Judge Robert C. I. McBurney
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Email • Upon Filing
Courtesy copies
Discovery Motion
Motion, Response
Adjournments
- Requests for leave of absence are granted if they comply with USCR 16.1, do not exceed 30 days, cover no scheduled matters, are e-mailed to the Court, and are not denied within 10 days; leave exceeding 30 days or covering scheduled dates is denied and leave does not excuse deadlines.
- Motions to extend the discovery deadline must include a detailed, fact-based explanation of the need for the extension.
- Requests for extensions should be e-mailed to Ms. Nelson, copying opposing counsel, with a detailed, fact-based explanation of the need.
Request must include
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Chambers
Clerk
Page & Word Limits1 rule
Motions, responses, and other pleadings are limited to 25 pages; documents longer than 25 pages require prior court permission and may be stricken if not approved.
Motions, responses, and other pleadings should be double-spaced (unlike this Order), in the font of your choice but the font size of the Court's choice (12-point or larger), and no longer than twenty-five pages. If you feel compelled to write more than twenty-five pages, please obtain permission from the Court before filing your document, as it may be stricken from the record if not cleared in advance.
Pleading
25 pages
Document Format Requirements3 rules
Motions, responses, and other pleadings must be double-spaced with a font size of 12-point or larger.
Motions, responses, and other pleadings should be double-spaced (unlike this Order), in the font of your choice but the font size of the Court's choice (12-point or larger), and no longer than twenty-five pages.
Documents emailed for Court review must be in PDF format.
for the Court's review (motions and other pleadings) should be sent in .PDF format. Documents e-mailed
Documents for Court signature (e.g., proposed orders) must be in Microsoft Word format.
Documents e-mailed for the Court's signature (proposed orders, etc.) should be sent in Microsoft Word format.
DOCX
Document Filing Requirements16 rules
Motions for attorney's fees must cite authorizing statutes, set forth the factors the Court must assess, and identify required findings and conclusions, or the request may be denied.
All motions for attorney's fees shall cite to all relevant statutes or other provisions of law authorizing the request. Such motions shall also set forth the requisite factors and considerations the Court must assess, as well as identify the findings and conclusions required by law. Absent such detail, attorney's fee requests may be denied.
Document Type
Motion
Consolidated pretrial orders are required in every case, due one week prior to trial, and delivered via email to the appropriate judicial officer's staff.
Consolidated pretrial orders are required in every case; they are due one week prior to trial and should be delivered via e-mail to Monica Niles at monica.niles@fultoncountyga.gov for trials before Judge McBurney and to Deedra Nelson at deedra.nelson@fultoncountvga.gov for trials before Judicial Officer Kaye.
Document Type
Pretrial Order
In cases involving minor children, parties must exchange, email to the Court, and e-file an updated domestic relations financial affidavit, proposed child support worksheet, addendum, and parenting plan one week prior to trial.
Pursuant to USCR 24.2, if the case involves minor children, the parties must (1) exchange, (2) e-mail to the Court, and (3) e-file an updated domestic relations financial affidavit, a proposed child support worksheet, proposed child support addendum and proposed parenting plan one week prior to trial.
Document Type
Domestic Relations Financial Affidavit
Petitions to withdraw as counsel must comply with USCR 4.3 or they will be denied.
Petitions to withdraw as counsel must comply with USCR 4.3; failure to do so will result in the petition being denied.
Document Type
Petition To Withdraw
Defendant must not file generalized discovery motions; discovery litigation must be limited to specific alleged failures.
17-16-4(c). The Defendant is directed not to file generalized motions compelling disclosure of otherwise discoverable materials. Rather, the Defendant shall limit discovery litigation to specific instances in which the Defendant believes the State has failed to comply with its discovery
Document Type
Discovery Motion
Motions to extend the discovery deadline must include a proposed order.
along with a proposed order
Document Type
Discovery Motion
Each motion must be limited to a single issue and must identify with particularity the item, statement, or event at issue.
