Judge Rachelle Carnesale
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
Motion
Motion, Request, Notice
Notice Of Discovery Deficiency
Adjournments
- Motions to extend discovery deadlines must be filed and include a detailed fact-based explanation, a proposed extended deadline, and a proposed order.
- Requests to extend motion deadlines must be filed and include a detailed fact-based explanation and a proposed extended deadline.
- Parties must confer before the Final Plea date; if discovery issues are not raised in advance as required, the Final Plea date will not be continued for that reason.
Request must include
Communication
Clerk
Document Filing Requirements10 rules
Discovery extension motions must include a proposed order.
Such motions must provide a detailed, fact-based explanation of the need for an extension and a proposed extended deadline, along with a proposed order for the Court's consideration.
Document Type
Motion
Expert notice must include a meaningful summary of the expected 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 expected testimony as well as her qualifications to serve as an expert witness.
Document Type
Expert Notice
The movant must include hearing logistics information with any courtesy copy of a motion when a hearing is requested or required.
It is the responsibility of the movant, when providing a courtesy copy of any motion to Chambers, to provide the following information if a hearing is requested/required: (a) whether the Defendant obj ects .to a motions hearing via video conference; (b) the estimated time for presentation of the motion; (c) the estimated number of witnesses; and (d) whether an interpreter is required (and, if so, the
Document Type
Motion
In absentia hearings will not be held until a written waiver of the Defendant's presence is filed in the record.
At its discretion, the Court may schedule in absentia bond or other motions hearings. Such matters will not: be heard until a written waiver of the Defendant’s presence is filed in the record.
Document Type
Written Waiver Of Presence
Generalized and omnibus motions are barred; each motion must be limited to a single issue and specify with particularity the items, statements, or events at issue.
Generalized motions and omnibus motions are not to be filed. They will be denied as vague and dilatory.... Rather, each motion shall be limited to a single issue.... Motions must specify, with particularity, the item(s), statement(s), or event(s) at issue.
Document Type
Motion
Motions in limine must be limited to discrete evidentiary or procedural matters, cite applicable law, and will be denied as untimely if the matter should have been resolved in the pre-trial phase absent good cause.
Motions in limine. Motions should be limited to discrete evidentiary or procedural matters and- shall cite applicable law. As noted above, matters that should have been resolved in the pro-trial phase of proceedings will be denied as untimely absent good cause.
Document Type
Motion In Limine
For pattern jury charges, submit only the charge number; for all non-pattern charges, submit the requested charge with supporting case law.
Proposed Jurv Charge_s: For pattern charges, a. party should submit only the pattern charge number and not the text of the charge itself. For all non-pattern charges, a party must submit the requested charge together with case law in support of the charge.
Document Type
Jury Instructions
Parties must submit a list of potential voir dire questions.
Voir Dire Questions. A list of potential voir dire questions.
Document Type
Voir Dire Questions
Parties must submit a proposed verdict form.
Proposed Verdict Form.
Document Type
Proposed Verdict Form
Parties must submit a potential witness list for the Court's use in voir dire, including each witness's name and title/position if relevant.
Potential Witness List. This witness list is for the Court's use in voir dire. It should include the name of each potential witness and title/position if relevant.
Document Type
Witness List
Filing & Service rules
Electronic Filing Rules
All transcripts and accompanying exhibits must be e-filed by the Court Reporter.
All transcripts and accompanying exhibits must be e-filed by the Court Reporter.
Page 5 | 3. Mail Submission of Exhibits
Filing Timing and Cure Windows
Supplemental discovery must be provided no later than 5 business days after receiving any additional discoverable information.
Any supplemental discovery must be supplemented as soon as practicable but, in any event, no later than 5 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 1 | DISCOVERY
Expert notice must be provided at least 10 days before trial and 5 days before any evidentiary hearing.
The notice must be provided at least 10 days before trial and 5 days before any evidentiary hearing.
Page 2 | DISCOVERY
Exhibits for a motions hearing must be exchanged and provided to Chambers at least one business day before the hearing.
