Superior Court of Fulton County Document Filing Requirements

CRITICALCriminal cases

Applies to

Discovery motion

Motions to compel discovery must itemize articulable, case-specific instances of non-compliance; non-specific form motions 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

Notice of appearance

An attorney must file an entry of appearance (U.S.C.R. 4.2) or a notice of substitution of counsel (U.S.C.R. 4.3(3)) before appearing before the Court.

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

CRITICALCriminal cases

Applies to

Entry of appearance

Attorneys must file an entry of appearance or notice of substitution of counsel complying with U.S.C.R. 4.2/4.3(3) before appearing.

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

CRITICALCriminal cases

Applies to

Voir dire questions

Proposed voir dire questions must be filed with the Clerk of Court, and parties need only submit additional questions beyond the Court's general ones.

A list of proposed voir dire questions. The Court has general questions it propounds (see Document Appendix). Parties only need to submit additional proposed questions. This shall be filed with the Clerk of Court.

CRITICALCriminal cases

Applies to

Exhibit list

Exhibit list must be provided to the Court and other parties prior to jury selection and include exhibit numbers and descriptions.

Any party that intends to introduce exhibits during trial must provide an exhibit list to the Court and one copy to all other parties prior to jury selection. The exhibit list should include for each exhibit both the exhibit number and a brief description of what the exhibit purports to be.

CRITICALCivil cases

Applies to

Jury charges

Counsel must submit proposed jury charges to the Court before jury selection or by the court-set deadline.

Counsel must submit to the Court any proposed jury charges prior to jury selection, or by the specific deadline set by the Court.

CRITICALCriminal cases

Applies to

Witness list

Witness list must be provided to the Court and other parties prior to jury selection and include all potential witnesses.

Any party that intends to call witnesses shall provide two copies of a witness list to the Court and one copy to every other party prior to jury selection. This list should include all potential witnesses; it is not sufficient for a party to rely on the indictment or documents provided in discovery as a witness list.

CRITICALCriminal cases

Applies to

Motion

Motions must be particularized to a single issue, specify with particularity the item(s), statement(s), or event(s) at issue, and provide a theory of suppression; generalized and omnibus motions 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. Motions seeking to suppress 'everything,' to include items not present in a particular case (e.g., an identification in a case in which no identification was made) are improper and should not be filed. 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. Thus, a motion seeking to suppress 'any and all statements' is insufficient; the motion must identify the specific statement(s) the movant is seeking to suppress, as well as provide a theory of suppression.

CRITICALCivil cases

Applies to

Exhibits

Counsel must preview exhibits with opposing counsel before relevant witnesses are called to testify.

Counsel are under a continuing obligation to preview exhibits with opposing counsel before relevant witnesses are called to the stand.

CRITICALCriminal cases

Applies to

Notice of discovery deficiency

A Notice of Discovery Deficiency must be filed before a party may seek the remedy of evidence exclusion.

If any party seeks to employ the remedy of evidence exclusion, a Notice of Discovery Deficiency must be filed.

CRITICALCivil cases

Applies to

Exhibit list

Parties introducing trial exhibits must provide an exhibit list to the Court and each opposing party before jury selection; the list should include each exhibit's number and a brief description.

Any party that intends to introduce exhibits during trial must provide an exhibit list to the Court and one copy to each opposing party prior to jury selection. The exhibit list should include for each exhibit both the exhibit number and a brief description of what the exhibit purports to be.

CRITICALCriminal cases

Applies to

Motion

Must include

proposed order

Extension motions must present a proposed order for the Court's consideration.

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, along with a proposed order for the Court9s consideration.

CRITICALCivil cases

Applies to

Pretrial order

Failure to submit a pre-trial order results in an election for a bench trial.

Failure to submit a pre-trial order will be deemed an election to proceed with a bench trial.

CRITICALCriminal cases

Applies to

Motion in limine

Motions in limine must state the relief sought and legal basis, should be limited to discrete evidentiary matters, and substantive motions masquerading as motions in limine will be denied as untimely absent compelling justification.

All motions in limine shall state clearly the relief sought and the legal basis therefor. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a medical examiner9s photos from an autopsy or the propriety of using a defendant9s purported moniker of <Maniac.= It is not proper to raise, via motions in limine, matters that should have been resolved during the pre-trial motions phase of proceedings, such as the admissibility of identification evidence or a confession. Absent compelling justification, such substantive motions masquerading as motions in limine will be denied as untimely.