Rather, 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 vein, motions must specify, with particularity, the item(s) or statement(s) or event(s) at issue.
Document Type
Motion
No limited entries of appearance: entering counsel serves as full-time, full-service lawyer until permitted to withdraw.
There are no "limited" entries of appearance. If you enter the case as counsel for a party, you are that litigant's full-time, full-service lawyer until you are permitted to withdraw.
Document Type
Notice Of Appearance
The affidavit of diligent search must include proof of attempted service at Respondent's last known address.
To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search (which includes proof of attempted service at Respondent's last known address) within sixty days of filing the case.
Document Type
Affidavit Of Diligent Search
Evidence for motions to enforce settlement agreements must be submitted with the motion, and affidavits authenticating documents are required for the Court to consider them as evidence.
Evidence the Court will need to rule on such motions such as signed settlement agreements, e-mails between counsel, -- etc. -- should be submitted along with the motions (or responses). Note that such evidentiary submissions require affidavits authenticating the documents for the Court to consider them as evidence.
Document Type
Motion
Requests for temporary hearings must specify the issues to be determined, the time needed, and dates of other scheduled hearings or status conferences.
Requests for temporary hearings must set out the specific issue(s) to be determined at the hearing, the time needed, as well as the date(s) of any other already scheduled hearings and/or status conferences.
Document Type
Motion
Parties must submit proposed child support worksheets, child support addenda, and parenting plans at the 30-Day Status Conference.
Parties are required to submit proposed child support worksheets, child support addenda, and parenting plans at the 30-Day Status Conference.
Document Type
Child Support Worksheets
Counsel must provide expert notices and summaries as part of discovery.
Don't forget to provide expert notices and summaries. Your expert will be very quiet if you don't.
Document Type
Expert Disclosure
The expert notice must include a meaningful summary of expected testimony and the expert's qualifications, attach any prepared report if not already provided, and state if no report was prepared.
This notice shall include a meaningful summary of the expert's expected testimony as well as her qualifications to serve as an expert witness. If the expert has prepared a report, that report should be attached to the notice if it has not already been provided in discovery. If the expert has not prepared a report, that fact should be included in the notice.
Document Type
Expert Notice
After the ten-day cure period expires, the filing party may send the Court a proposed order excluding the missing discovery.
If the served party does not cure the alleged deficiency within ten days (or otherwise adequately explain the delay), the filing party may, after the expiry of the ten days, send the Court a proposed order excluding the missing discovery.
Document Type
Proposed Order
Attorneys may rely on AI in drafting pleadings and work product without disclosing AI reliance in filings.
You are free to rely on AI in drafting -- your pleadings and preparing your work product; you do not need to disclose your reliance on AI in your filings.
Document Type
Pleading
Filing & Service rules
Electronic Filing Rules
All parties, including self-represented litigants, must e-file through eFileGA and add a service contact to their case.
Electronic filing (e-filing) has been mandatory in Fulton County Superior Court for over a decade now and it remains the rule in this Division. All parties, including self-represented litigants, must create 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 | 2. MANDATORY E-FILING
Parties filing through PeachCourt must also register with eFileGA to ensure service.
All parties filing through PeachCourt www.peachcourt.com) must also register with eFileGA at http://www.eFilega.com to ensure service.
Page 3 | MANDATORY E-FILING
A Notice of Discovery Dispute must be e-filed.
This is done by e-filing a Notice of Discovery Dispute pursuant to FD Rule 4000-6.1.2 and e-mailing a courtesy copy to the Litigation Manager.
Page 6 | 7.4
Proposed orders must not be filed electronically.
Proposed orders should never be e-filed.
Page 2 | I. CONTACTING THE COURT
The notice of discovery deficiency must be e-filed and sent to Ms. Nelson.
This notice must be e-filed and sent to Ms. Nelson.
