Superior Court of Fulton County Document Filing Requirements

CRITICALCriminal cases

Applies to

Conflict letter

A filed conflict letter does not excuse counsel's appearance unless there is an actual conflict, and counsel failing to follow USCR 17.1 and its subsections will not be deemed to have a conflict.

Counsel should be particularly mindful of the fact that the filing of a conflict letter **DOES NOT** serve to excuse counsel from appearing before the Court unless there is an **actual** conflict. Should counsel fail to follow the guidance of USCR 17.1 and its subsections, counsel **shall not** be deemed to have a conflict, in accordance with USCR 17.1 (A).

CRITICALCriminal cases

Applies to

Case specific scheduling order

Discovery and motion filing deadlines are set by a Case Specific Scheduling Order entered at Plea and Arraignment, and re-indicted cases remain bound by the original case's CSSO dates absent good cause and court order.

The specific deadlines for discovery and motion filing are provided in accordance with a separate Case Specific Scheduling Order ("CSSO") at Plea and Arraignment ("P &A"). Re-indicted cases are likewise bound by the CSSO dates, notices and published calendars for the originally indicted case, absent good cause shown and further Order of this Court.

CRITICALCriminal cases

Applies to

Motion to compel discovery

Motions to compel discovery must itemize specific, case-specific instances of discovery noncompliance; non-specific 'form' motions seeking generalized disclosure or exclusion will not be considered.

The parties are ordered not to file "form" motions seeking an order compelling the generalized disclosure of discoverable materials or the general exclusion of evidence. Any such non-specific "form" motions will not be considered by the Court. Should a party need to file a motion to compel discovery. the party shall itemize the articulable and case-specifie instances in which the party believes the opposing party has failed to comply with discovery obligations.

CRITICALCriminal cases

Applies to

Stipulation

Stipulations must be in writing, signed by the parties, and presented to the Court outside the jury's presence; oral stipulations before the jury are prohibited without prior Court permission.

All stipulations must be made in writing. signed by the parties and presented to the Court outside the presence of the jury. No counsel should offer to enter into a stipulation orally in front of the jury. unless prior permission is granted by the Court.

CRITICALCriminal cases

Applies to

Entry of appearance

An attorney may not appear before the Court until filing an entry of appearance complying with USCR 4.2 or a notice of substitution of counsel complying with USCR 4.3(3).

No attorney shall appear in that capacity before the Court until the attorney has filed an entry of appearance which fully complies with USCR, 4.2 or a notice of substitution of counsel which fully complies with USCR, 4.3(3).

CRITICALCivil cases

Applies to

Non pattern jury charge

Each non-pattern jury charge must include the charge text and the supporting case/statute citation.

All NON-pattern jury charges must include the text of each charge and the case/statute citation which supports the respective charge.

CRITICALCivil cases

Applies to

Exhibit list

Before jury selection, each party must provide the Court an exhibit list identifying each exhibit by number/letter and a brief description.

Before jury selection begins, each party shall provide the Court with an exhibit list. The exhibit list should include for each exhibit both the exhibit number/letter and a brief description of what the exhibit purports to be.

CRITICALCriminal cases

Applies to

Proposed order

Proposed orders must be emailed to the Litigation Manager and opposing counsel within three business days of the order's pronouncement.

Unless directed otherwise, proposed orders shall be submitted by email to the Court via the Court's Litigation Manager, Ms. Angela Sims (Angela.Sims@fultoncountyga.gov) and opposing counsel simultaneously and within three business days of the pronouncement of that order or judgment.

CRITICALCriminal cases

Applies to

Motion for extension

Must include

proposed order

Motions for extension of the discovery deadline must be accompanied by a proposed Order for the Court's consideration.

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. a/ong with a proposed Order for the Court's consideration.

CRITICAL

Applies to

Filing

Must include

ai disclosure

Counsel and pro se parties must disclose any AI use in preparing a filing by signing and filing a Disclosure of Use of Artificial Intelligence before the signature block, using the required certification language.

