Judge Alice Benton
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Email • Upon Filing
Bond Motions
Courtesy copies
- Within 24 Hours
Exhibit List
- 2 copies • Prior To Jury Selection
Adjournments
- To modify the Case-Specific Scheduling Order, the moving party must email the Staff Attorney, with all parties copied, a proposed Revised Scheduling Order including all proposed deadline extensions and a statement of whether the Court has previously granted extension requests.
- Participation in mediation or other ADR does not excuse or delay discovery, motion, or trial deadlines (i.e., ADR is not grounds for extensions or adjournments).
- Extension requests must explain the unanticipated or unforeseen circumstances necessitating the extension and include a timetable for completing the task.
- +23 more
Request must include
- A party seeking a continuance or status conference must notify the court in writing at least seven days before the Final Plea/Trial Date and identify the specific grounds.
Communication
Chambers
Chambers, Clerk
Chambers
Page & Word Limits1 rule
Motions and briefs are limited to 25 pages (excluding affidavits, deposition extracts, and exhibits) and reply briefs to 15 pages; over-limit filings without permission may be stricken.
Absent advance permission, no party may file a motion or brief in excess of 25 pages (excluding affidavits, deposition extracts, and other relevant exhibits). Reply briefs are limited to 15 pages. Documents exceeding the above page limits that are filed without permission may be stricken from the record.
Motion Or Brief
25 pages
Reply Brief
15 pages
Document Format Requirements14 rules
DVD/CD exhibits must be provided to the Court as the original plus one copy, contained in a hard case.
Regarding DVDs/CDs exhibits, provide the Court (via judicial assistant or litigation manager) with the original and one copy. They will need to be contained in a hard case (e.g., jewel case).
E-Documents must be filed via eFileGA in searchable PDF format not exceeding 50 megabytes.
Documents shall be E-Filed via eFileGA in a searchable .pdf file format that does not exceed 50 megabytes in size (or such other file format as directed by the Vendor).
The pre-trial order must follow the form prescribed by Rule 7.2 of the Uniform Rules of the Superior Court.
The pre-trial order shall be presented in the form prescribed by Rule 7.2 of the Uniform Rules of the Superior Court.
The emailed copy of jury charge requests to the Staff Attorney must be in Word format.
In addition to filing jury charge requests with the Clerk, the parties shall also email a copy in Word format to the Staff Attorney prior to jury selection.
DOCX
Proposed verdict forms submitted to the Staff Attorney must be in Word format.
The parties must submit their proposed verdict forms via email in Word format to the Staff Attorney prior to jury selection.
DOCX
Conflict letters must comply fully with Rule 17.1 of the Uniform Superior Court Rules.
Conflict letters must be submitted one week before the trial calendar begins and shall comply fully with Rule 17.1 of the Uniform Superior Court Rules.
Exhibits and exhibit lists must be scanned individually into PDF format.
All exhibits and exhibit lists shall be scanned individually into PDF format and emailed to the Staff Attorney, with all counsel copied, no later than two days before trial.
Documents e-mailed to the Court for review, such as motions and other pleadings, should be sent in PDF format.
Documents e-mailed for the Court9s review (motions and other pleadings) should be sent in .PDF format.
Documents e-mailed for Judge Benton's signature, such as proposed orders, should be sent in Microsoft Word format.
Documents e-mailed for Judge Benton9s signature (proposed orders, etc.) should be sent in Microsoft Word format.
DOCX
Motions, proposed orders, and other submissions must be double-spaced, except in 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.
Type size must be at least 12-point in Courier or Times New Roman font.
The type size shall not be smaller than 12-point Courier or Times New Roman font.
Proposed orders accompanying ministerial motions must be submitted electronically as Microsoft Word documents.
Every ministerial motion (e.g., motion to exceed page limit, to extend discovery, etc.) must be accompanied by a proposed order (with the proposed order submitted electronically as a Microsoft Word document).
DOCX
Margins must be at least one inch at the top, bottom, and sides.
Margins shall be no less than one inch at the top, bottom and sides.
Proposed orders submitted to the Staff Attorney must be in Microsoft Word format.
All proposed orders should be submitted electronically via email directly to the Staff Attorney, in Microsoft Word format.
DOCX
Document Filing Requirements50 rules
Any attorney or pro se litigant using AI to prepare, draft, or review a filing must include a certification of AI use and citation verification at the end of the document, before the signature block.
Certification: Any attorney or pro se litigant who uses AI in any capacity to prepare, draft, or review a filing shall disclose such use in the document with the following certification: 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. Page 1 of 2 ===== PAGE 2 ===== I hereby certify under penalty of perjury that every citation to law, case, statute, or the record in this document has been verified as accurate and that it exists as cited and for the proposition cited. The above certification must appear at the end
Document Type
All Written Submissions
Counsel must mark exhibits with labels and provide documentary evidence digitally to the court reporter after trial.
Counsel is required to mark with exhibit labels and provide all documentary evidence to the court reporter in digital format as soon as possible after trial, unless otherwise ordered by the Court.
Document Type
Exhibits
The State must take and permanently store all original exhibits after trial or hearing.
All original exhibits introduced by both the State and the defendant(s) must be taken by the State at the conclusion of the trial or hearing and permanently stored by the State.
Document Type
Exhibits
Discovery responses may not include a 'Preamble' or 'General Objections' section asserting blanket objections.
General objections are also prohibited, i.e., a party shall not include in its response to a discovery request a <Preamble= or <General Objections= section stating that the party objects to the discovery request <to the extent that= it violates some rule pertaining to discovery, e.g., attorney-client privilege; work product immunity; the prohibition against discovery requests that are vague, ambiguous, overly broad, or unduly burdensome; etc.
Document Type
Discovery Response
Each individual discovery request must be met with specific objections limited to only those that actually apply to that particular request.
Instead, each individual discovery request must be met with specific objections thereto -- but only those objections that actually apply to that particular request.
Document Type
Discovery Response
Boilerplate and rote objections in discovery responses are prohibited.
Boilerplate objections in response to discovery requests are prohibited. Parties should not invoke a litany of rote objections, e.g., attorney-client privilege, work-product immunity, overly broad/unduly burdensome, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, etc.
Document Type
Discovery Response
A party that objects to a discovery request but still responds must expressly state whether the response is complete, i.e., whether additional information or documents would have been provided but for the objection(s).
Finally, a party which objects to a discovery request but then responds to the request must indicate whether the response is complete, i.e., whether additional information or documents would have been provided but for the objection(s).
Document Type
Discovery Response
Every ministerial motion (e.g., motion to exceed page limit or extend discovery) must be accompanied by a proposed order.
Every ministerial motion (e.g., motion to exceed page limit, to extend discovery, etc.) must be accompanied by a proposed order (with the proposed order submitted electronically as a Microsoft Word document).
Document Type
Ministerial Motion
A party seeking oral argument on a motion for summary judgment must comply with Uniform Superior Court Rule 6.3 and file a pleading requesting oral argument.
A party seeking oral argument on a motion for summary judgment must comply with Uniform Superior Court Rule 6.3 and file a pleading to that effect.
Document Type
Oral Argument Request
Expert notices must be in writing and include a meaningful summary of 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
Extension motions must include a proposed order for the Court's consideration.
Such motions must provide a detailed, fact-based explanation of the need for the extension including the amount of time needed to provide outstanding discovery, along with a proposed order for the Court's consideration.
Document Type
Motion For Extension
Motions to compel must be case-specific and itemize articulable instances of non-compliance; 'form' motions will not be considered.
discovery obligations. The parties are ordered not to file "form" motions seeking an order compelling the generalized disclosure of discoverable materials or the general exclusion of evidence. Any such non-specific "form" motions will not be considered by the Court. Should a party need to file a motion to compel discovery, the party shall itemize the articulable and case-specific instances in which the party believes the opposing party has failed to comply with
Document Type
Motion To Compel
Motions must be particularized, tailored to the facts, limited to a single issue, and identify the specific statement or evidence at issue.