If either party intends to present exhibits during a motions hearing, such exhibits must be exchanged and provided to Chambers at least one business day before a scheduled hearing.
Page 3 | MOTIONS
Parties must file and serve the listed pre-trial submissions no later than 4:00 p.m. one business day before trial.
No later than 4:00 p.m. one business day before trial, the parties are required to file and serve opposing counsel and Chambers with the following items:
Page 5 | 2. Pre-Trial Submissions
The served party has 10 days to cure a discovery deficiency, after which the filing party must request a hearing.
If the served party does not cure the alleged deficiency within 10 days (or otherwise adequately explain the delay), the filing party shall request a hearing on the matter by contacting Litigation Manager Athina Aguirre.
Page 2 | DISCOVERY
Motions filed after the deadline are untimely and generally will not be considered absent just cause.
Motions filed after that date are "untimely and generally will not, be considered, absent a showing of just cause for the late filing.
Page 2 | MOTIONS
Motion filing requirements and deadlines apply to all motions, including immunity motions, demurrers, pleas in bar or abatement, and specified notices.
The motion filing requirements and deadlines apply to all motions, including O.C.G.A. § 16-3-24.2 immunity motions, 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) and 24-4-414 evidence; (b) State's notice of intention to use child hearsay; (c) Defendant's notice of intent to raise issues
Page 2 | MOTIONS
Parties must scan and email all exhibits individually to the Court Reporter within 5 business days after final disposition due to eFileGA size limits.
Due to size limits of eFileGA, parties shall scan individually and email to the Court Reporter all exhibits within 5 business days after final disposition.
Page 5 | 3. Mail Submission of Exhibits
A Notice of Discovery Deficiency may be filed at any time after the discovery deadline.
Such Notice may be filed at any time after the discovery deadline has passed.
Page 2 | DISCOVERY
Service and Proof of Service Rules
Service copies of motions must be served on opposing counsel via e-filing, email, or U.S. Mail, preferring e-filing or email over mail.
Service copies must be served upon Opposing counsel via the Court’s e-filing system, email, or U.S. Mail. If feasible, the Court’s e- .filing system or email shall be used instead of U.S.
Page 3 | MOTIONS
Oversized and non-paper exhibits may be submitted as a digital photograph of the item marked with an exhibit sticker; DVDs, CDs, and other media must be provided to the Court Reporter as an original and a copy in a hard case.
For oversized and non-paper exhibits, a digital photograph of the item marked with an exhibit sticker may be submitted. For DVDs, CDs, and other media, parties must provide the Court Reporter with the original and a copy contained in a hard case.
Page 5 | 3. Mail Submission of Exhibits
Courtesy Copy Requirements
A courtesy copy of any motion for extension and proposed order must be provided to Judge Camesale’s Chambers via email to Litigation Manager Athina Aguirre, as with all motions.
consideration. As with all motions, a courtesy copy of any motion for extension and proposed order must be provided to Judge Camesale’s Chambers via email to Litigation Manager Athina Aguirre at
Page 1 | DISCOVERY
A courtesy copy of a Notice of Discovery Deficiency must be emailed to Chambers.
passed. A courtesy copy of such a notice must be provided to Chambers via email to Litigation Manager Athina Aguirre at
Page 2 | DISCOVERY
A copy of any motion extension request and proposed order must be emailed to Chambers.
deadline. A copy of any request for extension and proposed order must be provided to Chambers via email to Litigation Manager Athina Aguirre at
Page 2 | MOTIONS
A courtesy copy of every motion, request, and notice must be emailed to Chambers.
Mail. A courtesy copy of every motion, request, and notice must be provided to Chambers via. email to Litigation Manager Athina Aguirre at
Page 3 | MOTIONS
Adjournment & Extension Requirements
Motions to extend discovery deadlines must be filed and include a detailed fact-based explanation, a proposed extended deadline, and a proposed order.
Any motions for an extension of discovery deadlines shall be filed. Such motions must provide a detailed, fact-based explanation of the need for an extension and a proposed extended deadline, along with a proposed order for the Court's consideration.