Page 3 | II. DISCOVERY
All motions must be e-filed.
All motions must be e-filed and a courtesy copy sent to Ms. Nelson.
Page 5 | III. MOTIONS
A granted petition to withdraw is not effective until the attorney registers the client for eFileGA with a service contact added.
Any petition granted will not be effective until the attorney registers his/her client for eFileGA with a service contact added.
Page 10 | 12. PETITIONS TO WITHDRAW AS COUNSEL
Filing Timing and Cure Windows
Motions to enforce settlement agreements must be filed as soon as the need becomes apparent and no later than the due date for proposed final orders.
Motions to enforce settlement agreements must be filed as soon as the need becomes apparent and in no event later than the due date for any proposed final orders.
Page 7 | 8.4 Motions to Enforce Settlement Agreements
All litigants must participate in mediation no later than 120 days after service of the petition.
it is the standing order of this Court that all litigants must participate in mediation no later than 120 days after service of the petition.
Page 8 | 9.2 Mediation
Motions to suppress, sever, dismiss, and similar motions are not permitted after the filing deadline even if cast as motions in limine, absent just cause.
Motions to suppress, sever, dismiss, etc., are not properly cast as motions in limine and will not be permitted after the filing deadline -- again absent a showing of just cause.
Page 4 | III. MOTIONS
Motion filing deadline is set by the post-arraignment scheduling order (not the O.C.G.A. § 17-7-110 ten-day deadline); untimely motions generally will not be considered absent just cause.
O.C.G.A. § 17-7-110's ten-day post-arraignment motions deadline does not apply in this Division. Instead, a deadline for filing motions will be included in the scheduling order issued after arraignment. Motions filed after the Court's deadline are untimely and generally will not be considered, absent a showing of just cause for the late filing (such as late provision of discovery).
Page 4 | III. MOTIONS
Notices of discovery dispute filed more than 60 days after the materials were requested may be denied as stale.
Time is of the essence! Notices of discovery dispute that are filed more than 60 days after the sought-after materials were requested may be denied as stale.
Page 6 | 7.4
The Court will consider joint-compliance certificates if they are e-filed at least three days before the hearing and e-mailed to Deedra Nelson at Deedra.nelson@fultoncountyga.gov. Joint-compliance certificates filed after that deadline will be considered on a discretionary basis.
The Court will consider joint-compliance certificates if they are e-filed at least three days before the hearing and e-mailed to Deedra Nelson at Deedra.nelson@fultoncountyga.gov. Joint-compliance certificates filed after that deadline will be considered on a discretionary basis.
Page 7 | 9.1 Status Conferences
Requests for GAL appointment 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 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 desiring a written GAL report must notify the GAL no later than 45 days prior to the hearing or trial date.
If a GAL has been appointed and the parties desire a written GAL report and recommendation ("Report"), they must notify the GAL of this request no later than 45 days prior to the relevant hearing date or trial date.
Page 10 | 10.2 GAL Report
If a GAL report is requested, the GAL must submit it to the parties and the Court no later than one week prior to the hearing or trial.
If a Report is requested, the GAL shall submit the Report to the parties and the Court no later than one week prior to the relevant hearing or trial.
Page 10 | 10.2 GAL Report
A notice of discovery deficiency may be filed by either party at any time after the discovery deadline has passed.
To that end, either party may file a notice of discovery deficiency. Such notice may be filed at any time after the discovery deadline has passed.
Page 3 | II. DISCOVERY
The served party has ten days to cure an alleged discovery deficiency or explain the delay, after which the filing party may send a proposed order excluding the missing discovery.
If the served party does not cure the alleged deficiency within ten days (or otherwise adequately explain the delay), the filing party may, after the expiry of the ten days, send the Court a proposed order excluding the missing discovery.
Page 3 | II. DISCOVERY
The one standing exception to the motion filing deadline is for motions in limine seeking rulings on minor, discrete evidentiary issues.