Only those motions sufficiently particularized as to provide legal notice to the opposing parties will be considered by the Court. Generalized and omnibus motions are not to be filed, and if filed will be denied as vague, dilatory, and in violation of this order. Motions must specify, with particularity, the item, statement, or event at issue and must be tailored to the facts of the case at hand. 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.
Document Type
Motion
Attorneys must file an entry of appearance or notice of substitution of counsel that fully complies with U.S.C.R. 4.2 or 4.3(3) before appearing before the Court.
No attorney shall appear in that capacity before the Court until the attorney has filed an entry of appearance that fully complies with U.S.C.R. 4.2 or a notice of substitution of counsel that fully complies with U.S.C.R. 4.3(3).
Document Type
Entry Of Appearance
Parties must submit a witness list with names and titles/positions, separate from discovery requirements.
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' name and any applicable title or position. This list is separate from all pre-trial discovery requirements concerning witnesses, including the disclosure of all requisite identifying information and the content of expert opinions, if any.
Document Type
Witness List
Parties must submit a list of potential voir dire questions.
A list of potential voir dire questions.
Document Type
Voir Dire Questions
Parties must submit all proposed jury charges; pattern charges by number only, non-pattern with full text and authority.
Proposed Jury Charges. The parties must submit all proposed requests to charge, including the charges of the particular offense(s) alleged in the indictment. For pattern charges, each party is to submit only the pattern charge number and not the text of the charge itself. F 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
Document Type
Jury Charges
Parties must submit a proposed verdict form.
A proposed verdict form.
Document Type
Verdict Form
Each motion in limine must be a separate document limited to discrete evidentiary/procedural matters; improper use will be denied as untimely.
All motions in limine. Each such motion shall be a separate document. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence. It is not proper to attempt to raise, as a motion in limine, matters that should have been resolved during the pre-trial motions phase of proceedings, such as a motion to sever, etc. Such a motion cast as a motion in limine will be denied as untimely absent good cause shown.
Document Type
Motion In Limine
Proposed orders must be submitted by email to the Litigation Manager and opposing counsel within three business days of pronouncement.
Orders. Counsel shall promptly prepare orders or judgments to be presented to the Court. Proposed orders shall be submitted by email to Litigation Manger Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov) and opposing counsel simultaneously and within three business days of the pronouncement of that order or judgment, unless directed otherwise by the
Document Type
Proposed Order
Requests for non-pattern charges must include citation to applicable statutory or case authority.
Parties requesting non-pattern charges shall provide citation to applicable statutory or case authority.
Document Type
Jury Charge Request
Each party must provide a list identifying the title and number of each requested pattern charge using current Council of Superior Court Judges pattern charges, without needing to recite the charge text.
Each party shall provide a list identifying the title and number of each proposed pattern charge requested by the party, using the current pattern charges published by the Council of Superior Court Judges. The parties need not recite the text of pattern charges.
Document Type
Jury Charge Request
All exhibits must be pre-marked and numbered before they can be introduced at trial.
All exhibits must be pre-marked and numbered for introduction at trial.
Document Type
Exhibits
Parties must submit proposed Child Support Worksheets, Child Support Addendum, and Parenting Plans at the 30-Day Status Conference.
Parties are required to submit proposed Child Support Worksheets, Child Support Addendum, and Parenting Plans at the 30-Day Status Conference.
Document Type
Child Support Documents
In cases involving minor children, parties must file updated financial affidavits, child support worksheets, addendum, and 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
Each individual exhibit must be itemized in the Consolidated Pretrial Order; general categories are prohibited.
The Parties are required to itemize each individual exhibit in the Consolidated Pretrial Order and avoid listing general categories of documents (e.g. "all discovery produced in this case," "email," or "photographs'"').
Document Type
Consolidated Pretrial Order
Consolidated Pretrial Orders are required and must be emailed to Chambers one week before trial.
Consolidated Pretrial Orders are required and are due to Chambers one week prior to trial by email to Senior Staff Attorney Jessica Cummings for those set before Judge Benton, or Litigation Manager Stephanie Cooper for trials set before Judicial Officer Greg Miller.
Document Type
Consolidated Pretrial Order
Petitions to Withdraw must comply with U.S.C.R. 4.3 and state that written notice was given, ten days have expired, no objection exists, or withdrawal is with client's consent.
Any Petition to Withdraw as Counsel must be in full compliance with U.S.C.R. 4.3. The Petition shall state that the attorney has given written notice to the client and that ten days have expired since notice, that there has been no objection, or that withdrawal is with the client's consent.
Document Type
Petition To Withdraw
Attorney fee requests must cite the authorizing statute, provide required factors, and include findings and conclusions required by law.
Parties seeking attorney's fees shall cite to the statute or other provision of law authorizing same, provide the requisite factors and considerations the Court must assess, and the findings and conclusions required by law.
Document Type
Attorney Fee Request
Proposed orders on summary judgment motions should include detailed findings of fact and conclusions of law for the Court to adapt as appropriate.
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
A Waiver of Arraignment must be personally signed by the defendant and indicate entry of a Not Guilty plea and waiver of formal arraignment.
counsel may file a Waiver of Arraignment personally signed by the defendant indicating that the defendant is entering a plea of Not Guilty and waiving formal arraignment
Document Type
Waiver Of Arraignment
When filing non-conforming materials manually, the filing party must e-file a Notice of Manual Filing for docketing.
The filing party shall E-File a "Notice of Manual Filing" which shall be docketed in the Case Management System to denote that a manual filing has been made and that the material is being held by the Clerk of Court.
Document Type
Notice Of Manual Filing
Filers must e-file a Notice of Filing under Seal when submitting sealed documents.
Also, filers submitting Documents to be filed under seal are required to E-File a "Notice of Filing under Seal".
Document Type
Notice Of Filing Under Seal
Each E-Document's electronic title must include the filing party, the nature of the document, and the relief sought.
The electronic title of each E-Document shall, to the extent practicable, include: i. the party or parties filing the E-Document, ii. the nature of the E-Document, and iii. the nature of the relief sought.
Document Type
E Document
Proposed Orders may be E-Filed as exhibits or separate filings if they include the submitting party's signature block and are titled 'Proposed'.
Proposed Orders may be E-Filed as an exhibit to a motion or other pleadings or as a separate filing provided that (1) the Proposed Order includes the signature block of the submitting party or attorney in compliance with U.S.C.R. 36.4 and (2) the title of the filing is clearly marked "Proposed".
Document Type
Proposed Order
Exhibit lists must include the exhibit number and a brief description for each exhibit.
The exhibit list should include for each exhibit both the exhibit number and a brief description of what the exhibit purports to be.
Document Type
Exhibit List
Non-pattern charges may be requested only when no pattern charge applies to the specific issue.
Parties may request non-pattern charges only where there is no pattern charge applicable to the specific issue.
Document Type
Jury Charge Request
A party filing a motion in limine expected to require a hearing longer than one hour must alert the Court so the prospective jurors' schedule can be managed.
If a party filing a motion in limine believes that the motion will require a hearing lasting more than an hour, the party must alert the Court so that the prospective jurors' schedule can be properly managed.
Document Type
Motion In Limine
If parties cannot agree on which deposition testimony should be excluded, the objecting party must prepare a list of disputed page and line numbers along with the relevant deposition text.
If the parties cannot agree on what portions of the deposition testimony, if any, should be excluded, the objecting party must prepare a list of page and line numbers at issues and provide the list, along with the relevant text from the deposition to the Staff Attorney no later than two days before the beginning of the trial calendar.
Document Type
Deposition Dispute List
All filings must include the email addresses of counsel or pro-se parties.
To aid the Court in also observing this practice, all filings by Parties are required to include the email addresses of counsel or Pro-se Parties on the matter.
