Proposed order

Must include

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.

Applies to

Proposed order

Must include

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.

Applies to

Individual pretrial order portion

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.

Applies to

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.

Applies to

Contested case final hearing or trial

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.

Applies to

Domestic relations financial affidavit

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.

Applies to

Supporting documentation

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.

Applies to

Notice of appearance

Every attorney, including prosecutors and public defenders, must file an Entry of Appearance identifying the attorney’s role in the case.

Every attorney, including Assistant District Attorneys (ADAs) and Assistant Public Defenders (APDs), must file an Entry of Appearance so the record shows who is prosecuting and defending the case.

Applies to

Arraignment waiver

An arraignment waiver must generally contain the quoted waiver language and be signed by the defendant or defense counsel.

The waiver shall generally read, “The Defendant hereby voluntarily waives formal arraignment and pleads not guilty to all offenses in the indictment,” and be signed by the Defendant or defense counsel.

Applies to

Proposed order

Must include

proposed order

A discovery-extension request must include a proposed order establishing date-certain replacement deadlines.

Counsel must provide detailed, fact-based reasons for the need for the extension, along with a proposed order setting a date certain for the new deadline(s).

Applies to

Discovery motion

A motion to compel discovery must identify and detail the alleged violations and specify the requested relief; form motions seeking generalized disclosure or exclusion are prohibited.

A motion to compel discovery shall list and detail the alleged discovery violation(s) and specify the relief sought. “Form” motions seeking generalized disclosure/exclusion are prohibited.

Applies to

Jury instructions

Unmodified pattern charges may be identified by number and title, but modified pattern charges and non-pattern charges must include the full proposed text and supporting-authority citations.

Pattern charges that do not require any modification may be referenced by the pattern charge number and title, without including the text of the charge itself. For all modified pattern or non-pattern charges, the parties must submit the full proposed modified text with citation to supporting authority.

Applies to

Exhibits

Counsel must comply with the attached standing order governing the District Attorney’s Office as record custodian and exhibits and evidence entered at trial.

Counsel shall comply with the “Amended Standing Order Designating District Attorney’s Office as Official Record Custodian of Criminal Cases and Order Covering Exhibits and Evidence Entered at Trial,” a copy of which is attached hereto.

Applies to

Exhibits

Before voir dire, counsel must mark and catalogue all exhibits in an Exhibit List containing each exhibit number and a brief identifying description, and provide the list to the court reporter, each opposing party, and the court.

Before voir dire, counsel shall mark all exhibits, catalogue them in an Exhibit List, and provide the Exhibit List to 1) the court reporter, 2) each opposing party, and 3) the Court. The Exhibit List shall include both the exhibit number and a brief identifying description.

All stipulations must be written, signed by the parties, and presented to the court outside the jury’s presence before counsel may present them to the jury.

All stipulations must be made in writing, signed by the parties, and presented to the Court outside the presence of the jury. Counsel shall not present any stipulation to the jury that has not been previously presented to the Court.

Applies to

Written submission

Must include

ai disclosure

Any attorney or self-represented litigant who uses an AI tool to prepare, draft, or review a filing must disclose that use, include the specified certification, independently verify all legal and record citations, and place the certification at the end of the document before the signature block.

Any attorney or self-represented litigant who uses an AI tool to prepare, draft, or review filing shall disclose such use in the document with the following certification: a This document was generated with the assistance of [identify AI tool(s) used, e.g, Chat GPT, Perplexity, Claude, etc]. I hereby certify under penalty of perjury that, despite reliance on an AI tool, I have independently reviewed this document to confirm accuracy, legitimacy, and use of good and applicable law. Specifically, I have verified that every citation to law, case, statute, or the record in this document is accurate and that it exists as cited and for the proposition cited. This certification must appear at the end of the document, before the signature block.

Applies to

Reply brief

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.

Applies to

Proposed jury charges

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.

Applies to

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.

Applies to

Brief

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.

Applies to

Jury instructions

Counsel must email the court a Word-format potential-witness list containing names and applicable titles, ranks, or honorifics, but the list need not be filed because the judge uses it during voir dire.

Counsel must email the Court a list, in Word format, of witness names with any applicable title/rank/honorific (no other identifying information is required). The witness list does NOT need to be filed; it is used by the Judge during voir dire.

Failure to comply with USCR 7.3 may result in a costs assessment as permitted by that rule.

Failure to comply with USCR 7.3 may result in an assessment of costs as allowed by the Rule.

Applies to

Proposed order

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.