Judge Charles M. Eaton Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Extension Motions
Filings > 35 pages
- Hand Delivery
Media Exhibit
- 5 copies
Adjournments
- Court approval is required to modify any deadline, status conference, or hearing date; such requests should be made as early as possible.
- Leaves of Absence are denied if over 30 days or prior calendar notice; otherwise granted unless opposing counsel objects within 10 days and the Court does not deny within 10 days; leaves do not excuse compliance with filing deadlines.
- Requests for continuance must be in writing, granted only for legal excuses, and require written (including email) confirmation from the Court.
- +4 more
Request must include
- Discovery extension requests must be filed by written motion at least 5 days before the deadline and must include a detailed, fact-based explanation and a proposed order.
Communication
Chambers
Chambers
Chambers, Clerk
Chambers
Phone
Chambers
Document Format Requirements4 rules
Exhibits admitted at trial must be submitted to the court reporter during trial as PDFs by email, or via flash drive, Dropbox, or CD-ROM.
All exhibits admitted during trial must be submitted to the court reporter during trial via PDF copies by email, or via flash drive, Dropbox or CD-ROM, as arranged with the court reporter.
All motions, proposed orders, and other submissions to the Court must be in Word format.
All motions, proposed orders, and other submissions to the Court shall be in WORD format.
DOCX
For matters before Judge Eaton, it is highly recommended that proposed final orders in Word format be emailed to chambers before trial.
For matters before Judge Eaton, it is highly recommended that proposed final orders in Word format be emailed to elizabeth,marum@fultoncountyga.gov prior to the start of trial.
DOCX
The courtesy copy of the proposed voir dire questions must be provided to the Court in Word format.
A courtesy copy shall be provided in Word format to the Court.
DOCX
Document Filing Requirements23 rules
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
Conflict letters must be timely, comply with U.S.C.R. 17.1, be filed with the Clerk and received by the Court at least 7 days before the conflict, and be copied to opposing parties; parties are not excused until Court confirmation, and counsel must notify all parties if a listed matter is disposed; non-compliance results in denial.
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 Clerk9s office and received by the Court at least seven days prior to the date of conflict pursuant to U.S.C.R. 17.1(B). All conflict letters must be copied to opposing parties. Parties are not excused from the calendar unless or until they have received confirmation from the Court. 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). Conflict letters are DENIED if they fail to comply with
Document Type
Conflict Letter
Expert disclosures must include specified details and be made 30 days prior to the end of discovery.
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. Disclosures shall be made 30 days prior to the end of discovery.
Document Type
Expert Disclosure
Replies and sur-replies will not be considered without prior express court permission.
No replies or sur-replies will be considered absent prior express permission of Court.
Document Type
Reply
Parties must file authenticated, admissible evidence contemporaneously with a motion to enforce a settlement (or response), e.g., via authenticating affidavits.
The Parties are directed to file contemporaneously with such motion or the response thereto, authenticated and admissible evidence. Specifically, and by way of example only, even signed settlement agreements, and email between counsel, as well as most other documents, require affidavits authenticating the documents for the Court to consider them as evidence.
Document Type
Motion
Consolidated Pretrial Orders are required, due to Chambers one week before trial by email, and must itemize each individual exhibit rather than listing general categories.
Consolidated Pretrial Orders are required and are due to Chambers one week prior to trial by email to Senior Staff Attorney Elizabeth Marum for those set before Judge Eaton, or Litigation Manager Cathy Robinson for trials set before Judicial Officer Osby. The Parties are required to itemize each individual exhibit in the Consolidated Pretrial Order and avoid listing general categories of documents
Document Type
Pretrial Order
In cases involving minor children, parties must file an updated Domestic Relations Financial Affidavit, proposed Child Support Worksheet, proposed Child Support Addendum, and proposed Parenting Plan one week before trial, emailing clean editable versions to chambers.
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 and shall email a clean, editable format of the proposed orders to elizabeth.marum@fultoncountyga.gov or cathy.robinson@fultoncountyga.gov.
Document Type
Proposed Order
A Petition to Withdraw as Counsel must comply with U.S.C.R. 4.3 and state that written notice was given to the client, ten days have elapsed, there was no objection, or withdrawal is with the client's consent.
