Superior Court of Fulton County Adjournment & Extension Requirements
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Rules 1 to 50, page 1 of 4
Requirements for requesting adjournments, extensions, and continuances.
CRITICALCriminal cases
Leave of absence requests must be filed and served pursuant to U.S.C.R. 16.1 or 16.2 and after entry of appearance of counsel; otherwise they are denied.
Note that any Leave of Absence not filed or served pursuant to U.S.C.R. 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 U.S.C.R. 16.4.
CRITICALCriminal cases
The Final Plea Date cannot be reset without good cause and an express court order.
The Final Plea Date shall not be reset absent good cause shown and express order of this Court.
CRITICALCivil cases
Discovery extension requests must include a description of discovery conducted to date, the requested extension, a schedule of outstanding discovery, and an explanation of why the original deadline was insufficient.
All requests for discovery extensions shall include a basic description of discovery conducted thus far, the requested deadline extension, a specific schedule of outstanding discovery to be completed during the requested extension, and an explanation as to why the deadline(s) set in the original CSSO was insufficient.
CRITICALCivil cases
Any request to extend discovery deadlines must be accompanied by a proposed Revised Scheduling Order listing all proposed extensions and stating whether the Court has previously granted extension requests.
In the event an extension to the discovery deadline(s) established in the CSSO is requested, the moving party shall submit a proposed Revised Scheduling Order, which must include all proposed deadline extensions as well as a statement indicating whether the Court has previously granted extension requests.
CRITICAL
Failure to secure a court reporter is not grounds for a continuance.
Failure to secure a court reporter will not be grounds for a continuance.
CRITICALCriminal cases
No exceptions, extensions, or waivers to the order's requirements without express court permission.
Absent express permission from the Court, no exceptions, extensions, or waivers to the requirements set forth herein are allowed.
CRITICALCivil cases
Participation in mediation or other ADR does not excuse or delay discovery, motion, or trial deadlines (i.e., ADR is not grounds for extensions or adjournments).
Participation in mediation or some other form of ADR shall not delay discovery, motions, or trial.
CRITICALCriminal cases
Extension requests for the Discovery Date deadline must be submitted by written motion by that deadline, with a detailed explanation and the amount of time needed.
Any request for an extension of the Discovery Date deadline shall be submitted by written motion to the Court by the Discovery Date 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.
CRITICAL
Modifying any deadline, status conference, or hearing date requires court approval even if all parties consent.
Modification of any deadline, status conference, or hearing date requires approval of the Court, even if all Parties consent to the change.
CRITICALCriminal cases
A party seeking a continuance or status conference must notify the court in writing at least seven days before the Final Plea/Trial Date and identify the specific grounds.
In the event a party intends to seek a continuance or has any other problem with going forward with trial on the assigned Final Plea and Trial Date due to incomplete production of discovery, incomplete witness information, client difficulties, a request for a psychological evaluation, or otherwise, that party must notify the court by written request for a continuance and/or a status conference at least seven days before the Final Plea/Trial Date absent good cause shown. The written request must specifically identify the grounds for the continuance, conference, or other problems with going forward with trial.
CRITICALCivil cases
To modify the Case-Specific Scheduling Order, the moving party must email the Staff Attorney, with all parties copied, a proposed Revised Scheduling Order including all proposed deadline extensions and a statement of whether the Court has previously granted extension requests.
In the event a modification to the CSSO is requested, the moving party shall submit a proposed Revised Scheduling Order, including all proposed deadline extensions and a statement indicating whether the Court has previously granted extension requests, to the Staff Attorney via email, with all parties copied.
CRITICALCivil cases
Parties must immediately notify the Court of any problem or dispute that could delay the case or cause a missed deadline.
The Court shall be notified immediately of any problem or dispute (e.g., discovery issues, witness unavailability, illness, or the late addition of parties or claims) that could delay the case or cause a party to miss a deadline.
CRITICAL
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.
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.
CRITICAL
A leave request is automatically granted if it complies with U.S.C.R. 16.1, does not exceed 30 days, no prior calendar notice was given, opposing counsel files no written objection within 10 days, and the Court does not deny within 10 days.
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.
CRITICALCivil cases
Discovery extensions are granted only for good cause shown.
An extension of discovery will be granted only for good cause shown.
CRITICALCivil cases
Extensions for dispositive motions are granted only for good cause shown.
Extensions for filing dispositive motions will only be granted for good cause shown.
CRITICALCivil cases
Extensions for pre-trial orders are granted only for good cause shown.
Extensions for submitting proposed pre-trial orders will be granted only for good cause shown.
CRITICAL
Continuance/reset requests and notices of conflict must be filed with the Clerk with a courtesy copy to chambers at least five business days before the hearing.