All counsel and *pro se* parties must disclose the use of artificial intelligence (AI) in any capacity to prepare documents submitted to the Court. If AI was used in any way to prepare a filing or submission to the Court or chambers, counsel and/or *pro se* parties are **REQUIRED** to sign and file a Disclosure of Use of Artificial Intelligence at the end of said document, before the signature block, stating as follows:

CRITICALCriminal cases

Applies to

Jury instructions

The State must include the applicable portion of the code section for each indicted offense in its submitted jury charges, and those charges do not count against the State's 15 NON-PATTERN charge limit.

Counsel for the State shall also include, within its submitted charges, the applicable portion of the code section for each offense alleged in the indictment; these jury charges will not count against the number of NON-PATTERN charges allowed the State.

CRITICALCriminal cases

Applies to

Victim impact statement

Victim impact statements must be in writing, on point, and directed to the Court and not others.

All victim impact statements must be in writing. on point and directed to the Court and not others,

CRITICALCriminal cases

Applies to

Pre trial submission

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.

CRITICALCivil cases

Applies to

Motion amended 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.

CRITICALCivil cases

Applies to

Pretrial order

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.

CRITICALCivil cases

Applies to

Scheduling order

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

CRITICALCivil cases

Applies to

Summary judgment 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.).

CRITICALCivil cases

Applies to

Motion

Must include

proposed 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.

CRITICALCriminal cases

Applies to

Discovery 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.

CRITICALCivil cases

Applies to

Default judgment

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.

CRITICALCivil cases

Applies to

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

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

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.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

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.

CRITICALCriminal cases

Applies to

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.

CRITICALCriminal cases

Applies to

Motion

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

CRITICALCriminal cases

Applies to

Written waiver of presence

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.

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.

CRITICALCriminal cases

Applies to

Expert notice

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.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

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.

CRITICALCriminal cases

Applies to

Motion in limine

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.

CRITICALCriminal cases

Applies to

Motion

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.

CRITICAL

Applies to

Motion

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.

CRITICALCriminal cases

Applies to

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.

CRITICALCriminal cases

Applies to

Discovery motion

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

CRITICAL

Applies to

Petition to withdraw

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.

CRITICALCriminal cases

Applies to

Discovery motion

Must include

proposed order

along with a proposed order

along with a proposed order

CRITICAL

Applies to

Pretrial order

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.

CRITICAL

Applies to

Domestic relations financial affidavit

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Every ministerial motion must be accompanied by a proposed order submitted electronically as a Microsoft Word document.

Every ministerial motion (e.g., motion to exceed page limit, to extend discovery, etc.) must be accompanied by a proposed order (with the proposed order submitted electronically as a Microsoft Word document).

CRITICALCriminal cases

Applies to

Jury instructions

Parties must submit all proposed jury charges; pattern charges by number only, non-pattern or modified pattern charges with full text and supporting authority.

The parties must submit all proposed requests to charge, including the charges of the particular offense(s) alleged in the indictment. For pattern charges, each party is to submit only 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 and cite the case law, statute, or other authority supporting such requested charge.

CRITICALCriminal cases

Applies to

Expert notice

Parties relying on expert testimony must provide written notice to the opposing party with a summary of the testimony and the expert's qualifications, at least 14 days before the Final Plea/Trial Calendar Call and seven days before any evidentiary hearing.

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 testimony as well as his or her qualifications to serve as an expert witness. The notice must be provided at least 14 days before the Final Plea/Trial Calendar Call and seven days before any evidentiary hearing requiring expert testimony.

CRITICALCriminal cases

Applies to

Motion

Motions must be particularized, limited to a single issue, identify the specific item/statement/evidence at issue, and state a theory; generalized omnibus motions will be denied.