Document Type
Filing
Each party must submit a Financial Affidavit, Child Support Worksheet and Schedules, Answers to Interrogatories, and documents responding to Required Documents to be Produced by the 30-Day Status Conference.
each Party must submit by the 30-Day Status Conference his or her Financial Affidavit, Child Support Worksheet and Schedules, Answers to Interrogatories, and documents in response to Required Documents to be Produced
Document Type
Discovery Documents
Expert disclosures must include names, subject matters, substance of facts and opinions, and a summary of the grounds for each opinion for any expert expected to testify.
The disclosures shall include the names, subject matters, substance of facts and opinions, and a summary of the grounds for each opinion which any expert is expected to testify at trial on issues which the disclosing party bears the burden of proof.
Document Type
Expert Disclosures
Notices of Discovery Dispute and Motions to Compel Discovery must meet the requirements of U.S.C.R. Rule 6.4(A) and (B).
Any Notice of Discovery Dispute or Motion to Compel Discovery pursuant to FCSCFD Rules 4000-6.1.1 or 4000-6.1.2 and/or the Civil Practice Act must meet the requirements of U.S.C.R. Rule 6.4(A) and (B)
Document Type
Discovery Motion
Parties must file authenticated and admissible evidence contemporaneously with a motion to enforce a settlement agreement or the response to it.
The Parties are directed to file contemporaneously with such motion or the response thereto, authenticated and admissible evidence.
Document Type
Motion
Replies and sur-replies will not be considered unless the Court has given prior express permission.
No replies or sur-replies will be considered absent prior express permission of Court.
Document Type
Reply
A Temporary Hearing request must state the specific issues to be determined, the time needed, and the dates of any other already scheduled hearings or status conferences.
The request must set out the specific issue(s) to be determined at the Temporary Hearing, time needed, as well as the date(s) of any other already scheduled hearing and/or status conference.
Document Type
Temporary Hearing Request
All supporting documentation for the required pretrial 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
If no photograph is submitted, the court reporter will insert a paper describing the exhibit in its place as the exhibit attached to the transcript.
If no photograph is submitted, then a piece of paper describing the exhibit, e.g., gun, poster board, etc., will be inserted by the court reporter in its place as the exhibit attached to the transcript.
Document Type
Exhibits
Oversized or non-paper exhibits may be submitted as a digital photograph marked with an exhibit sticker.
For oversized or non-paper exhibits, e.g., guns, poster boards, etc., you may submit a digital photograph of the object marked with an exhibit sticker.
Document Type
Exhibits
Electronic signatures and scanned ink signatures are treated as personal signatures under Georgia law.
An E-Document bearing an electronic signature, e.g., / s/ NAME, or a scanned copy of an ink signature shall be treated as a personal signature for all purposes under Georgia law.
Document Type
E Document
Filing & Service rules
Electronic Filing Rules
Exhibits must be scanned individually and emailed to the court reporter due to eFileGa size limits.
Due to the size limits of eFileGa, counsel is required to scan all exhibits individually and email them to the court reporter.
Page 1 | STANDING CASE MANAGEMENT ORDER RE: EXHIBITS PROCEDURE FOR ALL CRIMINAL CASES ASSIGNED TO JUDGE BENTON'S DIVISION
Every attorney of record and every pro se litigant must register with the Court's e-filing system at www.efilega.com.
Every attorney of record and every pro se litigant must register with the Court9s e-filing system. This can be accomplished at www.efilega.com.
Page 1 | E-FILING
E-filing is mandatory for civil cases filed in Fulton County Superior Court.
E-filing is mandatory for civil cases filed in Fulton County Superior Court.
Page 1 | E-FILING
All bond motions must be filed through the odysseyefilega.com e-filing system.
All bond motions must be filed through odysseyefilega.com.
Page 2 | PLEA AND ARRAIGNMENT
All motions must be filed electronically through the odysseyefilega.com portal.
All motions must be through odysseyefilega.com.
Page 5 | Filing, Courtesy, and Service Copies
E-filing is mandatory for all civil cases except specified case types and pleadings.
E-filing remains mandatory for all civil cases, except for the following case types or pleadings: ex parte motions, adoptions, bond validations, surrogacy declaratory judgment, termination of parental rights, family violence temporary protective orders, and fieri facias ("fi.fa.") actions.
Page 2 | APPLICATION OF ORDER
Paper filing is prohibited except for incarcerated individuals without legal representation.
Except as otherwise provided herein, no party will be permitted to file paper documents in any case except for incarcerated individuals without legal representation.
Page 2 | APPLICATION OF ORDER
All documents must be filed electronically through eFileGA, and the Clerk will not accept paper filings except as provided in this Order.
Except as otherwise set forth in this Order, all Documents shall be filed electronically through eFileGA and the Clerk of Court shall not accept or file any Documents in paper form.
Page 3 | 5S. ELECTRONIC FILING OF DOCUMENTS
Plaintiffs must e-file original complaints via eFileGA, and defendants must register with eFileGA before filing a first appearance or answer.
Plaintiffs shall E-File original complaints or petitions via eFileGA. Each defendant, upon service, or who otherwise wishes to respond, shall register with eFileGA (except as expressly provided herein) prior to filing a first appearance or answer so as to ensure the timely electronic filing of its first appearance or answer in a newly filed case.
Page 3 | 5A. Original Complaints
Non-conforming materials must be filed manually with the Clerk, and the filing party must e-file a Notice of Manual Filing to be docketed in the case management system.
Non-Conforming Materials must be filed manually with the Clerk of Court. The filing party shall E-File a "Notice of Manual Filing" which shall be docketed in the Case Management System to denote that a manual filing has been made and that the material is being held by the Clerk of Court.
Page 4 | 5E. Non-Conforming Materials
Parties must e-file subsequent pleadings and discovery via eFileGA; discovery may be attached as exhibits or e-filed separately.
Parties shall E-File all Documents via eFileGA. Depositions and other discovery referenced in any E-Document may be attached electronically as exhibits, or may be e-filed separately.
Page 4 | 5B. Subsequent Pleading and Discovery
Parties must efile pre-trial submissions for cases set for trial, listing required items.
Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to efile, serve on opposing counsel by email, and submit by email to Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov), by 4 p.m. two business days before the first day of trial, the following (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court or as otherwise directed by the Court):
Page 1 | Pre-Trial Submissions
Transcripts and exhibits must be e-filed via eFileGa; exhibits are scanned individually and emailed to the court reporter, with oversized or non-paper exhibits submitted as labeled digital photographs.
All transcripts and accompanying exhibits must be e-filed by the court reporter. Due to the size limits of eFileGa, all exhibits must be scanned individually and emailed to the court reporter in accordance with the file size limitations of eFileGa and clearly labeled. If one exhibit exceeds the size limitation, it must be split up and each subpart needs to be clearly designated, such a A, B, C, or Part 1, 2, 3, etc. For oversized or non-paper exhibits, such as guns, poster boards, etc., you may submit a digital photograph of the object marked with an exhibit sticker. If no photograph is submitted, then a piece of paper describing the exhibit will be inserted by the court reporter in its place as the exhibit attached to the transcript.
Page 5 | Digital Submission of Exhibits
Parties must submit the fully consolidated pre-trial order by email directly to Judge Benton's Staff Attorney.
No later than the dates set in the parties’ operative scheduling order, the parties shall submit, by email, a fully consolidated pre-trial order directly to the Judge Benton’s Staff Attorney.
Page 1 | CONSOLIDATED PRE-TRIAL ORDERS
Parties must email their proposed verdict forms in Word format to the Staff Attorney prior to jury selection.
The parties must submit their proposed verdict forms via email in Word format to the Staff Attorney prior to jury selection.
Page 2 | TRIAL MANAGEMENT
In addition to filing jury charge requests with the Clerk, parties must email a copy to the Staff Attorney prior to jury selection.
In addition to filing jury charge requests with the Clerk, the parties shall also email a copy in Word format to the Staff Attorney prior to jury selection.
Page 2 | TRIAL MANAGEMENT
Motions in limine must also be emailed to the Staff Attorney with all counsel copied.
Motions in limine must be filed and emailed to the Staff Attorney, with all counsel copied, no later than two days before the beginning of the trial calendar.
