Judge Rachel R. Krause
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Motion
- Upon Filing
Motion, Exhibits
- Upon Filing
Adjournments
- 延长发现截止日期的任何请求必须以书面动议形式在发现截止日期前提交给法院。
- Final Plea Date cannot be reset without good cause and express court order.
- After the Scheduling Order is entered, the parties may not stipulate to any change in its deadlines.
- +2 more
Request must include
Communication
Chambers
Phone
Chambers
Phone
Page & Word Limits3 rules
Motions to compel (with supporting briefs) and responses are each limited to 10 pages, double-spaced; the motion's limit excludes the certificate of service page.
A motion to compel with supporting brief shall not exceed 10 pages, double-spaced, excluding the certificate of service page. A response to a motion to compel shall be filed within 10 days of service of the discovery motion and shall not exceed 10 pages, double-spaced.
Motion To Compel
10 pages
Response
10 pages
Non-discovery motions and briefs are limited to 25 pages, excluding the certificate of service and exhibits.
Motions/Briefs, other than discovery motions, shall not exceed twenty-five (25) pages, excluding the certificate of service and exhibits.
Motion
25 pages
Brief
25 pages
Any reply or sur-reply brief is limited to ten (10) pages total.
Reply Brief
10 pages
Sur Reply
10 pages
Document Format Requirements6 rules
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.
Orders/judgments must be prepared and emailed in Word format to Litigation Manager Caretha German and opposing counsel within three business days of entry, unless the Court directs otherwise.
Counsel shall promptly prepare orders or judgments to be presented to the Court and email them in Word format to Litigation Manager Caretha German at Caretha.German@fultoncountyga.gov and opposing counsel simultaneously and within three business days of the entry of that order or judgment, unless directed otherwise by the Court.
DOCX
Non-pattern jury charges must be submitted in Word format with supporting authority.
For non-pattern or modified pattern charges, the parties are required to submit the full text in Word format and cite the case law, statute or other authority supporting such requested charge.
DOCX
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.
Jury charge requests must also be emailed in Word format to the Court's Staff Attorney.
In addition to filing jury charge requests with the Clerk, the parties shall also email a copy in Word format to the Court's Staff Attorney (Ahitchell gov),
DOCX
Exhibits must be scanned individually into PDF format.
Additionally, no later than three (3) days before trial, all exhibits shall be scanned individually into .pdf format and emailed to any retained court reporter with cc's to the Court and all counsel.
Document Filing Requirements23 rules
扩展动议必须提供详细、基于事实的延期原因解释，并附上拟议命令供法院考虑。
Such motions must provide a detailed, fact-based explanation of the need for the extension, along with a proposed order for the Court's consideration.
Document Type
Motion
Notices or motions alleging discovery deficiencies must itemize the specific deficiencies and discovery to be produced.
Any notice or motion alleging a deficiency in discovery shall itemize the specific alleged deficiencies and the specific discovery to be produced.
Document Type
Discovery Motion
Motions must be specific and particularized; generalized omnibus motions will be denied.
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.
Document Type
Motion
Pre-trial submissions must include a list of voir dire questions, witness list, motions in limine, proposed jury charges, and a proposed verdict form.
the following: 1. A list of potential voir dire questions. See below Voir Dire Procedure utilized by Judge Krause. 2. 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 pre-trial discovery requirements concerning witnesses, including the disclosure of all requisite identifying information and the content of expert opinions, if any. 3. All motions in limine. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence. 4. Proposed Jury Charges. The parties must submit all proposed requests to charge, including for the State charges of the particular offense(s) alleged in the indictment. For pattern charges, each party is to submit the pattern charge number and not the text of the charge itself. For non-pattern or modified pattern charges, the parties are required to submit the full text in Word format and cite the case law, statute or other authority supporting such requested charge. 5. A proposed verdict form.
Document Type
Pre Trial Submission
Parties must submit an agreed proposed Scheduling Order using the Court's form within 30 days of service of the last answer; if none is submitted, the Court enters a court-issued order and may deny later requests to amend it.
Within 30 days of service of the answer (or last answer if there are multiple defendants), the parties shall submit to the Court an agreed-upon proposed Scheduling Order, using the Court's Scheduling Order form
Document Type
Scheduling Order
A Motion for Amended Scheduling Order must include all current and requested extended deadlines, accomplished and remaining discovery tasks, and a proposed amended scheduling order; motions lacking these items will be denied.