Requests for continuance or reset and notices of conflict must be filed with the Clerk and a courtesy copy submitted to Judge Edwards’ chambers not less than five business days prior to the scheduled hearing/conference.
CRITICAL
Requests submitted to chambers less than five business days before a hearing are treated as late/untimely unless authorized by statute.
Requests, pleadings or filings submitted to chambers less than five business days prior to any hearing date will be treated as late filed and/or untimely, unless later filing is authorized by statute.
CRITICAL
Extension requests for discovery deadlines must be in writing, include a detailed fact-based explanation, and be accompanied by a proposed order submitted via email in Word format.
Motions for extensions of discovery deadlines shall be submitted in writing to the Court; and must provide a detailed, fact-based explanation of the need for the extension, along with a proposed order for the Court’s consideration. Proposed orders shall be submitted to the Court’s Litigation Manager via email in a Microsoft word document format.
CRITICALCivil cases
Any modification of a deadline or hearing date requires court approval even with party consent; requests should be made early.
Modification of any deadline or hearing date requires approval of the Court even if all parties consent to the change. Requests that - the Court extend a deadline or hearing date should be made as early as the need becomes apparent.
CRITICALCriminal cases
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.
CRITICAL
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.
CRITICAL
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.
CRITICAL
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.
CRITICAL
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.
CRITICALCriminal cases
Parties seeking a continuance or status conference must notify the court in writing at least 30 days before the Final Plea and Trial Date, identifying the specific grounds, absent good cause.
In the event a party intends to seek a continuance or has any other problem with going forward with trial on the assigned Final Plea and Trial Date due to incomplete production of discovery, incomplete witness information, client difficulties, a request for a psychological evaluation or otherwise, that party must notify the court by written request for a continuance and/or a status conference at least 30 days before the Final Plea and Trial Date absent good cause shown. The written request must specifically identify the grounds for the continuance, conference or other problems with going forward with trial.
CRITICALCriminal cases
Requests for an extension of the Discovery Date deadline must be filed by written motion by that deadline and must include a detailed, fact-based explanation of the need for the extension.
Any request for an extension of the Discovery Date deadline shall be submitted by written motion to the Court by the Discovery Date deadline. Such motions must provide a detailed, fact- based explanation of the need for the extension including the amount of time actually needed to provide outstanding discovery, along with a proposed order for the Court’s
CRITICALCriminal cases
Outstanding forensic testing must be brought to the Court's attention by 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 and other Court dates and deadlines.
CRITICAL
Parties must notify the Court immediately of any problem that could delay deadlines; deadline or hearing date modifications require Court approval even with party consent; extension requests must be made before the deadline expires; continuances require good cause.
Notify the Court immediately of any problem or dispute (e.g., discovery issues, witness unavailability, illness, or the late addition of parties or claims) that could delay the deadlines or hearing dates set by the Court. Modification of any deadline or hearing date requires the Court's approval, even if all parties consent to the change. Any requests for deadline extensions should be made as soon as the need arises and before the deadline expires. No continuances will be granted except for good cause shown.
CRITICAL
Any modification of a deadline or hearing date requires the Court's approval, even if all parties consent.
Modification of any deadline or hearing date requires the Court's approval, even if all parties consent to the change.
CRITICALCivil cases
Discovery extension requests must include a proposed Scheduling Order with all proposed deadline extensions, a statement of prior grants, a description of discovery conducted, a schedule of outstanding discovery, and an explanation of why the original deadline was insufficient.
In the event an extension to any discovery deadline(s) imposed by statute or a Scheduling Order is requested, the moving party shall submit a proposed Scheduling Order or Revised Scheduling Order, which must include all proposed deadline extensions as well as a statement indicating whether the Court has previously granted extension requests. All requests for discovery extensions shall include a basic description of discovery conducted thus far, the requested deadline extension, a specific schedule of outstanding discovery to be completed during the requested extension, and an explanation as to why the original deadline was insufficient.
CRITICALCriminal cases
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.
CRITICALCriminal cases
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.
CRITICALCriminal cases
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.
CRITICAL
Continuances are granted only upon a showing of good cause.
No continuances will be granted except for good cause shown.
CRITICALCivil cases
No exceptions, extensions, or waivers are allowed without express court permission.
Absent express permission from the Court, no exceptions, extensions or waivers to the requirements set forth herein are allowed.
CRITICALCriminal cases
Discovery extension requests must be filed by written motion by the Discovery Date deadline and include a detailed fact-based explanation, the time needed, and a proposed order.
Any request for an extension of the Discovery Date deadline shall be submitted by written motion to the Court by the Discovery Date 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.