Any Petition to Withdraw as Counsel must be in full compliance with US.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 client9s consent.
Document Type
Petition To Withdraw
Attorney fee requests must cite the authorizing statute and set forth the required factors, considerations, and legal findings; otherwise, the request is denied.
Parties seeking attorney9s 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. Absent such detail, attorney fee requests are DENIED.
Document Type
Attorney Fee Request
Motions must be particularized, specifying the specific item, statement, or event at issue; generalized and omnibus motions will be denied as vague and dilatory.
Only those motions sufficiently particularized as to provide legal notice to the opposing parties will be considered by the Court. Generalized motions 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 or statement or event at issue and must be tailored to the facts of the case at hand. Thus, a general motion seeking to suppress any and all statements or any and all evidence is insufficient and will be denied. The motion must identify the specific statement or evidence that the movant is seeking to suppress, as well as provide a theory of suppression.
Document Type
Motion
Counsel must submit all proposed voir dire questions to the Court as directed.
Counsel shall submit to the Court all proposed voir dire questions as directed above.
Document Type
Proposed Voir Dire Questions
Parties must submit all proposed jury charges; pattern charges require only the charge number, while non-pattern or modified charges require the full text with citation to supporting authority.
The parties must submit all proposed requests to charge which, for the State, includes 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. For all non-pattern or modified pattern charges, the parties are required to submit the full text and cite the case law, statutory or other authority supporting such requested charge.
Document Type
Jury Instructions
Parties intending to introduce trial exhibits must provide an exhibit list to the Court and one copy to all other parties prior to jury selection, including each exhibit's number and brief description.
Any party that intends to introduce exhibits during trial must provide an exhibit list to the Court and one copy to all other parties prior to jury selection. 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
Leaves of Absence must comply with U.S.C.R. 16.1, 16.2, and 16.4; non-compliance results in denial.
All Leaves of Absence must be filed in conformance with the provisions of U.S.C.R. 16.1, 16.2, and 16.4. Any Leave of Absence not in compliance with these rules, or any part thereof, are DENIED.
Document Type
Leave Of Absence Application
Motions for an extension 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
Parties may not file non-specific 'form' motions to compel; any motion to compel must itemize articulable, case-specific instances of non-compliance.
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
Each motion in limine must be a separate document attached to the email and limited to discrete evidentiary or procedural matters.
All motions in Jimine. Each such motion shall be a separate document and attachment to the email to opposing counsel and to Ms. Marum. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence.
Document Type
Motion In Limine
Exhibits should be marked and digitized (scanned) before trial.
Document Type
Exhibit
A conflict letter must comply with all subsections of USCR 17.1 for the attorney to be deemed to have a conflict under USCR 17.1(A).
Unless USCR 17.1 is followed in all its subsections, then the attorney shall not be deemed to have a conflict pursuant to USCR 17.1(A).
Document Type
Conflict Letter
Stipulations must be in writing, signed by the parties, and presented to the Court outside the jury's presence; oral stipulations before the jury require prior Court permission.
All stipulations must be made in writing, signed by the parties and presented to the Court outside the presence of the jury. No counsel should offer to enter into a stipulation orally before the jury, unless prior permission is granted by the Court.
Document Type
Stipulation
A Leave of Absence must be filed pursuant to USCR 16.1 or 16.2, after entry of appearance of counsel, and be served upon chambers, or it stands denied under USCR 16.4.
Note that any Leave of Absence not filed pursuant to USCR 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 USCR 16.4.
Document Type
Leave Of Absence
Counsel may file a Waiver of Arraignment before the hearing indicating a not guilty plea and waiver of formal arraignment.
Prior to the hearing date, counsel may file a Waiver of Arraignment, indicating that the defendant is entering a plea of 'Not Guilty' and waiving formal arraignment.
Document Type
Waiver Of Arraignment
The witness list need list only the witnesses' names and titles/positions and is separate from pre-trial discovery requirements.
Witness list. 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
Filing & Service rules
Electronic Filing Rules
E-filing is mandatory in Fulton County Superior Court including the Family Division; parties must create an eFileGA account and add a service contact.