CRITICALCriminal cases

Applies to

Voir dire questions

Counsel must submit all proposed voir dire questions to the Court as directed in the pre-trial submission requirements.

Voir Dire Procedure. Counsel shall submit to the Court all proposed voir dire questions as directed above.

CRITICALCivil cases

Applies to

Exhibits

All exhibits and demonstrative evidence must be marked, digitized (scanned), and exchanged before trial begins.

All exhibits and demonstrative evidence must be marked, digitized (scanned) and exchanged prior to the start of trial.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Ministerial motions must be accompanied by a proposed order, submitted electronically as a Word document.

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

CRITICALCivil cases

Applies to

Proposed order

Proposed orders on motions for summary judgment should include detailed findings of facts and conclusions of law which the Court may adapt as appropriate.

Proposed orders on motions for summary judgment should include detailed findings of facts and conclusions of law which the Court may adapt as appropriate.

CRITICALCriminal cases

Applies to

Motion in limine

All motions in limine must be filed with the Clerk of Court.

All motions in limine must be filed with the Clerk of Court.

CRITICALCivil cases

Applies to

Exhibits

The parties must confer before trial on any issues of exhibit authenticity.

The parties must confer before trial concerning any issues of authenticity.

CRITICALCivil cases

Applies to

Witness list

Parties intending to call witnesses or present deposition testimony must provide a witness list to the Court and each opposing party before jury selection.

Any party that intends to call witnesses (or present deposition testimony) must provide a witness list to the Court and one copy to each opposing party prior to jury selection.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

Parties seeking to import their own equipment must provide a proposed order to Ms. Candler at least two business days before trial.

Any party seeking such an order must provide a proposed order to Ms. Candler at least two business days before trial.

CRITICALCivil cases

Applies to

Discovery extension request

Discovery extension requests must include current and proposed deadlines, discovery conducted, requested extension, and a schedule of outstanding discovery.

The request for a discovery extension, for which a formal motion is not required, shall include all the current deadlines and all proposed litigation deadline extensions, including the new proposed deadlines for filing dispositive motions and readiness for trial. All requests for discovery extensions shall also include a list of discovery conducted thus far, the requested deadline extension, 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

Applies to

Motion

Motions must be particularized, identifying the specific item, statement, or evidence at issue with a theory of suppression and legal citations; 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 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. The motion must identify the specific statement or evidence that the movant is seeking to suppress, as well as provide a theory of suppression, supported by citations to applicable persuasive legal authority.

CRITICALCivil cases

Applies to

Pretrial order

Parties must identify in the pretrial order each exhibit and deposition, interrogatory, or request to admit response they may introduce; such items are admitted at trial unless objected to in the pretrial order.

In preparing the pre-trial order, each party shall identify to opposing counsel each deposition, interrogatory or request to admit response, or portion thereof, which the party expects to or may introduce at trial, except for impeachment. All exhibits, depositions, interrogatories, and requests to admit responses shall be admitted at trial when offered unless the opposing party indicates an objection to it in the pre-trial order.

CRITICALCriminal cases

Applies to

Firearm evidence

Firearms or guns used at trial must have a locked external locking mechanism before entering the courtroom, and counsel must affirm in open court that the weapon has been checked to contain no ammunition.

All firearms or guns that are to be used during the trial must be fitted with an external locking mechanism that is locked before they arrive in the courtroom. Counsel shall also affirm in open court that the firearm or gun has been checked to ensure that no ammunition is in the gun or firearm.

CRITICALCriminal cases

Applies to

Pretrial submission

Pre-trial submissions must include a list of potential voir dire questions, a list of all potential witnesses, and all motions in limine.

the parties are required to file with the Clerk of Court, serve on opposing counsel by email and submit by email to the Litigation Manager Matthew Cormier at Matthew.cormier@fultoncountyga.gov, by. 4 p.m. one week before the first day of trial, the following FIVE ITEMS: a. A list of potential voir dire questions. See below: Voir Dire Procedure utilized by Judge Cox. b. 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 all pre-trial discovery requirements concerning witnesses, including the disclosure of all requisite identifying information and the content of expert opinions, if any. c. All motions in limine.