Page 3 | 6. Motions in Limine
Exhibits and exhibit lists must be emailed to the Staff Attorney with all counsel copied.
All exhibits and exhibit lists shall be scanned individually into PDF format and emailed to the Staff Attorney, with all counsel copied, no later than two days before trial.
Page 3 | Exhibits
E-filing is mandatory in Fulton County Superior Court, including the Family Division.
Electronic filing (e-filing) is mandatory in Fulton County Superior Court as of October 5, 2015, including the Family Division.
Page 2 | MANDATORY E-FILING
Parties must register with eFilega.com to receive service of orders and other notices from the Court.
service of orders and other notices from the Court. Please visit http://www.eFilega.com for account registration, information, and training.
Page 3 | 2. E-Filing
All parties should create an eFileGA account and add a service contact to their case.
All Parties should have created an account with eFileGA and add a service contact to your case to ensure consistent
Page 2 | MANDATORY E-FILING
Parties filing via PeachCourt must also register with eFilega.com so they receive service of all filings.
All Parties filing through PeachCourt (peachcourt.com) must also register with http://www.eFilega.com in addition to PeachCourt in order to ensure service of all filings.
Page 3 | 2.3 Peach Court
Parties must provide their exhibits in digital form.
Additionally, Parties are now required to provide their exhibits in digital form.
Page 3 | 2.2 Exhibits E-Filing
A granted Petition to Withdraw is not effective until the attorney registers the client for eFileGA with a service contact.
Any granted Petition to Withdraw will not be effective until the attorney registers his/her client for eFileGA with a service contact added.
Page 11 | PETITIONS TO WITHDRAW AS COUNSEL
Electronic copies of pleadings are preferred over paper copies.
Electronic copies of pleadings are preferred.
Page 12 | MOTIONS - Deadlines
Filing Timing and Cure Windows
Plaintiff expert disclosures are due 90 days before the close of discovery.
Plaintiff Expert Disclosures 90 days before the close of discovery
Page 2 | Scheduling
Rebuttal expert disclosures are due 45 days before the close of discovery.
Rebuttal Expert Disclosures 45 days before the close of discovery
Page 2 | Scheduling
Defendant expert disclosures are due 60 days before the close of discovery.
Defendant Expert Disclosures 60 days before the close of discovery
Page 2 | Scheduling
Discovery closes 6 months from the date of the answer.
End of Discovery 6 months from the date of the answer
Page 2 | Scheduling
The Consolidated Pre-Trial Order must be filed 7 days before the Pre-Trial Conference.
Consolidated Pre-Trial Order 7 days before the Pre-Trial Conference
Page 4 | Scheduling
Dispositive motions must be filed within 30 days after the close of discovery unless the written Scheduling Order establishes a different deadline.
Unless otherwise established in the written Scheduling Order, dispositive motions must be filed within 30 days after the close of discovery.
Page 12 | MOTIONS - Deadlines
Parties must promptly and completely comply with O.C.G.A. § 17-16-4 discovery obligations by the Discovery Date deadline set in the Case Specific Scheduling Order.
The parties shall promptly and completely comply with the requirements of O.C.G.A. § 17-16-4 by the specific Discovery Date deadline as set forth in the separate CSSO entered in each defendant's case.
Page 2 | DISCOVERY
Supplemental discovery must be provided as soon as practicable and no later than five business days after receipt of additional discoverable information.
Any supplemental discovery must be supplemented as soon as practicable, but in any event no later than five business days after receipt of any additional information, documents, reports, or other matters which are subject to disclosure pursuant to applicable criminal discovery statutes.
Page 2 | DISCOVERY
Bond motions will not be heard at arraignment unless filed no later than 48 hours before the arraignment date.
Motions for bond will not be heard at arraignment unless filed no later than 48 hours prior to the arraignment date.
Page 2 | PLEA AND ARRAIGNMENT
All motions must be filed by the Motions Due Date; untimely motions will not be considered absent a showing of just cause.
The due date for all motions is the specific Motions Due Date deadline as set forth in the separate CSSO entered in each defendant's case. Motions filed after that date are untimely and will not be considered, absent a showing of just cause for the late filing. Copeland v. State, 272 Ga. 816, 817 (2000); USCR31.1.
Page 4 | MOTIONS
E-filings may be submitted 24/7 through eFileGA; filings made before midnight on a court business day are deemed filed that day even if accepted the next business day.
Parties may E-File E-Documents through eFileGA twenty four hours a day, seven days per week, except when eFileGA is offline for maintenance. E-Documents E-filed before midnight on a day when the Court was open for business shall be considered to have been filed on that day, even if the E-Filed E-Document is not accepted by the Clerk of Court until the following business day.
Page 4 | 6A. Time of Filing
E-Documents filed before midnight are deemed filed that day; filings after midnight are deemed filed the next business day.
an E-Document E-Filed on a Friday at 11:58 p.m. will be considered to have been filed that Friday. In contrast, an E-Document E-Filed five minutes later, on Saturday at 12:03 a.m., will be considered to have been filed the following Monday.
Page 5 | 6(A)
E-Documents are deemed filed as of the initial E-Filing date and time, not the date of clerk acceptance.
Upon acceptance, the submitted E-Document shall be entered into the docket of the case. An E-Document shall be deemed to have been filed as of the date and time it was initially E-Filed as defined above in Paragraph 6(A) and ot the date and time it was accepted by the Clerk of Court.
Page 5 | 6(C)
Pre-trial submissions are due by 4 p.m. two business days before trial, with an exception for short notice.
Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to efile, serve on opposing counsel by email, and submit by email to Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov), by 4 p.m. two business days before the first day of trial, the following (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court or as otherwise directed by the Court):
Page 1 | Pre-Trial Submissions
Production requests for incarcerated defendants or witnesses must be submitted in writing and received at least 30 business days before the scheduled court appearance.
Parties must submit their request in writing to Litigation Manager Stephanie Cooper, and the production request must be received no later than 30 business days before the scheduled court appearance.
Page 7 | Court Production Order
Plaintiff/Petitioner consolidates the pre-trial order, and all other parties must provide their portions to Plaintiff/Petitioner no later than two days before the due date.
Plaintiff/Petitioner shall be responsible for consolidating the pre-trial order. All other parties shall provide their portions of the consolidated pre-trial order to the Plaintiff/Petitioner no later than two days prior to the due date.
Page 1 | CONSOLIDATED PRE-TRIAL ORDERS
The fully consolidated pre-trial order is due no later than the dates set in the parties' operative scheduling order.
No later than the dates set in the parties’ operative scheduling order, the parties shall submit, by email, a fully consolidated pre-trial order directly to the Judge Benton’s Staff Attorney.
Page 1 | CONSOLIDATED PRE-TRIAL ORDERS
Conflict letters must be submitted one week before the trial calendar begins.
Conflict letters must be submitted one week before the trial calendar begins and shall comply fully with Rule 17.1 of the Uniform Superior Court Rules.
Page 2 | CONFLICTS
Motions in limine must be filed no later than two days before the beginning of the trial calendar.
Motions in limine must be filed and emailed to the Staff Attorney, with all counsel copied, no later than two days before the beginning of the trial calendar.
Page 3 | 6. Motions in Limine
Exhibits and exhibit lists must be submitted to the Staff Attorney no later than two days before trial.
All exhibits and exhibit lists shall be scanned individually into PDF format and emailed to the Staff Attorney, with all counsel copied, no later than two days before trial.
Page 3 | Exhibits
The deposition dispute list and relevant deposition text must be provided to the Staff Attorney no later than two days before the beginning of the trial calendar.
If the parties cannot agree on what portions of the deposition testimony, if any, should be excluded, the objecting party must prepare a list of page and line numbers at issues and provide the list, along with the relevant text from the deposition to the Staff Attorney no later than two days before the beginning of the trial calendar.
Page 3 | 5. Depositions Used at Trial
Conflicts must be substantiated with a conflict letter filed with the Clerk and received by the Court at least 7 days before the date of conflict; non-compliant letters are denied.