Only those motions sufficiently particularized as to provide legal notice to the opposing parties will be considered by the Court. Generalized and omnibus motions are not to be filed, and if filed will be denied as vague, dilatory, and in violation of this order. Motions must specify, with particularity, the item, statement, or event at issue and must be tailored to the facts of the case at hand. Each motion shall be limited to a single issue and filed separately. Thus, a general motion seeking to suppress all statements or all evidence is insufficient and will be denied. The motion must identify the specific statement or evidence that the movant is seeking to suppress, and must provide a theory of suppression.

CRITICALCriminal cases

Applies to

Proposed order

Must include

proposed order

Proposed orders must be emailed to Litigation Manager Cheryl Vortice and opposing counsel simultaneously within three business days of the order or judgment, unless the Court directs otherwise.

Counsel shall promptly prepare orders or judgments to be presented to the Court. Proposed orders shall be submitted by email to Litigation Manager Cheryl Vortice and opposing counsel simultaneously and within three business days of the pronouncement of that order or judgment, unless directed otherwise by the Court.

CRITICALCriminal cases

Applies to

Motion

Motions to compel must itemize articulable and case-specific instances of non-compliance; form motions seeking generalized disclosure or exclusion of evidence will not be considered.

The parties are ordered not to file "form" motions seeking an order compelling the generalized disclosure of discoverable materials or the general exclusion of evidence. Any such non-specific "form" motions will not be considered by the Court. Should a party need to file a motion to compel discovery, the party shall itemize the articulable and case-specific instances in which the party believes the opposing party has failed to comply with discovery obligations.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

Extension motions must include a detailed fact-based explanation, the time needed, and a proposed order.

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

Applies to

Motion

Motions must be sufficiently particularized, limited to a single issue, and filed separately; generalized and omnibus motions will be denied.

Only those motions sufficiently particularized as to provide legal notice to the opposing parties will be considered by the Court. Generalized and omnibus motions are not to be filed, and if filed will be denied as vague, dilatory, and in violation of this order. Motions must specify, with particularity, the item, statement, or event at issue and must be tailored to the facts of the case at hand. Each motion shall be limited to a single issue and filed separately.

CRITICALCivil cases

Applies to

Document

Must include

ai disclosure

All counsel and pro se parties must include an AI disclosure statement within the certificate of service for any document prepared with AI assistance.

All counsel and pro se parties must disclose the use of artificial intelligence (AI) in any capacity to prepare documents submitted to the Court by including the following disclosure within the certificate of service: "This document was generated with the assistance of [identify AI tool name]. I hereby certify under penalty of perjury that, despite reliance on an AI tool, I have independently reviewed this document to confirm accuracy, legitimacy, and use of good and applicable law."

CRITICALCriminal cases

Applies to

Motion in limine

Each motion in limine must be a separate document limited to discrete evidentiary or procedural matters; motions raising matters that should have been resolved earlier will be denied as untimely absent good cause.

All motions in limine. Each such motion shall be a separate document. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence. It is not proper to attempt to raise, as a motion in limine, matters that should have been resolved during the pre-trial motions phase of proceedings, such as a motion to sever, etc. Such a motion cast as a motion in limine will be denied as untimely absent good cause shown.

CRITICALCivil cases

Applies to

Pretrial order

A party may not submit its own individual pre-trial order portions to the Court without written certification of good-faith efforts toward a 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.

CRITICALCriminal cases

Applies to

Motion in limine

Each motion in limine must be a separate document limited to discrete evidentiary or procedural matters; motions raising matters that should have been resolved earlier will be denied as untimely absent good cause.

All motions in limine. Each such motion shall be a separate document. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence. As mentioned above, it is not proper to attempt to raise, as a motion in limine, matters that should have been resolved during the pre-trial motions phase of proceedings, such as a motion to sever, etc. Such a motion cast as a motion in limine will be denied as untimely absent good cause shown.

CRITICALCriminal cases

Applies to

Stipulation

Stipulations must be in writing, signed by the parties, and presented outside the jury's presence.

All stipulations must be made in writing, signed by the parties, and presented to the Court outside the presence of the jury.