Electronic filing (e-filing) is mandatory in Fulton County Superior Court as of October 5, 2015, including the Family Division. All Parties should have created an account with eFileGA and add a service contact to your case to ensure consistent service of orders and other notices from the Court.
Page 2 | MANDATORY E-FILING
A granted Petition to Withdraw is not effective until the attorney registers the client for eFileGA with a service agent.
Any granted Petition to Withdraw will not be effective until the attorney registers his/her client for eFileGA with a service
Page 10 | 12. PETITIONS TO WITHDRAW AS COUNSEL
Parties must e-file the five pre-trial items once a case is called for trial for a set date.
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 Staff Attorney Elizabeth Marum at Elizabeth. Marum@fultoncountyga. gov, by 3 p.m. one business day before the first day of trial the following FIVE ITEMS
Page 4 | Pre-Trial Submissions
Transcripts and accompanying exhibits must be e-filed; due to eFileGa size limits, all exhibits must be scanned individually and emailed to the court reporter.
Pursuant to the new rules of the Judicial Council of Georgia, all transcripts, and accompanying exhibits, are required to be e-filed. Due to the size limits of eFileGa, all exhibits must be scanned individually and emailed to the court reporter.
Page 6 | CONDUCT DURING HEARINGS AND TRIAL
Parties must provide exhibits in digital form.
Additionally, Parties are now required to provide their exhibits in digital form.
Page 3 | MANDATORY E-FILING
Parties using PeachCourt must also register as a service contact on eFilega.com for each case.
All Parties filing through PeachCourt (peachcourt.com) must also register and add themselves as a_ service contact for each case with http://www.eFilega.com in addition to PeachCourt in order to ensure service of all filings.
Page 3 | MANDATORY E-FILING
Oversized or non-paper exhibits may be submitted as digital photographs marked with an exhibit sticker; if none is submitted, a paper description of the exhibit is inserted by the court reporter in its place.
For oversized or non-paper exhibits, i.e., 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, i.e., gun, posterboard, etc., will be inserted by the court reporter in its place as the exhibit attached to the transcript.
Page 6 | CONDUCT DURING HEARINGS AND TRIAL
Filing Timing and Cure Windows
Compellable discovery ends six months from when the Response to the Petition is filed or due; requests must be served early enough, and parties may not stipulate to extensions absent court order.
The period within which the Parties can compel discovery shall end six months from the date a Response to the Petition was filed or is due whichever occurs first. 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. The Parties may not stipulate to an extension of the compellable discovery period described above absent further order of the Court.
Page 5 | DISCOVERY
Notices of Discovery Dispute and Motions to Compel must be filed no later than 60 days from the due date of the relevant response or event, and no later than the close of the compellable discovery period.
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) and 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, and in no event later than the close of the compellable discovery period absent Court Order.
Page 5 | 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 6 | MOTIONS
Motions to enforce settlement agreements must be filed as soon as the need arises and no later than the Court's deadline for proposed final orders, and will be decided without a hearing absent further court order.
For any motion to enforce settlement agreements, the Parties are directed to file such motion as soon as the need becomes apparent and in no event later than the due date set by the Court for any proposed final orders. The Court will decide any such motion without a hearing absent further order of Court.
Page 7 | Settlement Enforcement
Parties must deliver physical copies of trial exhibits to the Court 24 hours before trial unless the Court directs otherwise.
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 9 | Final Trial
Requests for appointment of a Guardian ad Litem must be made no later than 60 days after service of the Petition absent good cause.
Requests for appointment of a Guardian ad Litem (<GAL=) must be made sufficiently early in the proceeding such that the best interests of the children are protected and delay is avoided and in no case later than 60 days after service of the Petition absent good cause shown.
Page 10 | 10.1 Appointment
Parties requesting a written GAL Report must notify the GAL no later than 45 days before the affected hearing or Final Trial date.
Ifa GAL has been appointed, and the parties wish for the GAL to prepare a written GAL Report and Recommendation (<Report=), they must notify the GAL of the same no later than 45 days prior to the affected hearing date or Final Trial Date. If
Page 10 | 10.2 GAL Report
If a GAL Report is requested, the GAL must submit it to the Parties and Court no later than one week before trial.
If a Report is requested, the GAL shall submit the same to the Parties and the Court no later than one week prior to trial.