The one standing exception to this deadline is for 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).
Page 4 | III. MOTIONS
The court-supplied motions deadline also applies to demurrers, immunity motions, other pleas in bar, insanity/mental-illness notices, and notices to admit evidence.
This court-supplied motions deadline applies as well to (1) demurrers, (2) "immunity" motions pursuant to O.C.G.A. §§ 16-3-22.1 and 16-3-24.2, (3) other pleas in bar, (4) Defendant's notice of intent to raise issues of insanity or mental illness, AND (5) notices to admit evidence pursuant to 0.C.G.A. §§ 24-4-404(b), 413, 414, and 418.
Page 4 | III. MOTIONS
Service and Proof of Service Rules
If service by publication is authorized, Petitioner must publish notice in the County's legal organ within 30 days of entry of the Order for Service by Publication.
If a service by publication is authorized, Petitioner must publish notice in the County's legal organ within thirty days of entry of the Order for Service by Publication and must file with the Clerk's office an affidavit of publication from the legal organ within sixty days of entry of the Order or the case shall stand DISMISSED.
Page 4 | SERVICE
To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search within 60 days of filing.
To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search (which includes proof of attempted service at Respondent's last known address) within sixty days of filing the case.
Page 4 | SERVICE
Petitioner must e-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.
Petitioner must e-file proof of service of the initial petition and related filings within ninety days of filing the case or the case shall stand DISMISSED absent proof of diligence in attempting service and leave of - Court.
Page 4 | SERVICE
Expert notice must be provided to the opposing party at least ten days before trial and five days before any evidentiary hearing; failure to provide substantive notice may result in exclusion of the expert.
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 calendar days before the trial or hearing. The notice must be provided at least ten days before trial and five days before any evidentiary hearing. Failure to provide this substantive notice may result in exclusion of the expert.
Page 3 | II. DISCOVERY
Parties must exchange mandatory discovery at or before the 30-Day Status Conference.
As explained in Section 7.1, parties must exchange mandatory discovery at or before the 30-Day Status Conference.
Page 7 | 9.1 Status Conferences
Parties must exchange updated financial affidavits and/or child support worksheets five days prior to any temporary hearing.
Pursuant to USCR 24.2, parties are to exchange updated financial affidavits and/or child support worksheets five days prior to any temporary hearing.
Page 8 | 9.3 Temporary Hearings
Affidavits in lieu of testimony must be served on the opposing party at least 24 hours prior to a hearing, with copies provided to the Court at the same time.
Pursuant to USCR 24.5, any affidavit in lieu of testimony is to be served on the opposing party at least 24 hours prior to a hearing. Copies of any such documents should also be provided to the Court at the same time they are provided to the opposing party.
Page 8 | 9.3 Temporary Hearings
Filing Fees and Waivers
Filing fees apply to all e-filing transactions unless the filer qualifies as indigent.
Filing fees will apply for all e-filing transactions unless you have qualified as indigent.
Page 3 | MANDATORY E-FILING
Courtesy Copy Requirements
Email copies of every motion and notice to chambers in addition to e-filing.
E-mail copies of every motion and notice to chambers. Every one. E-filing gets it in the docket, but not into our hands.
Page 1 | 3
Parties must e-mail courtesy copies of all pleadings and notices to the Court.
Parties are still required to send courtesy copies of all pleadings and notices to the Court via e-mail.
Page 3 | MANDATORY E-FILING
Courtesy copies of every motion and response must be e-mailed to the Court.
Courtesy copies of every motion and response must be e-mailed to the Court via the proper contact identified in Section 1 above.
Page 6 | 8.2
Parties must deliver physical copies of all trial exhibits to the Court one day before trial.
Parties must deliver physical copies of all trial exhibits to the Court one day before trial.
Page 9 | 9.4 Trials
Email a copy of every motion to Ms. Nelson.