A motion, entitled Motion for Amended Scheduling Order, seeking an extension of the deadlines shall include the following: 1. all current deadlines and all requested extended deadline dates; 2. a list of discovery tasks accomplished as of the filing of the motion and a schedule of additional tasks to be completed during the requested extension; and 3. a proposed amended scheduling order.
Document Type
Motion Amended Scheduling Order
Ministerial motions must include a proposed order and be submitted to the Court's staff attorney.
Ministerial motions (e.g., motion to extend, exceed page limits, withdrawal) shall include a proposed order and submitted to Mitchell. the Court's staff attorney.
Document Type
Motion
A motion to compel must include a certification that the parties conferred on the discovery issues; otherwise it will be denied.
When a motion to compel is filed, it shall conform to the requirements of Uniform Superior Court Rule 6.4. Motions filed without a certification that the parties conferred as to the discovery issues in the motion will be denied.
Document Type
Discovery Motion
Summary judgment motions must conform to OCGA § 9-11-56 and USCR 6.5, and each party's statements of fact must be supported by record citations.
When a motion for summary judgment is filed, it shall conform to the requirements of O.C.G.A. § 9-11-56 and Uniform Superior Court Rule 6.5. Each party must support its 6.5 statements of fact with citations to record evidence (i.e., including depositions, documents, affidavits, stipulations, admissions, interrogatory responses, etc.).
Document Type
Summary Judgment Motion
Motions or proposed orders for default judgment must recite the particulars of the default, including service facts and answer deadline; otherwise denied.
Any motion or proposed order asking the Court to grant default judgment must recite the particulars of the default, including facts and dates associated with service and resulting answer deadline. Motions that fail to recite such facts will be denied.
Document Type
Default Judgment
A party may only submit its individual portions of the pre-trial order to the Court with a written certification detailing good-faith efforts to present a fully consolidated order.
No party may submit their own individual portions of the pre-trial order to the Court without written certification detailing their good-faith efforts to present the Court with a fully consolidated order.
Document Type
Pretrial Order
Failure to submit a pre-trial order waives the right to a jury trial and elects a non-jury trial; counsel's failure also authorizes the court to enter an appropriate order or impose sanctions.
proposed order). Failure to submit a pre-trial order to this Court shall act as an affirmative and irrevocable waiver of a jury trial and an affirmative election to proceed with a
Document Type
Pretrial Order
Motions in limine should be limited to discrete evidentiary or procedural matters.
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
Pattern jury charges must be submitted by charge number, not full text.
For pattern charges, each party is to submit the pattern charge number and not the text of the charge itself.
Document Type
Jury Charges Pattern
Proposed orders must not have the Court's signature alone on a separate page; if a page break is unavoidable, the signature page must identify the parties, case number, and document.
Do not submit a proposed order where the Court's signature appears alone on a separate page. See U.Sup.C.R 36.4. Where the page break cannot be avoided, the signature page must identify the parties, the case number, and the document.
Document Type
Proposed Order
Motions for withdrawal of counsel must include a viable email address for the client so the Court can contact the client if the motion is granted.
Any motion by counsel seeking to withdraw from representation of a client must include a viable email address for that client by which the Court can contact the client should the motion for withdrawal be granted.
Document Type
Motion
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.
Document Type
Conflict Letter
Non-pattern charges are allowed only when no pattern charge applies, and must include citation to authority.
Parties may request non-pattern charges only where there is no pattern charge applicable to the specific issue. Parties requesting non-pattern charges shall provide citation to applicable statutory or case authority.
Document Type
Jury Instructions
All exhibits must be pre-marked and numbered for trial.
All exhibits must be pre-marked and numbered for introduction at trial.
Document Type
Exhibits
Each party must provide a list of proposed pattern charges by title and number, using current pattern charges; text need not be recited.
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 pattern charges are updated January and July of each year). The parties need not recite the text of pattern charges.
Document Type
Jury Instructions
Witness lists need only include witness names and titles.
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.
Document Type
Witness List
Exhibit lists should 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
For individuals in the Georgia Department of Corrections system, requested inmate information should coincide with GDC information.
For individuals located within the Georgia Department of Corrections system, the requested inmate information should coincide with the Georgia Department of Corrections information.
Document Type
Court Production Request
Filing & Service rules
Electronic Filing Rules
Transcripts and exhibits must be e-filed; exhibits must be scanned individually and emailed to the court reporter due to eFileGa size limits.
Pursuant to the Judicial Council of Georgia rules, all transcripts, and accompanying exhibits, must be e-filed. Due to the size limits of eFileGa, all exhibits must be scanned individually and emailed to the court reporter.