Page 10 | 10.2 GAL Report
All motions must be filed by the Motions Due Date in the CMSO; late motions will not be considered absent just cause.
The due date for all motions is the specific Motions Due Date deadline as set forth in the separate CMSO 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.
Page 2 | MOTIONS
The five pre-trial items must be e-filed, served by email, and emailed to the Staff Attorney by 3 p.m. one business day before the first day of trial (or by the time ordered to appear if notice is shorter).
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 Staff Attorney Elizabeth Marum at Elizabeth. Marum@fultoncountyga. gov, by 3 p.m. one business day before the first day of trial the following FIVE ITEMS (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)
Page 4 | Pre-Trial Submissions
Supplemental discovery production must be made within 15 days after learning of new information, and any supplements available before close of discovery must be made before close of discovery.
All available supplemental production to discovery requests must be made within 15 days after learning of the new information provided, however, that if either party has any supplemental production to discovery requests available prior to the close of discovery, those supplements must be made prior to the close of discovery.
Page 5 | DISCOVERY
Joint-compliance certificates must be e-filed at least 3 days before the related hearing and emailed to the Litigation Manager to be considered; late filings are considered only in the Court's discretion.
Joint-compliance certificates will be considered by the Court if they are e-filed no less than three (3) days before the related hearing and emailed to Litigation Manager Cathy Robinson at cathy.robinson@fultoncountyga.gov. _Joint-compliance certificates filed inside the three (3) day period will be considered only in the discretion of the Court.
Page 7 | 9.1 Status Conferences
Outstanding forensic testing must be brought to the Court's attention through 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, other court dates, and deadlines.
Page 2 | DISCOVERY
A motion to compel discovery may be filed any time after the discovery deadline and no later than the motions due date in the CMSO.
Such motion may be filed any time after the discovery date deadline has passed and no later than the date motions are due which is identified in the separate CMSO entered in each Defendant's case.
Page 2 | DISCOVERY
Motion filing deadlines apply to all motions and specified notices, exempt true motions in limine, and untimely motions cast as motions in limine are not permitted after the Motions Due Date absent just cause.
The motion filing requirements and deadlines apply to all motions, including O.C.G.A. § 26-3-24 immunity motions as well as demurrers, pleas in bar or abatement and apply to the following notices: (a) State’s notice of O.C.G.A. §§ 24-4-404(b), 24-4-413 and 24-4-414 evidence; (b) State’s notice of intention to use child hearsay; (c) Defendant’s notice of intent to raise issues of incompetency, insanity or mental illness; (d) Defendant’s notice of intent to raise alibi defense; (e) any motions/notices related to the Rape Shield statute; and (f) Defendants notice of intent to introduce evidence of specific acts of violence by victim against third parties. 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 in limine motions, such as motions to suppress, to dismiss, or to sever defendants, will not be permitted after the Motions Due Date deadline absent a showing of just cause.
Page 3 | Application
The Court may consider late-filed motions when necessary to prevent manifest injustice.
Further, the Court may choose to consider motions filed outside of any deadlines set in this Order to prevent manifest injustice.
Page 11 | SANCTIONS
Service and Proof of Service Rules
To obtain 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, then publish notice within 30 days and file an Affidavit of Publication within 60 days, or the case is dismissed.
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 45 days of filing the case or the case shall stand DISMISSED. If an Order for Service by Publication is granted by the Court, Petitioner must publish Notice in the Fulton County Daily Report within 30 days of entry of the Order for Service by Publication and must file with the clerk9s 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 4 | SERVICE
Petitioner must file proof of service of the initial Petition within 90 days of filing, or the case is dismissed absent proof of diligence and leave of Court; the order must also be served on the opposing party if no answer has been filed.
Petitioner must file proof of service of the initial Petition and related filings within ninety (go) days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court. Petitioner must serve this order on the opposing party if no answer has been filed at the time this order is entered.
Page 4 | SERVICE
Each party must submit and serve mandatory discovery documents by the 30-Day Status Conference; willful failure may result in dismissal.
Pursuant to Fulton County Superior Court Family Division (<FCSCFD=) Rule 4000-6.3.2, 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 and serve same upon the opposing party as specified in that Rule. The Court warns that willfully and intentionally failing to timely produce discovery may result in dismissal of the case or the entry of final disposition.