E-mail copies of every motion to Ms. Nelson. Every one.
Page 1 | Box
A courtesy copy of every motion must be emailed to Ms. Nelson; failure to do so may result in the motion not being calendared and waiver of the issue.
All motions must be e-filed and a courtesy copy sent to Ms. Nelson. Failure to provide Ms. Nelson with a copy of your motion will typically result in that motion not being calendared for a hearing and may constitute waiver of the issue. Ms. Nelson does not comb the vast expanse of the Court's criminal docket to hunt for your pleadings. They should arrive in her e-mail in-box if you want them addressed.
Page 5 | III. MOTIONS
A courtesy copy of the Notice of Discovery Dispute must be e-mailed to the Litigation Manager.
This is done by e-filing a Notice of Discovery Dispute pursuant to FD Rule 4000-6.1.2 and e-mailing a courtesy copy to the Litigation Manager.
Page 6 | 7.4
A courtesy copy of a discovery-extension motion must be sent to Ms. Nelson.
a courtesy copy should be sent to Ms. Nelson
Page 2 | II. DISCOVERY
Courtesy copies of post-judgment pleadings should be emailed to Deedra Nelson.
Courtesy copies of all post-judgment pleadings should be e-mailed to Deedra Nelson at deedra.nelson@fultoncountyga.gov.
Page 10 | 11. POST-JUDGMENT MATTERS
Filing Bundling Requirements
Do not file omnibus motion packets; file one motion per filing.
Do NOT file omnibus motion packets. One motion at a time please.
Page 1 | Box
Omnibus and generalized motions are prohibited and will be denied as vague and dilatory.
Generalized motions and omnibus? motions are not to be filed; they will be denied as vague and dilatory.
Page 5 | III. MOTIONS
Adjournment & Extension Requirements
Motions to extend the discovery deadline must include a detailed, fact-based explanation of the need for the extension.
Motions for an extension of the discovery deadline must provide a detailed, fact-based explanation of the need for the extension
Page 2 | II. DISCOVERY
Requests for leave of absence are granted if they comply with USCR 16.1, do not exceed 30 days, cover no scheduled matters, are e-mailed to the Court, and are not denied within 10 days; leave exceeding 30 days or covering scheduled dates is denied and leave does not excuse deadlines.
Your request for leave is GRANTED if (a) the requested leave complies with USCR 16.1, (b) the leave does not exceed thirty days, (c) the parties have not been given notice that their matter will be scheduled on the Court's calendar during the requested leave period, (d) the leave request was e-mailed to the Court, and (e) the Court does not respond within ten days denying the leave. Leaves of absence do not relieve parties of the obligation to comply with deadlines for discovery, motions, briefs or other pleadings which may arise during the leave. A corollary of this rule is that any request for leave that exceeds thirty days and/or which includes any date(s) for which the party already has notice of scheduled court event(s) is DENIED.
Page 3 | LEAVES OF ABSENCE
Requests for extensions should be e-mailed to Ms. Nelson, copying opposing counsel, with a detailed, fact-based explanation of the need.
Any requests for extensions should be e-mailed to Ms. Nelson (copying opposing counsel) with a detailed, fact-based explanation of the need for the extension.
Page 4 | III. MOTIONS
Chambers Communication Rules
All communications with the Court must be in writing (email), include the case number in the subject line, and copy the opposing party.
When communicating with the Court, parties must do three things every time: (1) put it in writing (as in e-mail), (2) include the case number in the subject line, and (3) copy the opposing party.
Page 1 | 1. CONTACTING THE COURT
Ex parte communication with the Court is prohibited; electronic communication is encouraged.
Electronic communication is encouraged; ex parte communication is not.
Page 2 | I. CONTACTING THE COURT
Always copy opposing counsel on emails sent to the Court.
Always copy the opposing side on your e-mails to the Court.