Page 8 | VII. CONDUCT DURING HEARINGS AND TRIAL - G. Digital Submission of Exhibits
E-filing is mandatory for all civil cases, with a sworn certification exception for filers without an email address, and every filing must include a valid working email address.
Electronic filing (e-filing) is mandatory and all parties must comply with the administrative order titled "Standing Order Regarding Electronic Filing for Civil Cases."2 Parties are reminded that each registered user must have a valid, working e-mail address that is checked regularly and that appears on every filing. Anyone seeking to file documents without using e-file must complete and file a sworn certification that the person has no email address.
Page 1 | I. Electronic Filing/Odyssey
Proposed and consent orders must not be filed; they will be rejected by the Clerk.
Do NOT filed proposed or consent orders. They will be rejected by the Clerk.
Page 2 | I. Electronic Filing/Odyssey
Filing Timing and Cure Windows
All motions must be filed by the Motions deadline; late motions will not be considered absent just cause.
The due date for all motions is the Motions deadline set forth in the separate Scheduling Order 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 3 | III. MOTIONS
Discovery deficiency notices may be filed after the discovery deadline but no later than the motions deadline.
Such notice or motion may be filed any time after the discovery deadline has passed and no later than the motions deadline, identified in the separate Scheduling Order entered in each Defendant's case.
Page 3 | II. DISCOVERY
Pre-trial submissions must be filed no later than 4 p.m. on the business day before the first day of trial.
the parties shall file with the Clerk of Court, serve on opposing counsel by email and submit by email to Litigation Manager Caretha German at Caretha.German@fultoncountyga.gov, no later than 4 p.m. the business day before the first day of trial, the following:
Page 5 | V.C
The fully consolidated pre-trial order must be submitted by email directly to the Judge's chambers no later than the deadlines in the parties' operative scheduling order.
No later than the deadlines set in the parties' operative scheduling order, the parties shall submit, by email, a fully consolidated pre-trial order directly to the Judge's chambers.
Page 9 | VII. Pre-Trial Procedures, A. Consolidated Pre-Trial Orders
Exhibits must be submitted no later than three days before trial.
Additionally, no later than three (3) days before trial, all exhibits shall be scanned individually into .pdf format and emailed to any retained court reporter with cc's to the Court and all counsel.
Page 11 | F. Exhibits
A response to a discovery motion must be filed within 10 days of service.
A response to a motion to compel shall be filed within 10 days of service of the discovery motion
Page 5 | IV.B.2. Length
All parties other than the Plaintiff/Petitioner must provide their portions of the consolidated pre-trial order to the Plaintiff/Petitioner no later than two days before the due date.
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 9 | VII. Pre-Trial Procedures, A. 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 10 | VII. Pre-Trial Procedures, C. Conflicts
The Court provides notice of trial by filing a notice into the record and by publication in the South Fulton Neighbor at least twenty-one days before the call of the first listed case.
month. The Court will notify the parties and their counsel of trial by notice filed into the record and by publication in the South Fulton Neighbor at least twenty-one days before the call of the first case listed.
Page 10 | VII. Pre-Trial Procedures, B. Trial Dates and Notice
Service and Proof of Service Rules
State must provide written plea offer with sentence and reductions at least 10 days before Final Plea.
Not later than ten (10) days before the Final Plea calendar, the State shall provide to Defendant, in writing, the State's Offer to plead guilty, including the offered sentence and any reduction in charges.
Page 4 | IV. FINAL PLEA
Parties must serve opposing counsel with pre-trial submissions by email.
serve on opposing counsel by email
Page 5 | V.C
Parties must deliver 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 and one copy to each opposing party prior to jury selection.
Page 8 | VII. CONDUCT DURING HEARINGS AND TRIAL - E. Exhibits
Exhibits must be emailed to the retained court reporter, with copies to the Court and all counsel.
Additionally, no later than three (3) days before trial, all exhibits shall be scanned individually into .pdf format and emailed to any retained court reporter with cc's to the Court and all counsel.
Page 11 | F. Exhibits
Courtesy Copy Requirements
As with all motions, a courtesy copy shall be provided to Judge Krause's Chambers via email to Caretha German at Caretha.German@fultoncountyga.gov.
As with all motions, a courtesy copy shall be provided to Judge Krause's Chambers via email to Caretha German at Caretha.German@fultoncountyga.gov.