Page 5 | DISCOVERY
Affidavits in lieu of testimony must be served on the opposing party at least 24 hours before a hearing.
Pursuant to U.S.C.R. 24.5, any affidavit in lieu of testimony is to be served on the opposing party at least 24 hours prior to a hearing.
Page 8 | 9.3 Temporary Hearings
Parties must exchange updated financial affidavits and/or child support worksheets five days before any Temporary Hearing.
Pursuant to U.S.C.R. 24.2, Parties are to exchange updated financial affidavits and/or child support worksheets five (5) days prior to any Temporary Hearing.
Page 8 | 9.3 Temporary Hearings
After Trial Calendar Call, cases are subject to two-hour notice to appear for trial, with notice provided by email to counsel of record.
After Trial Calendar Call, all cases are subject to two-hour notice to appear in Court ready for trial, absent express order of this Court. Notice will be provided by email to counsel of record.
Page 4 | Called in for Trial
Pre-trial submissions must be served on opposing counsel by email.
the parties are required to efile, serve on opposing counsel by email, AND submit by email to Staff Attorney Elizabeth Marum at Elizabeth. Marum@fultoncountyga. gov
Page 4 | Pre-Trial Submissions
Counsel must mail or email prepared orders/judgments to the Court (cathy.robinson@fultoncountyga.gov) and opposing counsel simultaneously within three business days of the Court's entry of the order or judgment, unless directed otherwise.
Counsel shall promptly prepare orders or judgments to be presented to the Court and mail or email (cathy.robinson@fultoncountyga.gov) the same to the Court and opposing counsel simultaneously and within three business days of the entry of that order of judgment by the Court unless directed otherwise by the Court.
Page 7 | Preparation of Orders
Motions must be filed with the Clerk of Court, and copies may be served on opposing counsel via e-mail.
All motions must be filed with the Clerk of Court. Copies may be served on opposing counsel via e-mail.
Page 3 | Filing, Courtesy and Service Copies
Filing Fees and Waivers
Filing fees apply to all e-filing transactions.
Filing fees will apply for all e-filing transactions.
Page 3 | MANDATORY E-FILING
Courtesy Copy Requirements
Physical courtesy copies to chambers (instead of email) are required for motions, briefs, and responses over 35 pages, and the filings must still be served and filed with the Clerk.
For 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. The Parties must still separately and timely serve and file the motion, response, or other related filing with the Clerk's office as required to record same.
Page 6 | MOTIONS
A courtesy copy of every motion must be sent to the litigation manager under separate cover (not via EFILEGA), received in Chambers the same day as filing, or the motion will not be calendared and may be waived.
A courtesy copy of every motion must be sent to Cathy Robinson, Litigation Manager, at cathy .robinson@fultoncountyga.gov under separate cover —- SERVING HER VIA EFILEGA IS INSUFFICIENT. The courtesy copies of motions must be received in Chambers the same day that the motions are filed in the Clerk’s office. Failure to provide the litigation manager with a copy of a motion will result in that motion not being calendared for a hearing and may constitute waiver of the issue.
Page 3 | Filing, Courtesy and Service Copies
Parties must provide the court reporter with five copies of media exhibits (DVDs/CDs/flash drives).
Parties must provide the court reporter with five (S) copies of media exhibits (DVDs / CDs/flash drives).
Page 6 | CONDUCT DURING HEARINGS AND TRIAL
Parties must send courtesy copies to the Court, with email as the preferred submission method.
Parties are still required to send courtesy copies to the Court, and email is the preferred means of submission.
Page 3 | MANDATORY E-FILING
For unresolvable discovery disputes, parties should file a Notice of Discovery Dispute and email a courtesy copy to the Litigation Manager rather than filing a formal motion.
in the event of an unresolvable dispute, rather than file a formal motion the parties should first file a Notice of Discovery Dispute pursuant to FCSCFD Rule 4000-6.1.2 and email a courtesy copy to the Litigation Manager Cathy Robinson.
Page 5 | DISCOVERY
Courtesy copies of all post-judgment matters should be emailed to Litigation Manager Cathy Robinson.