CRITICALCriminal cases
A party must request a continuance or status conference in writing at least 7 days before the Final Plea and Trial Date, absent good cause.
that party must notify the Court by written request for a continuance and/or a status conference at least seven (7) days before the Final Plea and Trial Date absent good cause shown.
CRITICALCriminal cases
Requests to extend discovery for outstanding forensic testing must be filed PRIOR TO the Discovery Date 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 Date deadline to prevent delays in the trial and other Court dates and deadlines.
CRITICAL
Continuances are granted only for exceptional circumstances.
Continuances will be granted only due to exceptional circumstances.
CRITICAL
Any deadline or hearing date change requires Court approval even when all parties agree.
Modification of any deadline or hearing date requires the Court's approval, even if all parties consent to the change.
CRITICALCriminal cases
Attorneys must appear at all published calendars and properly noticed court appearances unless a timely Leave of Absence under USCR 16.1/16.2, a conflict letter under USCR 17.1, or express Court excusal applies.
Attorneys are required to appear at all published calendars and properly noticed court appearances. unless a proper Leave of Absence in accordance with USCR. 16.1 or 16.2 or a proper conflict letter in accordance with USCR 17.1 is timely filed--- or the attorney is otherwise expressly excused by the Court.
CRITICALCriminal cases
Requests for extension of the discovery deadline must be a written motion filed by the deadline, including a detailed factual explanation, time needed, and a proposed order.
Any request for an extension of the deadline within which to serve discovery shall be submitted in the form of a written motion to the Court by the discovery deadline. Such motions must provide a detailed, fact-based explanation of the need for the extension, including the amount of time actually needed to provide outstanding discovery, along with a proposed Order for the Court's consideration.
CRITICALCriminal cases
A Leave of Absence that is not filed or served pursuant to USCR 16.1 or 16.2, or filed before entry of appearance in a case at issue, or not served on chambers, stands automatically denied under USCR 16.4.
Note that any Leave of Absence not filed or served pursuant USCR 16.1 or 16.2 or filed prior to entry of appearance of counsel in a case at issue and not served upon chambers, stands DENIED under USCR 16.4.
CRITICAL
Extension requests for Scheduling Order deadlines must include a proposed Amended Scheduling Order, prior extension history, discovery status, and a schedule of outstanding discovery.
the deadlines(s) set forth in the Scheduling Order is requested, the moving party shall submit a proposed Amended Scheduling Order, which must include all proposed deadline extensions, as well as, a statement indicating whether the Court has previously granted extension requests. All requests for extensions of the discovery period shall include a basic description of discovery conducted thus far, the requested deadline extension, a specific schedule of outstanding discovery to be completed during the requested extension, and an Page 3 of 8 ===== PAGE 4 ===== explanation as to why the deadline set forth in the original Scheduling Order should be altered.
CRITICALCriminal cases
The Final Plea Calendar date will not be reset unless good cause is shown and the Court expressly authorizes it.
The Court will not reset the Final Plea Calendar date absent a showing of good cause and express authorization by the Court.
CRITICALCriminal cases
Requests to extend the discovery service deadline must be made by written motion filed by the discovery deadline, with a detailed fact-based explanation including the amount of time actually needed to provide outstanding discovery.
Any request for an extension of the deadline within which to serve discovery shall be submitted in the form ofa written motion to the Court by the discovery deadline. Such motions must provide a detailed, fact-based explanation of the need for the extension. including the amount of time actually needed to provide outstanding discovery.
CRITICALCriminal cases
Outstanding forensic testing must be raised via a timely request for an extension filed before the discovery deadline.
Any and all outstanding forensic testing, requested by either party, must be brought to the Court's attention by way of timely request for an extension filed PRIOR TO the discovery deadline in order to prevent delays in connection with the trial of the case and/or other court dates and/or court-imposed deadlines.
CRITICALCriminal cases
Continuance motions must be filed at least 14 business days before the Final Plea Calendar or Trial Date, absent good cause, and must identify the grounds for the request.
In the event counsel desires to seek a continuance from the Final Plea Calendar or the Trial Calendar, counsel must notify the Court by filing a motion for continuance and/or status conference at least 14 business days before the Final Plea Calendar and/or Trial Date, absent good cause shown. Such motion shall specifically identify the grounds for the request for continuance and/or conference
How do I request an adjournment or extension in Superior Court of Fulton County?
Superior Court of Fulton County: If you cannot appear at a hearing, contact the Court Clerk at least 48 hours beforehand.
Judge Scott McAfee: The Court will entertain a continuance of sentencing on good cause shown by either party.
Judge Shukura L. Ingram: Requests to extend discovery deadlines are granted only when exigent circumstances exist.
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