Page 2 | II. DISCOVERY
Parties filing motions must deliver courtesy copies to opposing counsel and chambers on the same day as filing.
Parties filing motions are required to deliver a courtesy copy to opposing counsel and to Judge Krause's Chambers to Litigation Manager Caretha German via hand delivery or email to Caretha.German@fultoncountyga.gov. The courtesy copies of motions must be received in Chambers the same day that the motions are filed in the Clerk's office.
Page 3 | III. MOTIONS
Parties must provide a courtesy copy of filings requiring the court's attention, which may be emailed to the Staff Attorney or mailed/hand-delivered to Chambers.
The parties must still provide the Court with a courtesy copy of filings requiring the court's attention. Copies may be emailed to the Court's Staff Attorney or mailed or hand-delivered to Chambers.
Page 1 | I. Electronic Filing/Odyssey
Parties should provide courtesy copies of motions and exhibits to the Court at filing; hand-delivery or mail is allowed.
Parties should provide courtesy copies of motions and exhibits to the Court at the time of filing. Courtesy copies may be hand-delivered or mailed to Chambers.
Page 5 | V.A.1. Length
Pre-Motion Conference Requirements
Before filing a motion to compel, the moving party must discuss the matter with the Court's staff attorney; failure to do so results in automatic denial.
No party may file a motion to compel until the moving party has first discussed the matter with the Court's staff attorney to allow the Court to determine if the dispute may be resolved through a conference call with the court and the parties. Motions filed without first consulting the Court's staff attorney stand automatically denied. The parties must comply with Uniform Superior Court Rule 6.4 and attempt, in good faith, to resolve the issue before contacting the Court.
Page 5 | IV.A. Discovery Disputes
Filing reply or sur-reply briefing requires prior leave of court, requested via email to the Court's staff attorney.
No party may file briefing other than the initial and response briefs without leave of court, which may be requested by email to the Court's staff attorney explaining why additional briefing is necessary.
Page 5 | V.A.2. Replies/Sur-replies
Adjournment & Extension Requirements
延长发现截止日期的任何请求必须以书面动议形式在发现截止日期前提交给法院。
Any request for an extension of the Discovery Date deadline shall be submitted by written motion to the Court by the Discovery Date deadline.
Page 2 | II. DISCOVERY
Final Plea Date cannot be reset without good cause and express court order.
The Final Plea Date shall not be reset absent good cause shown and express order of this Court.
Page 4 | IV. FINAL PLEA
Scheduling Order deadline extensions are disfavored and granted only in extraordinary circumstances, upon a motion filed before the applicable deadline expires showing good cause.
Extensions of the deadlines in the Scheduling Order are disfavored and will generally not be granted, except in extraordinary circumstances and only upon a motion filed, before the expiration of the applicable deadline, showing good cause as to why an extension is necessary.
Page 4 | III.B Extensions/Amendments to the Scheduling Order
After the Scheduling Order is entered, the parties may not stipulate to any change in its deadlines.
Once entered, the parties may not stipulate to a change in the deadlines.
Page 3 | III.A Mandatory Scheduling Order
Extensions for submitting 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 9 | VII. Pre-Trial Procedures, A. Consolidated Pre-Trial Orders
Chambers Communication Rules
律师与Chambers的沟通必须以书面形式进行，通过硬拷贝或电子邮件发送给Litigation Manager Caretha German，并抄送所有记录律师，除非是适当的单方面提交。
While the Court encourages counsel to communicate with Chambers, such communication shall be in writing and delivered in hard copy or emailed to Litigation Manager Caretha German (Caretha.German@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 | I. COMMUNICATING WITH THE COURT
Translator requests must be submitted via email to Litigation Manager Caretha German no later than 5 business days before the hearing.
The request for a translator must be submitted in writing via email to Litigation Manager Caretha German at Caretha.German@fultoncountyga.gov no later than 5 business days prior to the hearing date.
Page 9 | VIII. REQUESTS FOR COURT SERVICES
Court production order requests must be submitted to Litigation Manager Caretha German no later than 30 business days before the scheduled court appearance.
Parties must submit their request to Litigation Manager Caretha German at Caretha.German@fultoncountyga.gov no later than 30 business days before the scheduled court appearance.
Page 9 | VIII. REQUESTS FOR COURT SERVICES
The pre-trial order must be submitted by email directly to the Judge's chambers.
No later than the deadlines set in the parties' operative scheduling order, the parties shall submit, by email, a fully consolidated pre-trial order directly to the Judge's chambers.