Page 2 | I. CONTACTING THE COURT
Email must be directed to the appropriate staff member; sending the same email to another staff member will result in it being forwarded to the judge.
should direct your e-mail to the appropriate staff member. Do not send an e-mail to one staff member and, if you are displeased with the result, send the same e-mail to another staff member. Such secondary e- mails will be forwarded to the judge.
Page 2 | 1. CONTACTING THE COURT
All scheduling conflicts must be timely noticed by a conflict letter presented to the Court and opposing parties per USCR 17.1.
All scheduling conflicts must be timely noticed with a conflict letter presented to the Court and opposing parties in compliance with USCR 17.1.
Page 3 | CONFLICTS
Conflict letters for Judge McBurney must be e-mailed to Monica Niles and Michelle Hansberry with the subject line 'JUDGE McBURNEY CONFLICT LETTER CASE NAME CASE NUMBER'.
CONFLICT - LETTER CASE NAME CASE NUMBER. - - Conflict letters for matters occurring before Judge McBurney must be e-mailed to Monica Niles at monica.niles@fultoncountyga.gov and Michelle Hansberry at michelle.hansberry@fultoncountyga.gov with the following subject line: JUDGE McBURNEY
Page 4 | CONFLICTS
Parties must appear unless the Court confirms otherwise; if a conflict resolves before the end of the Court's calendar, counsel must immediately notify the Court to determine whether the matter will proceed.
Parties are not excused from appearing unless they have received confirmation from the Court. In the event the matter generating the conflict is resolved prior to the end of the Court's calendar, counsel shall immediately notify the Court to determine whether the Family Division 2 matter will proceed.
Page 4 | CONFLICTS
Conflict letters for Judicial Officer Kaye must be e-mailed to Deedra Nelson and Michelle Hansberry with the subject line 'JUDICIAL OFFICER KAYE CONFLICT LETTER CASE NAME CASE NUMBER'.
Conflict letters for matters occurring before Judicial Officer Kaye must be e-mailed to Deedra Nelson at Deedra.nelson@fultoncountyga.gov and Michelle Hansberry at michelle.hansberry@fultoncountyga.gov with the following subject line: JUDICIAL OFFICER KAYE CONFLICT - LETTER CASE NAME CASE NUMBER.
Page 4 | CONFLICTS
Joint-compliance certificates must be e-mailed to Deedra Nelson at Deedra.nelson@fultoncountyga.gov.
The Court will consider joint-compliance certificates if they are e-filed at least three days before the hearing and e-mailed to Deedra Nelson at Deedra.nelson@fultoncountyga.gov.
Page 7 | 9.1 Status Conferences
Parties should contact Fulton County's Office of ADR via email at sca.adrstaff@fultoncountvga.gov to schedule mediation or a judicially hosted settlement conference.
To do this, the parties should contact Fulton County's Office of Alternative Dispute Resolution via e-mail at sca.adrstaff@fultoncountvga.gov to schedule a mediation session or a judicially hosted settlement conference.
Page 8 | 9.2 Mediation
Direct principal communications to Litigation Manager Deedra Nelson by phone or email.
Deedra Nelson, Litigation Manager, is your principal contact; she can be reached at 404.612.6915 or deedra.nelson@fultoncountvyga.gov.
Page 1 | I. CONTACTING THE COURT
Extension requests should be e-mailed to Ms. Nelson, copying opposing counsel.
Any requests for extensions should be e-mailed to Ms. Nelson (copying opposing counsel) with a detailed, fact-based explanation of the need for the extension.
Page 4 | III. MOTIONS
Contact Ms. Nelson to request off-calendar resolution or emergency hearing before scheduled deadlines.
The Court is always open to resolving a case (or hearing a true emergency motion) before the deadlines established in your case's scheduling order. Please contact Ms. Nelson with such requests and she will find a place to squeeze it in.
Page 6 | VI. OFF-CALENDAR MATTERS