CRITICALCivil cases

Applies to

Conflict letter

Conflict letters must follow Uniform Superior Court Rule 17.1 in proposing a resolution; submitting a conflict letter alone does not excuse attendance at trial.

All conflict letters must be submitted three (3) weeks before the trial calendar begins and must follow Uniform Superior Court Rule 17.1 in proposing a resolution. Please note that the submission of a conflict letter alone does not excuse counsel or self-represented litigants from the trial of the case.

CRITICALCivil cases

Applies to

Ministerial motion

Must include

proposed order

Every ministerial motion must be accompanied by a proposed order.

Every ministerial motion (e.g., motion to extend, exceed page limits, withdrawal) must be accompanied by a proposed order.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders must be emailed to the Senior Staff Attorney in Microsoft Word format at the time of filing the corresponding motion or response and must not be filed with the clerk of court.

Proposed orders shall be emailed to the Court in Microsoft Word Format contemporaneously with the filing of either the corresponding motion or response. Parties are required to email all proposed orders to the Senior Staff Attorney, Erik Smith at erik.smith@fultoncountyga.gov. Proposed orders shall not be filed with the clerk of court. Once again, proposed orders shall not be filed with the clerk of court.

CRITICALCriminal cases

Applies to

Discovery motion

Form motions to compel are prohibited; motions to compel must itemize case-specific instances of non-compliance.

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.

CRITICALCivil cases

Applies to

Pretrial order

A fully consolidated pre-trial order must be emailed to the Judge's chambers by the scheduling order deadline; the plaintiff/petitioner consolidates it and all other parties must exchange their portions to the plaintiff/petitioner no later than 10 business days before the due date.

All parties shall submit, by email, a fully consolidated pre-trial order directly to the Judge's chambers by the deadline set forth in the Scheduling Order. See O.C.G.A. §9-11-16. Plaintiff/Petitioner shall be responsible for consolidating the pre-trial order. All other parties shall exchange their portions of the consolidated pre-trial order to the Plaintiff/Petitioner no later than ten (10) business days prior to the due date.

CRITICALCivil cases

Applies to

Pretrial order

The Consolidated Pretrial Order must state all theories of liability, legal issues, damages sought, actionable conduct, and affirmative defenses.

Upon compiling material for the submission of the Consolidated Pretrial Order, the plaintiff shall explicitly state each and every theory of liability and legal issues raised, together with the type and amount of each type of damage sought. The specific actionable conduct shall be set out, and, in a multi-defendant case, the actionable conduct of each defendant shall be identified. The defendant shall explicitly set out any affirmative defenses upon which it intends to rely at trial, as well as satisfy the above requirements with respect to any counterclaims.

CRITICALCivil cases

Applies to

Pretrial order

The Consolidated Pretrial Order must identify trial witnesses by name, or such witnesses may be excluded from trial; parties may not reserve the right to supplement their lists or adopt another party's list.

In identifying witnesses, it is not sufficient to include boiler plate language covering groups of potential witnesses, such as "all individuals identified during discovery." Instead, trial witnesses must be identified by name. Failure to identify a witness, including expert witnesses, by name in the consolidated pretrial order may result in the exclusion of the undisclosed witness' testimony from trial. In listing witnesses or exhibits, a party may not reserve the right to supplement his list, nor shall a party adopt another party's list by reference.

CRITICALCriminal cases

Applies to

Expert witness notice

Parties relying on expert testimony must provide written notice including a summary of the testimony and the expert's qualifications.

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 3 ===== PAGE 4 ===== testimony as well as her qualifications to serve as an expert

CRITICALCriminal cases

Applies to

Dvd cd

DVDs/CDs must be provided to the court reporter as an original plus one copy, contained in a hard case.

Regarding DVDs/CDs and the like, provide the court reporter with the original and one copy. They must be contained in a hard case (such as a jewel case).

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

Discovery dispute motions must conform to Uniform Superior Court Rules 6.4(A) and (B), including a certificate of conference filed with the motion.