CONFLICT LETTERS Any conflicts must be substantiated with a timely conflict letter in full compliance with U.S.C.R. 17.1 which letter is filed with the Clerk's office and received by the Court at least seven days prior to the date of conflict pursuant to
Page 4 | 4. CONFLICT LETTERS
Parties must file an Affidavit of Publication from the Fulton County Daily Report with the clerk's office within 60 days of entry of the Order or the case will be dismissed.
Service by Publication and must file with the clerk's office an Affidavit of Publication from the Fulton County Daily Report within 60 days of entry of the Order or the case shall stand DISMISSED.
Page 5 | SERVICE
Notices of Discovery Dispute and Motions to Compel must be filed no later than 60 days from the due date of the response or event at issue.
must be filed no later than sixty (60) days from the due date of the response or event (e.g. deposition) that is the subject of the notice or motion.
Page 6 | DISCOVERY
Daubert motions must be filed no later than 45 days in advance of trial.
For any Daubert motion, such motion must be filed no later than forty-five (45) days in advance of trial.
Page 7
Service and Proof of Service Rules
To seek service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 90 days of filing the case or the case stands dismissed.
In order to seek an order for service by publication, the Petitioner must file proof of attempted service on Respondent at Respondent9s 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 | Service
Petitioner must file proof of service of the initial Petition within 90 days of filing the case or the case stands dismissed, absent proof of diligence and leave of court.
Petitioner must file proof of service of the initial 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 | Service
Petitioner must file an Affidavit of Publication from the Fulton County Daily Report with the clerk's office within 45 days of entry of the Order for Service by Publication or the case stands dismissed.
must file with the clerk9s office an Affidavit of Publication from the Fulton County Daily Report within 45 days of entry of the Order or the case shall stand DISMISSED.
Page 2 | Service
After an Order for Service by Publication is granted, Petitioner must publish Notice in the Fulton County Daily Report within 15 days of entry of the Order.
If an Order for Service by Publication is granted by the Court, Petitioner must publish Notice in the Fulton County Daily Report within 15 days of entry of the Order for Service by Publication
Page 2 | Service
Discovery requests must be served early enough that responses are due on or before the last day of the discovery period.
All discovery requests must be served early enough so that the responses thereto are due on or before the last day of the discovery period.
Page 6 | DISCOVERY - Deadlines
Expert notice must be provided seven days before any evidentiary hearing requiring expert testimony.
and seven days before any evidentiary hearing requiring expert testimony.
Page 3 | Experts
Expert notice must be provided at least 14 days before the Final Plea/Trial Calendar Call.
The notice must be provided at least 14 days before the Final Plea/Trial Calendar Call
Page 3 | Experts
Self-represented litigants without an email address must be served by U.S. mail or personal service, provided they certify in their initial filing that they lack an email and cannot register.
il. Ifa Self-Represented Litigant does not have an e-mail address and therefore cannot register for an eFileGA account, the other parties to the litigation must serve the Self-Represented Litigant via U.S. mail or personal service. To qualify for such non-electronic service, the Self-Represented Litigant must make a certification in his/her initial filing that he/she does not have an e-mail address and therefore cannot register for an eFileGA account.
Page 3 | F. Self-Represented Litigants
Documents filed after the Original Complaint or Petition must be served electronically through eFileGA.
Except as otherwise set forth in this Order, for any Document filed subsequently to an Original Complaint or Petition, a party shall make service upon other parties electronically through eFileGA. Parties shall receive all Documents E-Filed and E-Served upon them via eFileGA.
Page 6 | 8(B)
Original Complaints and Petitions must be served via traditional means (personal service or other statutory means).
All parties initiating a civil action must still make service upon any opposing parties of Original Complaints and Petitions via traditional means, i.e., personal service or other means allowable under applicable statutes.
Page 6 | 8(A)
E-service via eFileGA is valid and effective service with the same legal effect as paper service.
E-Service of an E-Document via eFileGA shall be considered valid and effective service and shall have the same legal effect as an original paper Document sent via traditional means, e.g., U.S. mail and hand delivery.
Page 7 | D. Effect of Electronic Service
Registered users receive e-service of all e-documents except subpoenas and summonses.
Registered users shall receive E-Service of E-Documents, other than service of subpoenas or summonses.
Page 7 | E. Service on Parties: Time to Respond or Act. ii.
Parties must serve pre-trial submissions on opposing counsel by email.
Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to efile, serve on opposing counsel by email, and submit by email to Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov), by 4 p.m. two business days before the first day of trial, the following (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court or as otherwise directed by the Court):
Page 1 | Pre-Trial Submissions
Proposed voir dire questions must be emailed to all opposing parties at least two days before the beginning of the trial calendar.
Parties must submit to the Staff Attorney a courtesy copy, emailed to all opposing parties, with all proposed voir dire questions at least two days before the beginning of the trial calendar.
Page 2 | TRIAL MANAGEMENT
Petitioner must file proof of service of the initial Petition and related filings within 90 days of filing, or the case is dismissed, absent proof of diligence or leave of Court.
Petitioner must file proof of service of the initial Petition and related filings within ninety (90) days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court.
Page 4 | 6. SERVICE
To seek service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 45 days of filing, or the case is dismissed.
In order to seek an order for service by publication, the Petitioner must file proof of attempted service on Respondent at Respondent's last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 45 days of filing the case or the case shall stand DISMISSED.
Page 4 | 6. SERVICE
Exhibits for Temporary and Motions hearings before Judicial Officer Miller must be emailed two full business days in advance as a single PDF per side, numbered, with opposing counsel copied.
For hearings before Judicial Officer Miller, all Exhibits for Temporary and Motions hearings must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.
Page 9
Parties are ordered to exchange exhibits at least 48 hours before a hearing.
The parties are ORDERED to exchange exhibits at least 48 hours prior to a hearing.
Page 9
Parties are ordered to exchange exhibits 48 hours before trial and a contempt hearing unless the Court directs otherwise.
Parties are ORDERED to exchange exhibits forty-eight (48) hours prior to trial and a contempt hearing unless directed otherwise by the Court.
Page 10 | 9.4 Final Trials
Exhibits for Final Hearings before Judicial Officer Miller must be emailed two full business days in advance as a single PDF per side, numbered, with opposing counsel copied.
For all Final Hearings before Judicial Officer Greg Miller, all Exhibits must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.
Page 10 | 9.4 Final Trials
Electronic service is legally sufficient for pleadings, except the initial complaint and summons.
Electronic service of pleadings, other than the initial complaint and summons, is legally sufficient.
Page 1 | E-FILING
The Court typically will not enforce private agreements to conduct discovery beyond the discovery period and ordinarily will not compel responses to discovery requests served too late for timely responses.
The Court typically will not enforce private agreements between the parties to conduct discovery beyond the end of the discovery period, nor will the Court ordinarily compel responses to discovery requests that were not served in time for responses to be made before the discovery period runs.
Page 6 | DISCOVERY - Deadlines
A defendant opting into reciprocal discovery must provide written notice to the prosecuting attorney at or prior to arraignment.
Any defendant opting into reciprocal discovery shall provide written notice to the prosecuting attorney at or prior to arraignment.
Page 2 | PLEA AND ARRAIGNMENT
Registered users must update their contact information with eFileGA within 10 days of any change; failing to update email may result in missed E-Service.
Registered users are required to update their contact information with eFileGA, including changes in employer, firm name, delivery address, fax number, telephone number, and/or e-mail address within ten days of such change. Failure to update one's e-mail address in a timely manner may result in the failure to receive E-Service of Documents.
Page 3 | E. Change in Information
All parties must provide a service contact e-mail address to receive E-Service.
Contact. All parties must include a service contact e-mail address to receive E-Service. It is the responsibility of every attorney and Self-Represented Litigant to ensure he/she is listed as a service contact for every case in which he/she appears, subject to the exception in Section 4(F)(ii) or any other exception from
Page 6 | 8(C)
Filing Fees and Waivers
Statutory filing fees to initiate a cause of action must be paid electronically, except that PAT users may pay in person.