Courtesy copies of all post judgment matters should be sent to Cathy Robinson at cathy.robinson@fultoncountyga.gov.
Page 10 | 11. POST-JUDGMENT MATTERS
A courtesy copy of any motion for extension must be emailed to chambers.
As with all motions, a courtesy copy of any motion for extension must be provided to Judge Eaton's Chamber by email to Cathy Robinson, Litigation Manager, at cathy.robinson@fultoncountyga.gov.
Page 2 | DISCOVERY
Courtesy copies of pre-trial submissions should be emailed to the Court (Staff Attorney Elizabeth Marum).
Courtesy copies of pre-trial submissions should be submitted to the Court via e-mail to Elizabeth Marum, Staff Attorney, at elizabeth. marum@fultoncountyga.gov.
Page 5 | Proposed Verdict Form
Courtesy copies of the listed e-filed motions before Judicial Officer Osby are coordinated with Litigation Manager Cathy Robinson.
Courtesy copies of e-filed motions listed above
Page 2 | APPROPRIATE CONTACTS
A list of proposed voir dire questions must be filed with the Clerk, with a courtesy copy provided to the Court in Word format.
A list of proposed voir dire questions. See below Voir Dire Procedure utilized by Judge Eaton. This shall be filed with the Clerk of Court. A courtesy copy shall be provided in Word format to the Court.
Page 4 | Pre-Trial Submissions / a
Pre-Motion Conference Requirements
Parties must confer before the motions hearing date to narrow or resolve outstanding motions and discuss the State's offer and plea options.
The Court hereby orders the parties to confer before the Motions hearing date to determine whether any of the outstanding motions can be narrowed or resolved by agreement and to discuss the State's offer to resolve the case as well as the defendant's desire to enter a plea of guilty or move forward to the motions hearing and to trial.
Page 3 | Order to Confer in Advance
Adjournment & Extension Requirements
Court approval is required to modify any deadline, status conference, or hearing date; such requests should be made as early as possible.
Modification of any deadline, status conference, or hearing date requires approval of the Court, even if all Parties consent to the change. 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 1 | 1. CONTACTING THE COURT
Leaves of Absence are denied if over 30 days or prior calendar notice; otherwise granted unless opposing counsel objects within 10 days and the Court does not deny within 10 days; leaves do not excuse compliance with filing deadlines.
Leaves of Absence Applications are DENIED if the time requested exceeds thirty cumulative days 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. 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. 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 | LEAVES OF ABSENCE APPLICATIONS
A discovery extension request (for which a formal motion is not required) must be made before the discovery period expires absent good cause and must include specified details or it will not be considered.
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. The request for a discovery extension, for which a formal motion is not required, shall include the current deadlines, including the new proposed deadlines for mediation, and readiness for trial, a list of discovery conducted thus far, the requested deadline extension date, and a schedule of outstanding discovery to be completed during the requested extension. Without this detail, requests for discovery extensions will not be considered.
Page 5 | DISCOVERY
Temporary Hearing requests must be made at or before the next status conference, must identify the issues and time needed, and are denied after the 120-day status conference absent good cause (then made by motion).
Requests for Temporary Hearings must be made at or before the next scheduled status conference. 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. Absent good cause shown, all requests for Temporary Hearing after the 120-day Status Conference are DENIED. Any requests for a Temporary Hearing after the 120 day should be made by Motion.
Page 8 | 9.3 Temporary Hearings
Discovery extension requests must be filed by written motion at least 5 days before the deadline and must include a detailed, fact-based explanation and a proposed order.
Any request for an extension of the discovery date deadline shall be submitted by written motion to the Court at least five (5) days prior to the 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 2 | DISCOVERY
Requests for continuance must be in writing, granted only for legal excuses, and require written (including email) confirmation from the Court.
Requests for continuances must be in writing and will be granted for legal excuses only. 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 | REQUESTS FOR CONTINUANCE
Failure to secure a court reporter will not be grounds for a continuance.
Failure to secure a court reporter will not be grounds for a continuance.
Page 10 | 9.5 Take Down
The final plea date will not be reset without good cause shown and an express court order.
The Final Plea Date shall not be reset absent good cause shown and express order of this Court.
