Superior Court of DeKalb County Filing Timing and Cure Windows

Deadline

48 hours

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.

Applies to

Motion for bond

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.

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.

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.

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,

Deadline

3 business days

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,

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.

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.

Deadline

45 calendar days

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.

Deadline

2 calendar days

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.

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.

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.

Deadline

2 calendar days

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.

Deadline

1 calendar days

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.

An attorney must provide the court with an Entry of Appearance within 48 hours after being retained.

An Entry of Appearance must be provided to the Court within forty-eight (48) hours after being retained. USCR 4.2.

Every leave of absence, regardless of duration, must be filed in each case and copies must be sent to the court at least 30 days before the leave.

Notwithstanding USCR 16.1’s allowance to “submit” LOAs that are for 30 calendar days or less to the Clerk, any LOA for any length of time shall be filed into each case, with copies sent to the Court at least 30 days prior to leave;

A conflict letter must be timely filed, with a copy provided to the court at least seven days before the conflict.

A proper and timely Conflict Letter is filed in accordance with USCR 17.l with a copy provided to the Court at least seven (7) days prior to the conflict;

A defendant may waive arraignment by filing a written waiver no later than 4:00 p.m. on the business day immediately before the arraignment calendar and serving copies on the state and court.

A Defendant may waive arraignment by filing, with copies served on the State and the Court, a written waiver no later than 4:00 p.m. the business day immediately preceding the Arraignment Calendar.

A discovery motion may be filed before or after the discovery deadline, but it must be filed no later than the motions deadline.

Discovery motions may be filed any time before or after the discovery deadline but no later than the motions deadline.

All motions must be filed within fifteen days after discovery closes, and untimely motions may be rejected absent just cause.

The filing deadline for all motions is fifteen (15) days after the close of discovery. Untimely motions may not be considered absent a showing of just cause for the late filing.

Probation officers must ensure that probation-revocation petitions are timely filed and that copies are served on the defendants.

Probation Officers shall ensure that revocation petitions are timely filed and that copies are served on the Defendant(s).

The interpreter request must comply with USCR 7.3, and the initial request must be emailed by 3:00 p.m. two weeks before the hearing.

The notice shall comply with USCR 7.3, except that the initial request for an interpreter shall be emailed no later than 3:00 p.m. two weeks prior to the hearing.

An uncontested divorce may not be finalized until 31 days have passed after the proof of service is filed.

Uncontested divorces will not be finalized until 31 days have passed from the filing of proof of service.

Deadline

48 hours

Applies to

Waiver of arraignment

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.

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.

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.

All subpoenas, including out-of-state subpoenas, must be submitted promptly to avoid delay.

Any subpoena, including out-of-state subpoenas, must be submitted promptly to avoid delay.

State and defense counsel must help ensure compliance with the initial 120-day and subsequent 180-day status-conference requirements under USCR 41.2 by emailing regular updates to the court.

The State and defense counsel shall help ensure compliance with USCR 41.2, i.e., the requirements for an initial 120-day status conference and the subsequent 180- day status conferences, by emailing regular updates to the Court.