REQUIRING FEE PAYMENT. A. Any Document requiring payment of a statutory filing fee in order to initiate a cause of action and achieve valid filing status shall be paid electronically, except for filers utilizing PATs, who may tender payment in person in a form approved by
Page 7 | 10. COLLECTION OF FEES FOR INSTRUMENTS REQUIRING FEE PAYMENT. A.
Indigent parties may obtain waiver of filing, e-filing, and e-service fees by e-filing an in forma pauperis order with their entry of appearance and using the waiver code.
C. Ifa party is exempt from paying statutory filing fees or other fees because the Court has determined that the party is indigent, the party must E-File an in forma pauperis Order along with his/her entry of appearance. The indigent party shall select the waiver code as payment and the statutory filing fees, E-Filing fees, and E-Service fees shall be waived for parties with valid in forma pauperis status in that particular case.
Page 8 | 10. COLLECTION OF FEES FOR INSTRUMENTS REQUIRING FEE PAYMENT. C.
Filing fees apply to all e-filing transactions.
Filing fees will apply for all e-filing transactions.
Page 3 | 2. E-Filing
Usage and convenience fees for eFileGA are waived for self-represented litigants filing at a public access terminal.
Filing at a PAT does not require registering for an eFileGA account and usage and convenience fees for eFileGA are waived.
Page 3 | F. Self-Represented Litigants
The vendor may charge fees for e-filing, access, and e-service, payable at the time of use, in addition to statutory filing fees.
Fees may be charged by the Vendor to parties for E-Filing E-Documents, access to E-Documents and/or dockets, and E-Service of E-Documents. These fees shall be payable to the Vendor at the time of filing, access, service, etc. and are in addition to any statutory filing fees.
Page 8 | 10. COLLECTION OF FEES FOR INSTRUMENTS REQUIRING FEE PAYMENT. B.
Courtesy Copy Requirements
Movants must provide courtesy copies of motions and related filings to the Court; timing, number of copies, and delivery method are not specified (electronic copies of pleadings are preferred).
Movants must provide courtesy copies of motions and related filings to the Court.
Page 12 | MOTIONS - Deadlines
A courtesy copy of any extension motion must be emailed to Judge Benton's Chambers (Stephanie Cooper).
As with all motions, a courtesy copy of any motion for extension must be provided to Judge Benton's Chambers via email to Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov).
Page 3 | Extensions
Courtesy copies are mandatory for documents filed under seal and all non-conforming materials.
Parties must provide courtesy copies to the Court of all Documents filed under seal and all Non-Conforming Materials.
Page 7 | 9. COURTESY COPIES TO THE COURT
Parties must provide two hard copies of the exhibit list to the Court and one copy to each opposing party 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.
Page 5 | Exhibits
Parties must submit a courtesy copy of all proposed voir dire questions to the Staff Attorney at least two days before the trial calendar begins.
Parties must submit to the Staff Attorney a courtesy copy, emailed to all opposing parties, with all proposed voir dire questions at least two days before the beginning of the trial calendar.
Page 2 | TRIAL MANAGEMENT
Parties must send courtesy copies to the Court, with email as the preferred submission method.
transactions. Parties are still required to send courtesy copies to the Court, and email is the preferred means of
Page 3 | 2. E-Filing
Parties must deliver physical courtesy copies to chambers for motions, briefs, responses, or related filings exceeding 35 pages (including exhibits), instead of emailing them.
all motions, briefs, responses or other related filings that exceed 35 pages in length (including exhibits), the Parties are directed to deliver physical courtesy copies of same to Court chambers in lieu of emailing same.
Page 7
For Judge Benton hearings, parties must provide paper copies at the in-person hearing.
For hearings before Judge Benton, the parties are ORDERED to provide paper copies for Judge Benton at the in-person hearing.
Page 9
For Judge Benton cases, physical copies of trial exhibits must be delivered to the Court 24 hours before trial unless the Court directs otherwise.
For cases before Judge Benton, parties are to deliver physical copies of trial exhibits to the Court twenty-four (24) hours prior to trial unless directed otherwise by the Court.
Page 10 | 9.4 Final Trials
Courtesy copies of all post-judgment matters must be sent to Stephanie Cooper by email.
Courtesy copies of all post judgment matters should be sent to Stephanie Cooper at stephanie.cooper@fultoncountyga.gov.
Page 11 | POST-JUDGMENT MATTERS
Because e-filing does not automatically notify the Court, parties should e-mail a copy of any filing they want brought to the Court's attention to the Staff Attorney.
E-filing does not provide automatic notice to the Court of filings. While e-filing ensures that your pleadings and other documents are made part of the official record, it does not necessarily result in that pleading or document reaching the desk of either the Senior Staff Attorney or the Judge. If there is a filing that you want to be sure is brought to the attention of the Court, you should e-mail a copy of same to the Staff Attorney.
Page 1 | E-FILING
Parties filing bond motions must email a courtesy copy to the Litigation Manager.
Parties filing motions are required to deliver a courtesy copy via email to Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov).
Page 2 | PLEA AND ARRAIGNMENT
In an unresolvable discovery dispute, parties should first file a Notice of Discovery Dispute and email a courtesy copy to the Litigation Manager rather than file a formal motion.
in the event of an unresolvable dispute, rather than file a formal motion the parties should first file Notice of Discovery Dispute pursuant to a FCSCFD Rule 4000-6.1.2 and email a courtesy copy to the Litigation
Page 5 | DISCOVERY
Parties must send courtesy copies of all motions and responses to motions to the Court via the appropriate contact; failure to comply may result in denial of the requested relief.
The parties are ordered to send courtesy copies of all motions and responses to motions to the Court via the "Appropriate Contact" identified in Section above. 1 Failure to comply with this directive may result in denial of the requested relief.
Page 6 | MOTIONS
Courtesy copies of the submitted documents must be emailed to Litigation Manager Stephanie Cooper one week prior to the hearing date.
Please email Litigation Manager, Stephanie Cooper at stephanie.cooper@fultoncountyga.gov with courtesy copies one week prior to the hearing date.
Page 8 | 9.1 Status Conferences
Parties may optionally deliver courtesy copies of documents to the Court, or may be required to do so.
Parties may elect (or may be required) to deliver courtesy copies of Documents to the Court.
Page 7 | 9. COURTESY COPIES TO THE COURT
Sealing & Redaction Procedures
Sealed documents must be manually filed in paper with the Clerk along with a sealing order, and a Notice of Filing under Seal must be e-filed (or included with the larger document if the sealed item is an exhibit).
Consistent with Uniform Superior Court Rule 36.16(B), E-Filing is prohibited for Documents that are required to be filed under seal. Documents to be filed under seal therefore must be manually submitted to the Clerk of Court in paper form, accompanied by an Order sealing the Documents submitted. Also, filers submitting Documents to be filed under seal are required to E-File a "Notice of Filing under Seal". If the Document to be filed under seal is an exhibit to another Document, a notice indicating that this particular Document has been filed under seal may be included in the larger filed E-Document as an alternative to filing a separate notice.
Page 4 | 5D. Filing of Documents under Seal
Filing Bundling Requirements
Individual submissions of pre-trial order portions are prohibited unless accompanied by written certification of good-faith efforts to consolidate.
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.
Page 1 | CONSOLIDATED PRE-TRIAL ORDERS
Pre-Motion Conference Requirements
Parties are encouraged to raise potential discovery disputes informally first, and if that fails the aggrieved party must notify the Court by letter or e-mail demonstrating compliance with Uniform Superior Court Rule 6.4 and providing sufficient information and/or documentation.
Direct, informal communication is encouraged between the parties to address potential discovery disputes before they become actual discovery disputes. If that fails, an aggrieved party must notify the Court of the discovery dispute by submitting a letter/e-mail demonstrating compliance with Uniform Superior Court Rule 6.4 and providing sufficient information and/or documentation.
