Judge Eric Dunaway
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Adjournments
- Final Plea Date cannot be reset without good cause and a court order.
- Motions to extend the discovery deadline must be in writing to the Court and include a detailed fact-based explanation.
- Extension requests must be submitted in writing to the Court before the deadline, with a detailed, fact-based explanation and a proposed order.
Request must include
Communication
Clerk
Phone
Chambers
Document Filing Requirements3 rules
The expert testimony notice must include a meaningful summary of the expert's expected testimony and her qualifications.
This notice must include a meaningful summary of the expert's expected testimony as well as her qualifications to serve as an expert witness.
Document Type
Expert Testimony Notice
Each motion must be limited to a single issue and specify with particularity the items, statements, or events at issue; generalized and omnibus motions are denied as vague and dilatory.
Generalized motions and omnibus motions are not to be filed; they will be denied as vague and dilatory. Each motion shall be limited to a single issue (e.g., suppression of statement, suppression of fruits of search warrant, etc.); multi-issue motions seeking to suppress, for example, both physical evidence and statements are not proper. In this Page 3 of 5 ===== PAGE 4 ===== vein, motions must specify, *with particularity*, the item(s) or statement(s) or event(s) at issue. Thus, a motion seeking to suppress “any and all statements” is insufficient; the motion must identify the specific statement(s) the movant is seeking to suppress, as well
Document Type
Motion
Discovery deficiency motions must itemize the case-specific instances of noncompliance, and motions compelling generalized disclosure are prohibited.
Should a party need to file a discovery deficiency motion, the party shall itemize the articulable and case-specific instances in which the party believes the opposing party has failed to comply with discovery obligations. The Parties are directed not to file motions compelling the generalized disclosure of otherwise discoverable materials.
Document Type
Discovery Motion
Filing & Service rules
Filing Timing and Cure Windows
A motion regarding a discovery deficiency must be filed at least 10 days before trial.
Such motion should be filed at least 10 DAYS before trial.
Page 2 | CASE MANAGEMENT CONFERENCE
All motions except motions in limine must be filed and particularized within 10 days of the CMC; late motions are generally not considered absent a showing of just cause.
All motions (other than motions in limine) shall be filed and particularized within 10 days of the CMC. Motions filed/particularized after that date are untimely and generally will not be considered, absent a showing of just cause for the late filing.
Page 3 | MOTIONS
Negotiated pleas will not be accepted after the Final Plea Date absent a showing of good cause and a further court order.
Negotiated pleas will **NOT** be accepted after the Final Plea Date absent good cause shown and further order
Page 4 | FINAL PLEA and TRIAL CALENDAR
Parties must file and serve trial documents by 4 p.m. the business day before trial.
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 file with the Clerk of Court, serve on opposing counsel and submit by email to Litigation Manager Gorman, by 4 p.m. the business day before the first day of trial: voir dire questions, motions in limine and proposed jury charges.
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Motions in limine on minor, discrete evidentiary issues must be filed before trial begins; they cannot be used to evade the motion-filing deadline for dispositive motions.
Exception. Motions in limine seeking the Court’s ruling in advance of trial on minor, discrete evidentiary issues (*e.g.*, the (in)admissibility of a particular record or fact) must be filed before the trial begins. These are typically matters whose significance is not readily apparent prior to focused trial preparation. Such motions will seldom require the presentation of witness testimony and typically can be ruled upon orally immediately before trial. Motions to suppress, sever, dismiss, etc., are not properly cast as motions in limine and will not be permitted after the filing deadline -- absent a showing of just cause.
Page 4 | MOTIONS
Service and Proof of Service Rules
Bond motions must be served on the State.
Motions for Bond must be filed with the Clerk of Court, served on the State and emailed to Litigation Manager Tammy Gorman.
Page 1 | CALENDARS AND HEARINGS
Defendant must give the prosecutor written notice of O.C.G.A. § 17-16-1 election within 10 days after arraignment.
The defendant, no later than 10 DAYS after arraignment, shall provide written notice to the prosecuting attorney of defendant's election to have O.C.G.A. § 17-16-1 apply to the defendant's case.
Page 2 | DISCOVERY
Expert testimony notice must be provided to the opposing party at least ten days before trial.
Any party seeking to rely on **Expert** testimony at trial (or any evidentiary hearing) must provide written notice to the opposing party at least ten days before trial
Page 2 | DISCOVERY
Expert testimony notice must be provided to the opposing party at least five days before any evidentiary hearing.
and five days before any evidentiary hearing.
Page 2 | DISCOVERY
The filing party may serve the opposing party via e-mail for a discovery motion.
The filing party may serve the opposing party via e-mail
Page 2 | CASE MANAGEMENT CONFERENCE
Parties must serve opposing counsel with voir dire, motions in limine, and proposed jury charges before trial.
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 file with the Clerk of Court, serve on opposing counsel and submit by email to Litigation Manager Gorman, by 4 p.m. the business day before the first day of trial: voir dire questions, motions in limine and proposed jury charges.
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Copies of motions may be served on opposing counsel via e-mail.
Copies may be served on opposing counsel via e-mail.
Page 4 | MOTIONS
Courtesy Copy Requirements
A courtesy copy of every motion must be emailed to Litigation Manager Gorman; failure may result in the motion not being calendared and possible waiver of the issue.
**A courtesy copy of every motion must** be sent to Litigation Manager Gorman via e-mail. 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 4 | MOTIONS
Adjournment & Extension Requirements
Motions to extend the discovery deadline must be in writing to the Court and include a detailed fact-based explanation.
Motions for an extension of that deadline shall be submitted in writing to the Court; such motions must provide a detailed, fact-based explanation of the need for the extension.
Page 2 | DISCOVERY
Extension requests must be submitted in writing to the Court before the deadline, with a detailed, fact-based explanation and a proposed order.
Any requests for extensions shall be submitted in writing to the Court before the deadline with a detailed, fact-based explanation of the need for the extension, along with a proposed order.
Page 3 | MOTIONS
Final Plea Date cannot be reset without good cause and a court order.
The Final Plea Date shall not be reset absent good cause shown and express order of this Court.
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Chambers Communication Rules
Bond motions must be emailed to Litigation Manager Tammy Gorman.
Motions for Bond must be filed with the Clerk of Court, served on the State and emailed to Litigation Manager Tammy Gorman.
Page 1 | CALENDARS AND HEARINGS
Arraignment waivers must be emailed to Litigation Manager Tammy Gorman at least 24 hours before the arraignment calendar.
Waivers must be filed with the Clerk of Court and emailed to the Court’s Litigation Manager Tammy Gorman tammy.gorman@fultoncountyga.gov at least 24 hours before the arraignment calendar.
Page 1 | CALENDARS AND HEARINGS
A probationer may forgo the initial revocation hearing by emailing Litigation Manager Gorman and the State.
A probationer may forgo this initial hearing by contacting Litigation Manager Gorman and the State by email to have the case set for a final evidentiary hearing.
Page 1 | CALENDARS AND HEARINGS
Cases ready for trial that do not need a CMC should email Litigation Manager Gorman to be removed from the calendar.
Cases which are ready for trial and not in need of a CMC should email Litigation Manager Gorman to be removed from this calendar.
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Attorneys must contact Judicial Assistant Betty Daniels to arrange delivery of client clothing.
Attorney should contact Judicial Assistant Betty Daniels at 404-612-2812 to arrange delivery of client clothing.
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