Any motion seeking resolution of a discovery dispute must conform to the requirements of Uniform Superior Court Rules 6.4(A) and (B). Specifically, all parties are reminded of the requirement that both parties confer with one another prior to raising a discovery dispute with the Court. These rules also require that "at the time of filing the motion, counsel shall also file a statement certifying that such conference has occurred and that the effort to resolve by agreement the issues raised failed." Ga. Unif. Super. Ct. R. 6.4(B).

CRITICALCivil cases

Applies to

Witness list

Parties must provide a witness list to the Court and opposing parties prior to jury selection.

Any party that intends to call witnesses (or present deposition testimony) must provide a witness list to the Court and one copy to each opposing party prior to jury

CRITICALCivil cases

Applies to

Pretrial order

Parties must submit a consolidated pre-trial order three weeks before trial calendar or by court deadline.

If any party files a jury demand or otherwise desires a jury trial, the parties must submit, directly to the Court, a consolidated pre-trial order three weeks before the trial calendar begins or on the deadline set by the Court.

CRITICALCivil cases

Applies to

Exhibits

All exhibits and demonstrative evidence must be marked, digitized, and exchanged prior to trial.

All exhibits and demonstrative evidence must be marked, digitized (scanned)and exchanged prior to the start of trial.

CRITICALCivil cases

Applies to

Deposition dispute list

Parties must jointly prepare a list of disputed deposition page and line numbers and provide it to the Court with their motions in limine.

If the parties cannot agree on what portions of the deposition testimony, if any, should be excluded, the parties must jointly prepare a list of the page and line numbers at issue and provide it to the Court at the time they file their motions in limine, along with the relevant text from the deposition(s).

CRITICAL

Applies to

Ministerial motion

Must include

proposed order

Every ministerial motion must be accompanied by a proposed order submitted electronically to Mr. Kerns in Microsoft Word format.

Every ministerial motion (e.g., motion to file reply brief, to extend discovery, etc.) must be accompanied by a proposed order (with the proposed order submitted electronically to Mr. Kerns in Microsoft Word format).

CRITICALCivil cases

Applies to

Pretrial order

Failure to submit a pre-trial order results in a bench trial election.

Failure to submit a pre-trial order will be deemed an election to proceed with a bench trial.

CRITICALCivil cases

Applies to

Proposed order

Parties seeking an order to import equipment must provide a proposed order to Mr. Kerns at least two business days before trial.

Any party seeking such an order must provide a proposed order to Mr. Kerns at least two business days before trial.

CRITICAL

Applies to

Rule 6 3 pleading

A party seeking oral argument on a summary judgment motion must comply with Uniform Superior Court Rule 6.3 and file a pleading to that effect.

A party seeking oral argument on a motion for summary judgment must comply with Uniform Superior Court Rule 6.3 and file a pleading to that effect.

CRITICALCivil cases

Applies to

Exhibit list

Parties must provide an exhibit list to the Court and opposing parties prior to jury selection, including exhibit numbers and descriptions.

Any party that intends to introduce exhibits during trial must provide an exhibit list to the Court and one copy to each opposing party prior to jury selection. The exhibit list should include for each exhibit both the exhibit number and a brief description of what the exhibit purports to be.

WARNINGCriminal cases

Applies to

Exhibit list

Exhibit lists must 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.

WARNINGCivil cases

Applies to

E document

The electronic title of each E-Document shall, to the extent practicable, include: i. the party or parties filing the E-Document, ii. the nature of the E-Document, and iii. the nature of the relief sought.

The electronic title of each E-Document shall, to the extent practicable, include: i. the party or parties filing the E-Document, ii. the nature of the E-Document, and iii. the nature of the relief sought.

WARNINGCivil cases

Applies to

Proposed order

Proposed Orders may be E-Filed as exhibits or separate filings if they include the submitting party's signature block and are titled 'Proposed'.

Proposed Orders may be E-Filed as an exhibit to a motion or other pleadings or as a separate filing provided that (1) the Proposed Order includes the signature block of the submitting party or attorney in compliance with U.S.C.R. 36.4 and (2) the title of the filing is clearly marked "Proposed".

WARNING

Applies to

Motion

Parties must file authenticated and admissible evidence contemporaneously with a motion to enforce a settlement agreement or the response to it.

The Parties are directed to file contemporaneously with such motion or the response thereto, authenticated and admissible evidence.