Page 8 | Disputes
No party may file a motion to compel or for a protective order without first discussing the issue with opposing parties (including in disputes with non-parties), and motions to compel that do not comply with Rule 6.4 will be denied.
No party may file a motion to compel or a motion for a protective order without first having discussed the issue with opposing parties. This stricture applies to disputes with non-parties as well. Motions to compel that do not comply with Rule 6.4 will be denied.
Page 8 | Disputes
The Court encourages (but does not require) parties to request discovery, pre-trial, or settlement conferences with specific goals, and will meet in chambers, in court, or by phone.
Discovery, pre-trial, and settlement conferences promote the speedy, just, and efficient resolution of cases. Therefore, the Court encourages the parties to request a conference whenever they believe that such will be helpful and have specific goals for the conference. The Court will accommodate the parties by meeting in chambers, in court, or over the phone, consistent with the parties9 schedules and preferences.
Page 4 | Conferences
Adjournment & Extension Requirements
To modify the Case-Specific Scheduling Order, the moving party must email the Staff Attorney, with all parties copied, a proposed Revised Scheduling Order including all proposed deadline extensions and a statement of whether the Court has previously granted extension requests.
In the event a modification to the CSSO is requested, the moving party shall submit a proposed Revised Scheduling Order, including all proposed deadline extensions and a statement indicating whether the Court has previously granted extension requests, to the Staff Attorney via email, with all parties copied.
Page 2 | Scheduling
Participation in mediation or other ADR does not excuse or delay discovery, motion, or trial deadlines (i.e., ADR is not grounds for extensions or adjournments).
Participation in mediation or some other form of ADR shall not delay discovery, motions, or trial.
Page 4 | Mediation/Alternative Dispute Resolution (ADR)
Parties must immediately notify the Court of any problem or dispute that could delay the case or cause a missed 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 4 | Extensions of Time
Discovery extension requests must include a description of discovery conducted to date, the requested extension, a schedule of outstanding discovery, and an explanation of 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 deadline(s) set in the original CSSO was insufficient.
Page 6 | DISCOVERY - Deadlines
Any request to extend discovery deadlines must be accompanied by a proposed Revised Scheduling Order listing all proposed extensions and stating whether the Court has previously granted extension requests.
In the event an extension to the discovery deadline(s) established in the CSSO 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 6 | DISCOVERY - Deadlines
Extension requests for the Discovery Date deadline must be submitted by written motion by that deadline, with a detailed explanation and the amount of time needed.
Any request for an extension of the Discovery Date deadline shall be submitted by written motion to the Court by the Discovery Date deadline. Such motions must provide a detailed, fact-based explanation of the need for the extension including the amount of time needed to provide outstanding discovery, along with a proposed order for the Court's consideration.
Page 3 | Extensions
The Final Plea Date cannot be reset without good cause and an express court order.
The Final Plea Date shall not be reset absent good cause shown and express order of this Court.
Page 6 | Final Plea and Trial Calendar Call
A party seeking a continuance or status conference must notify the court in writing at least seven days before the Final Plea/Trial Date and identify the specific grounds.
In the event a party intends to seek a continuance or has any other problem with going forward with trial on the assigned Final Plea and Trial Date due to incomplete production of discovery, incomplete witness information, client difficulties, a request for a psychological evaluation, or otherwise, that party must notify the court by written request for a continuance and/or a status conference at least seven days before the Final Plea/Trial Date absent good cause shown. The written request must specifically identify the grounds for the continuance, conference, or other problems with going forward with trial.
Page 6 | Continuance/Request for Status Conference
Leave of absence requests must be filed and served pursuant to U.S.C.R. 16.1 or 16.2 and after entry of appearance of counsel; otherwise they are denied.
Note that any Leave of Absence not filed or served pursuant to U.S.C.R. 16.1 or 16.2, or filed prior to entry of appearance of counsel in the case at issue and not served upon chambers, stands denied under U.S.C.R. 16.4.
Page 7 | APPEARANCE AT ALL CALENDARS AND HEARINGS
No exceptions, extensions, or waivers to the order's requirements without express court permission.
Absent express permission from the Court, no exceptions, extensions, or waivers to the requirements set forth herein are allowed.
Page 1 | General
Modifying any deadline, status conference, or hearing date requires court approval even if all parties consent.
Modification of any deadline, status conference, or hearing date requires approval of the Court, even if all Parties consent to the change.
Page 2 | APPROPRIATE CONTACTS
A leave request is automatically granted if it complies with U.S.C.R. 16.1, does not exceed 30 days, no prior calendar notice was given, opposing counsel files no written objection within 10 days, and the Court does not deny within 10 days.
If the requested leave complies with the requirements of U.S.C.R. 16.1, does not exceed thirty days, the Parties have not been given oral or written notice that this matter will be scheduled on the Court's calendar during the requested leave period, opposing counsel does not file a written objection within ten (10) days with copies to the Court and all counsel of record, and the Court does not respond within ten (10) days denying, the request for leave is GRANTED.
Page 3 | 3. LEAVES OF ABSENCE APPLICATIONS
Continuances are granted and parties excused from a calendar only upon written confirmation from the Court, which may be by email.
Continuances are not granted and Parties are not excused from a calendar unless they receive written confirmation from the Court which may be by email.
Page 4 | 5. REQUESTS FOR CONTINUANCE
Failure to secure a court reporter is not grounds for a continuance.
Failure to secure a court reporter will not be grounds for a continuance.
Page 11
Extension requests must explain the unanticipated or unforeseen circumstances necessitating the extension and include a timetable for completing the task.
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 4 | Extensions of Time
Outstanding forensic testing must be brought to the Court's attention via a timely extension request filed before the Discovery Deadline.
Any outstanding forensic testing requested by either party must be brought to the Court's attention by way of a timely request for extension filed prior to the Discovery Deadline to prevent delays in the trial and other Court dates and deadlines.
Page 3 | Extensions
Substitution of counsel shortly before trial is not adequate grounds for a continuance.
Substitution of counsel shortly before trial will not be adequate grounds for a continuance. See also U.S.C.R. 4.3(3) ("substitution shall not delay any proceeding").
Page 8 | MISCELLANEOUS
If e-service fails due to listed errors, the served party is entitled to an order extending the response deadline, unless extraordinary circumstances exist.
If E-Service does not occur because: (1) an error occurred in the transmission of the E-Document to eFileGA which was unknown to the sending party; (2) an error occurred in the transmission of the E-Document to the receiving party which was unknown to the sending party; (3) of a failure to timely process the Document when received by eFileGA; (4) a party was erroneously excluded from the service list through no fault of the receiving party; or (5) of other technical problems experienced by the filer, the party being served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within with any right accrues or any duty or other act must be performed.
Page 7 | F. System or User Filing Errors
Extensions to submit proposed pre-trial orders are granted only for good cause.
Extensions for submitting proposed pre-trial orders will be granted only for good cause.
Page 1 | CONSOLIDATED PRE-TRIAL ORDERS
Requests to extend or change deadlines, status conferences, or hearing dates should be made as early as the need becomes apparent.
Requests that the Court extend or change a deadline, status conference, or hearing date should be made as early as the need becomes apparent.
Page 2 | APPROPRIATE CONTACTS
A leave of absence does not relieve a party of filing or response deadlines arising during the leave period.
A leave of absence does not relieve a Party of the obligation to comply with filing or response deadlines for discovery, motions, briefs or pleadings which may arise during the period of the leave.
Page 3 | 3. LEAVES OF ABSENCE APPLICATIONS
Leave of absence applications are denied if the requested leave exceeds 30 days or the parties received notice the case is on the Court's calendar during the leave.
Leaves of Absence Applications are DENIED if the time requested exceeds thirty days total or the Parties have received prior notice either orally or in writing that this case is scheduled to appear on the Court's calendar during the period of the requested leave. See U.S.C.R. 16.2.