Page 4 | FINAL PLEAS / General
Chambers Communication Rules
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 | 1. CONTACTING THE COURT
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 | 1. CONTACTING THE COURT
Communications with the Court should be by email and all parties must be copied on such emails.
Communication with the Court should be conducted via email. All Parties MUST be copied on emails to the Court.
Page 1 | 1. CONTACTING THE COURT
Pro se parties found indigent must email chambers at least one week before a 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 Elizabeth.marum@fultoncountyga.gov for hearings before Judge Eaton and cathy.robinson@fultoncountyga.gov for hearings before Judicial Office Osby no later than one week in advance of the hearing to request a Court provided court reporter.
Page 9 | 9.5 Take Down
Parties must contact only the designated staff member; emails copied to multiple staff members will not be returned.
Parties are cautioned that Chambers staff each handle specific aspects of the case procedure; therefore, they should contact ONLY the appropriate staff member. Emails copying multiple staff members, instead of the one appropriate staff member designated below, will not be returned.
Page 1 | 1. CONTACTING THE COURT
Parties may not shop among different Chambers staff for a different answer, except for Conflict Letters as stated in Section 4.
Parties should NOT attempt to contact various Chambers staff with the hopes of receiving a different answer to a question or request with the exception of emailing Conflict Letters as specifically stated in Section 4 below.
Page 1 | 1. CONTACTING THE COURT
Conflict letters for Judicial Officer Osby must be filed in each case and emailed to cathy.robinson@fultoncountyga.gov with the specified subject line.
are to be filed in each case and emailed to cathy.robinson@fultoncountyga.gov the following subject line: JUDICIAL OFFICER OSBY 4 CONFLICT LETTER 4 CASE NAME 4 CASE NUMBER. Conflict Letters for hearings before
Page 4 | CONFLICT LETTERS
Conflict letters for Judge Eaton must be filed in each case and emailed to Elizabeth.marum@fultoncountyga.gov with the specified subject line.
CONFLICT LETTER 4 CASE NAME 4 CASE NUMBER. Conflict Letters for hearings before Judge Eaton are to be filed in each case and emailed to Elizabeth.marum@fultoncountyga.gov with the following subject line:
Page 4 | CONFLICT LETTERS
All communications with Chambers must be in writing, delivered by hard copy or email to the Litigation Manager, with copies to all counsel 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 delivered in hard copy or emailed to Cathy Robinson, Litigation Manager, at cathy.robinson@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
All questions and discussions must be submitted by email with a copy to opposing counsel (ex parte exempt); telephoning chambers is to be avoided except in exceptional circumstances.
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 exempted from this rule. To prevent miscommunications and inappropriate ex parte communications, avoid telephoning chambers except in exceptional circumstances.
Page 1 | COMMUNICATING WITH THE COURT
Attorneys must provide their email addresses to the Litigation Manager at entry of appearance and arrange for forwarding if they do not check email personally.
At the entry of appearance of counsel, the attorneys are required to provide their email addresses to Litigation Manager Cathy Robinson same to her. 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
Requests for court-ordered production of an incarcerated defendant or witness must be submitted in writing to Cathy Robinson at cathy.robinson@fultoncountyga.gov and received no later than 14 business days before the scheduled court appearance.
Parties must submit their request in writing to Cathy Robinson, Litigation Manager, at cathy.robinson@fultoncountyga.gov and the production request must be received no later than 14 business days before the scheduled court appearance.
Page 7 | REQUEST FOR COURT SERVICES
Requests for a court-provided translator must be submitted in writing to Cathy Robinson at cathy.robinson@fultoncountyga.gov no later than 10 business days before the hearing.
The request for a translator must be submitted in writing to Cathy Robinson, Litigation Manager, at cathy.robinson@fultoncountyga.gov, no later than 10 business days prior to the hearing date.
Page 7 | REQUEST FOR COURT SERVICES
Counsel and parties may appear in a manner different from that specified on the calendar only upon a specific prior request to, and authorization by, the Court.
The Court may authorize counsel and/or the parties to appear in a manner different than specified on the calendar, but only upon a specific prior request to and authorization by the Court.
Page 8 | APPEARANCE AT ALL CALENDARS AND HEARINGS - Virtual Appearance
Witnesses may appear virtually only if the parties agree and a specific request is made to, and authorized by, the Court.