Page 1 | DISCOVERY
Requests to extend motion deadlines must be filed and include a detailed fact-based explanation and a proposed extended deadline.
Any request for extensions shall be filed and shall include a detailed, fact-based explanation of the need for the extension and a proposed extended deadline.
Page 2 | MOTIONS
Parties must confer before the Final Plea date; if discovery issues are not raised in advance as required, the Final Plea date will not be continued for that reason.
The Court hereby ORDERS the parties to confer before the Final Plea date to determine the State’s offer and whether. the Defendant will enter a plea of guilty or move forward to trial. If the parties fail to bring discovery issues to the Court’s attention in advance of the Final Plea date in the manner required above, the Final Plea date may not be continued for this reason.
Page 4 | NEGOTIATED PLEAS & OPPORTUNITY TO WITHDRAW PLEAS
Chambers Communication Rules
Courtesy copies are emailed to Chambers at Athina.Aguirre@fultoncountyga.gov.
consideration. As with all motions, a courtesy copy of any motion for extension and proposed order must be provided to Judge Camesale’s Chambers via email to Litigation Manager Athina Aguirre at
Page 1 | DISCOVERY
A hearing must be requested by contacting Litigation Manager Athina Aguirre.
If the served party does not cure the alleged deficiency within 10 days (or otherwise adequately explain the delay), the filing party shall request a hearing on the matter by contacting Litigation Manager Athina Aguirre.
Page 2 | DISCOVERY
Motion extension requests and proposed orders are emailed to Chambers at Athina.Aguirre@fultoncountyga.gov.
deadline. A copy of any request for extension and proposed order must be provided to Chambers via email to Litigation Manager Athina Aguirre at
Page 2 | MOTIONS
Interpreter requests must be emailed to Litigation Manager Athina Aguirre as soon as practicable before trial; hearing impaired and critical language interpretation requests must be made 10 days before any hearing or trial.
interpreters. Requests for interpreters must be made via email to Litigation Manager Athina Aguirre at .Athina.Aguirre@fultoncountv2a.gov as soon as practicable before trial. Requests for hearing impaired interpretation services and for interpretation of critical languages must be made 10 days before any hearing or
Page 5 | 4. Special Arrangements
Requests for court production of an incarcerated Defendant or witness must include the individual's name, location, and booking ID and be submitted to Litigation Manager Athina Aguirre; certain entities require at least 30 days' notice.
Please submit requests, with an individual's name, location, and booking ID, to Litigation Manager Athina Aguirre at Athina.Aguirre@fultoncountyga.gov. Note that certain entities require at least 30 days' notice.
Page 6 | 5. Court Production Orders
Counsel intending to use courtroom equipment to present evidence or argument must schedule an appointment in advance of any trial or hearing to test the equipment.
In the event any party intends to utilize electronic or other equipment available in the courtroom to present evidence or argument, counsel must schedule an appointment in advance of any trial or hearing to test the equipment and ensure they are able to work the equipment.
Page 6 | 6. Courtroom Equipment
Counsel should jointly contact the Litigation Manager by email to schedule planned guilty pleas.
Counsel should jointly contact Litigation Manager Athina Aguirre at Athina.Aguirre@fultoncountvga.gov to schedule planned guilty pleas.
Page 4 | NEGOTIATED PLEAS & OPPORTUNITY TO WITHDRAW PLEAS
Requests to adjust courtroom logistics for physical, health/safety, or other special needs of litigants or witnesses must be directed to Litigation Manager Athina Aguirre.
The Court is amenable to adjusting logistics in the courtroom to accommodate physical, health/safety, or other special needs of litigants or witnesses. Please contact Litigation Manager Athina Aguirre with such requests.
Page 5 | 4. Special Arrangements
Exhibits submitted after final disposition are emailed to the Court's assigned Court Reporter, Carrie Newman, at Carrie.Newman@fultoncountyga.gov.
case. Carrie Newman is the Court’s assigned Court Reporter, and her email address is
Page 5 | 3. Mail Submission of Exhibits