Page 9 | VII. Pre-Trial Procedures, A. Consolidated Pre-Trial Orders
Immediately upon notice or publication of the trial calendar, the parties must contact the Staff Attorney with the case status, estimated trial length, and settlement possibilities.
Immediately upon notice of or publication of the trial calendar, the parties are ordered to contact the Staff Attorney (Ahithell Prehaufefltoncountyea.gov), with the status of the case, the estimated length of trial, and the possibilities for settlement during the trial calendar.
Page 10 | VII. Pre-Trial Procedures, B. Trial Dates and Notice
为避免误解和不适当的单方面沟通，除非特殊情况，应避免打电话给Chambers。
To prevent miscommunications and inappropriate ex parte communications, avoid telephoning chambers except in exceptional circumstances.
Page 1 | I. COMMUNICATING WITH THE COURT
At the entry of appearance of counsel, the attorneys are required to provide their email addresses to Litigation Manager Caretha German by emailing same to her.
At the entry of appearance of counsel, the attorneys are required to provide their email addresses to Litigation Manager Caretha German by emailing same to her.
Page 1 | I. COMMUNICATING WITH THE COURT
为避免不当的单方面沟通，所有关于案件的疑问、解释或讨论应通过电子邮件提交并抄送对方律师，但适当的单方面沟通除外。
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 | I. COMMUNICATING WITH THE COURT
Submit pre-trial materials by email to the Litigation Manager.
submit by email to Litigation Manager Caretha German at Caretha.German@fultoncountyga.gov
Page 5 | V.C
Appearing in a manner different from the published calendar requires 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 10 | IX. APPEARANCE AT CALENDARS AND HEARINGS
Ex parte communication with the Court is not acknowledged; if the Court informs a party as a courtesy, the party must resend the correspondence copying all opposing parties.
Communication Any communication (written or phone) with the Court that does not include all the parties is considered ex parte communication (communication from one party of a lawsuit that excludes the other parties to that suit and deprives the other parties of knowledge to which those parties might otherwise want to respond). For that reason, ex parte communication cannot be acknowledged by a Court. This ensures the fairness of the Court to all sides. The Court is not required to inform a party thata communication has been ignored due to its ex parte nature, but if the Court informs a party as a courtesy, that party will need to resend its correspondence, copying all opposing parties/counsel on the submission.
Page 2 | II. Communication with the Court
Jury charge requests must be emailed to the Court's Staff Attorney.
In addition to filing jury charge requests with the Clerk, the parties shall also email a copy in Word format to the Court's Staff Attorney (Ahitchell gov),
Page 11 | E. Jury Charges
律师若不能亲自检查电子邮件，必须安排办公室其他人负责转发并告知相关邮件和文件。
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 | I. COMMUNICATING WITH THE COURT
Contact the Court's Litigation Manager to schedule a plea before the Final Plea calendar.
D. Scheduling Pleas in Advance. Pleas may be entered at any time prior to the Final Plea calendar. Contact the Court's Litigation Manager Caretha German at (404) 613-4181 or Caretha.German@fultoncountyga.gov to schedule a date for entry of a plea prior to the Final Plea calendar.
Page 5 | D
Counsel are encouraged to request access to or training on evidence presentation equipment by emailing Judicial Assistant Chiquita Johnson before a scheduled hearing.
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 Chiquita Johnson at Chiquita.Johnson@fultoncountyga.gov.
Page 10 | VIII. REQUESTS FOR COURT SERVICES C. Courtroom Evidence Presentation
Proposed orders may be emailed to the Court's staff attorney in Microsoft Word format.
Such Orders may be emailed to the Court's staff attorney in Microsoft WORD version.
Page 2 | I. Electronic Filing/Odyssey
The Court encourages email communication, requires email addresses on all submissions, and directs all email to the Staff Attorney with copies to all counsel.
The Court welcomes communication by email, whenever possible, for the sake of efficiency, economy, and to avoid any ex parte communication. Please include your email address on all Court submissions. All email communication with the Court should be directed to the Staff Attorney at Mitchell. Prchaufe fultoncountyga.goy and copied to all counsel in the case.
Page 2 | II. Communication with the Court
Parties wishing to use courtroom technology should contact Court Technology Services at (404) 612-2770 at least one week before trial.
Parties who wish to do so should contacting Court Technology Services at (404) 612-2770 at least one week before trial to ensure you have the correct training and necessary associated technology, like media players, drivers, etc.
Page 12 | VIII.A. Courtroom Technology