Page 3 | 3. LEAVES OF ABSENCE APPLICATIONS
Requests for continuances must be in writing and are granted only for legal excuses.
Requests for continuances must be in writing, and will be granted for legal excuses only.
Page 4 | 5. REQUESTS FOR CONTINUANCE
Parties may not stipulate to extend the compellable discovery period without a further order of the Court.
The Parties may not stipulate to an extension of the compellable discovery period described above absent further order of the Court.
Page 5 | DISCOVERY
Requests to extend the compellable discovery period must be made before the discovery period expires, absent good cause.
Any request for an extension of the compellable discovery period must be made prior to the expiration of the discovery period absent good cause shown.
Page 6 | DISCOVERY
Chambers Communication Rules
Additional briefing is prohibited without leave of court, which may be requested by email explaining why it is necessary.
No party may file additional briefing without leave of court, which may be requested by email explaining why additional briefing is necessary.
Page 12 | MOTIONS - Deadlines
The Rule 6.3 pleading requesting oral argument on summary judgment must also be e-mailed to the Staff Attorney.
That Rule 6.3 pleading must also be e-mailed to the Staff Attorney.
Page 14
Communications with Chambers must be in writing, emailed to the Litigation Manager, and copied to all counsel of record unless the matter is a proper ex parte filing.
While the Court encourages counsel to communicate with Chambers, such communication shall be in writing and emailed to Litigation Manager Stphanie Cooper (Stephanie.Cooper@fultoncountyga.gov) with copies of such communication also provided to all counsel of record unless the matter is a proper ex parte filing.
Page 1 | COMMUNICATING WITH THE COURT
Pre-trial submissions must be emailed to Litigation Manager Stephanie Cooper at a specified address.
Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to efile, serve on opposing counsel by email, and submit by email to Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov), by 4 p.m. two business days before the first day of trial, the following (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court or as otherwise directed by the Court):
Page 1 | Pre-Trial Submissions
Proposed orders are submitted by email to Litigation Manager Stephanie Cooper and opposing counsel within three business days.
to the Court. Proposed orders shall be submitted by email to Litigation Manger Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov) and opposing counsel simultaneously and within three business days of the pronouncement of that order or judgment, unless directed otherwise
Page 6 | Preparation of Orders
Interpreter requests must be submitted in writing via email to the Litigation Manager at least five business days before the hearing.
Upon request, the Court will provide interpretation services for any non-English speaking or hearing-impaired Defendant or witness. The request for an interpreter must be submitted in writing via email to the Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov) no later than five business days prior to the hearing date.
Page 6 | REQUEST FOR COURT SERVICES
Upon receipt of the trial calendar, parties must contact Judge Benton's Staff Attorney (sentence is truncated at a page break, likely continuing regarding settlement).
Upon receipt of the calendar, the parties are ordered to contact the Staff Attorney for Judge Benton
Page 1 | TRIAL DATES AND NOTICE
Parties must copy the opposing party or counsel on all communications with the Court.
When communicating with the Court, Parties are required to ensure that the opposing party or counsel, as appropriate, is copied on all communications.
Page 1 | CONTACTING THE COURT
All communications with the Court must include the case number in the subject line.
All communications with the Court must contain the case number in the subject line.
Page 1 | CONTACTING THE COURT
All parties must be copied on all emails sent to the Court.
All Parties MUST be copied on emails to the Court.
Page 2 | APPROPRIATE CONTACTS
Parties must ensure opposing parties and counsel are copied on all communications with the Court.
When communicating with the Court, parties are reminded to ensure that the opposing parties and counsel, as appropriate, are copied on all communications.
Page 1 | CONTACTING THE COURT
When a dispositive motion is ripe for adjudication, parties are invited to submit proposed orders for review by emailing them directly to the Staff Attorney.
When a dispositive motion is ripe for adjudication, the parties are invited to submit proposed orders for review. All proposed orders should be submitted electronically via email directly to the Staff Attorney, in Microsoft Word format.
Page 14 | Proposed orders
Counsel should avoid telephoning chambers except in exceptional circumstances.
To prevent miscommunications and inappropriate ex parte communications, avoid telephoning chambers except in exceptional circumstances.
Page 1 | COMMUNICATING WITH THE COURT
Attorneys must provide an email address through odysseyefilega.com at entry of appearance and must ensure emails are monitored or forwarded so messages are received.
At the entry of appearance of counsel, attorneys are required to provide an email address through odysseyefilega.com. If you do not personally check your emails, you must arrange to have your emails forwarded to someone in your office who will be responsible for checking them and informing you of the messages/documents that have been sent.
Page 1 | COMMUNICATING WITH THE COURT
All case questions, explanations, and discussions must be submitted by email with a copy to opposing counsel to avoid ex parte communications; appropriate ex parte communications are excepted.
To avoid inappropriate ex parte communications, submit all questions, explanations, or discussions concerning your case by email, with a copy to opposing counsel. Appropriate ex parte communications are excepted from this rule.
Page 1 | COMMUNICATING WITH THE COURT
Parties should not contact various chambers staff seeking a different answer, except for conflict letters per Section 4.
returned. should NOT attempt to contact various Chambers staff with the hopes of of receiving a different answer to a question or request with the exception emailing Conflict Letters as specifically stated in Section 4 below.
Page 1 | CONTACTING THE COURT
Parties should contact only the designated chambers staff member for their matter; emails copying multiple staff members will not be returned.
are cautioned that Chambers staff each handle specific aspects of the case procedure; therefore, they should contact ONLY the appropmiate staff member. Emails copying multiple staff members, instead of the one Parties appropriate staff member designated below, will not be returned.
Page 1 | CONTACTING THE COURT
Communication with the Court should be conducted by email.
Communication with the Court should be conducted via email.
Page 2 | APPROPRIATE CONTACTS
Conflict letters for hearings before Judge Benton must be filed in each case and emailed to specified addresses with the designated subject line.
Conflict Letters for hearings before Judge Benton are to be filed in each case and emailed to jessica.cummings@fultoncountyga.gov and ashley.williams@fultoncountyga.gov with the following subject line: JUDGE BENTON - CONFLICT LETTER CASE NAME CASE NUMBER.
Page 4 | 4. CONFLICT LETTERS
Parties are not excused from the calendar for a conflict unless they receive confirmation from the Court.
Parties are not excused from the calendar unless or until they have received confirmation from the Court.
Page 4 | 4. CONFLICT LETTERS
If a matter listed in a conflict letter is disposed of before the end of the calendar, counsel must immediately notify all Parties and the Court and proceed with the remaining cases absent good cause.
In the event any matter listed in the conflict letter is disposed of prior to the end of the calendar, counsel shall immediately notify all Parties and the Court and proceed with the remaining cases absent good cause shown pursuant to U.S.C.R. 17.1(C).
Page 4 | 4. CONFLICT LETTERS
Conflict letters for hearings before Judicial Officer Greg Miller must be filed in each case and emailed to specified addresses with the designated subject line.
Conflict Letters for hearings before Judicial Officer Greg Miller are to be filed in each case and emailed stephanie.cooper@fultoncountyga.gov and to ashley.williams@fultoncountyga.gov with the following subject line: JUDICIAL OFFICER GREG MILLER- CONFLICT LETTER CASE NAME CASE~ - NUMBER.
Page 4 | 4. CONFLICT LETTERS
Copies of documents served on the opposing party should be emailed to the Court at the same time.
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 Staff Attorney Jessica Cummings for hearings before Judge Benton, or Litigation Manager Stephanie Cooper for hearings before Judicial Officer Miller.
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Indigent pro se parties must email the staff attorney or litigation manager at least one week before the hearing to request a court-provided court reporter.
For Pro-se Parties who have been determined to be indigent by the Court, they are required to email Jessica.cummings@fultoncountyga.gov for hearings before Judge Benton and stephanie.cooper@fultoncountyga.gov for hearings before Judicial Officer Greg Miller no later than one week in advance of the hearing to request a Court provided court reporter.
Page 10 | 9.55 Take Down