Witnesses may appear virtually for a proceeding if the parties agree AND a specific request is made to and authorized by the Court.
Page 8 | APPEARANCE AT ALL CALENDARS AND HEARINGS - Virtual Appearance
Zoom links for virtual hearings shall not be shared with anyone for any reason, including persons not called to address the Court, absent express permission from the Court.
Zoom links provided for the appearance of counsel, the parties, and/or witnesses at a virtual hearing shall not be shared with anyone for any reason, absent express permission from the Court. This includes anyone who will not be called upon to address the Court during that proceeding.
Page 8 | APPEARANCE AT ALL CALENDARS AND HEARINGS - Virtual Appearance
Matters pending before Judicial Officer Ashley Baker Osby are handled by Litigation Manager Cathy Robinson.
Matters Pending Before Judicial Officer Ashley Baker Osby: 30-or 60-Day Status Conferences, Joint Compliance Certificates, Requests for ADR/Mediation Orders, Motions of Publication and proposed orders, Motions for Judgment on the Pleadings, Final Consent Orders, Requests for Temporary Hearings (less than two hours), Motions, Responses, and proposed orders, Notices of Discovery Disputes, Motions to Compel Discovery, Post-Judgment Motions or Petitions for Contempt, Courtesy copies of e-filed motions listed above, Notices regarding 120-Day Status Conferences for cases remaining with judicial officer, Notices of Trial for cases being heard by judicial officer. Contact Litigation Manager Cathy Robinson at: cathy.robinson@fultouncountyga.gov
Page 2 | APPROPRIATE CONTACTS
Matters pending before Judge Eaton are handled by Senior Staff Attorney Elizabeth Marum.
Matters Pending Before Judge Eaton: Notices regarding 120-Day Status Conferences (with Judge Eaton), Requests for Temporary Hearings (more than 2 hours), Notices regarding Final Trial, Consolidated Pretrial Orders, Cases in which a Rule 1000-4.2 Objection has been filed: Motions, Responses to motions and proposed orders, Requests for hearings on pre-trial motions, Requests for pre-trial conferences or discovery dispute conferences. Contact Senior Staff Attorney Elizabeth Marum at: Elizabeth.marum@fultoncountyga.gov
Page 2 | APPROPRIATE CONTACTS
Copies of temporary hearing documents should be emailed to the Staff Attorney (Judge Eaton hearings) or Litigation Manager (Judicial Officer Osby hearings) at the same time they are provided to the opposing party.
Copies of any such documents should also be provided to the Court at the same time they are provided to the opposing party via email to Staff Attorney Elizabeth Marum for hearings before Judge Eaton, or Litigation Manager Cathy Robinson for hearings before Judicial Officer Osby.
Page 8 | 9.3 Temporary Hearings
Parties who settle or resolve the case before Final Trial must email notice as soon as practicable to Judge Eaton's Senior Staff Attorney or Judicial Officer Osby's Litigation Manager.
If Parties reach a settlement agreement or otherwise resolve the case prior to the Final Trial, email notice should be provided as soon as practicable to Senior Staff Attorney Elizabeth Marum for trials set before Judge Eaton, or Litigation Manager Cathy Robinson for trials set before Judicial Officer Osby.
Page 9 | Final Trial
Parties are directed to contact the litigation manager by phone or email to schedule the date for entry of a plea.
The parties are directed to contact Cathy Robinson, Litigation Manager for Judge Eaton, at (404) 612-8463 or cathy.robinson@fultoncountyga.gov to schedule a date for entry prior to this date.
Page 4 | Scheduling Pleas in Advance
Parties must familiarize themselves with the evidence presentation technology in Courtroom 5C before using it; counsel are encouraged to request access or training before a hearing by emailing Judicial Assistant Max Arrechea.
The parties shall familiarize themselves with the evidence presentation technology in Courtroom 5C prior to its use during a proceeding. Counsel are encouraged to request access to and/or training on the equipment prior to a scheduled hearing by emailing the Court's Judicial Assistant Max Arrechea at Max.Arrechea@fultoncountyga.gov
Page 7 | REQUEST FOR COURT SERVICES