Superior Court of Fulton County Document Filing Requirements

WARNING

Applies to

Discovery motion

Notices of Discovery Dispute and Motions to Compel Discovery must meet the requirements of U.S.C.R. Rule 6.4(A) and (B).

Any Notice of Discovery Dispute or Motion to Compel Discovery pursuant to FCSCFD Rules 4000-6.1.1 or 4000-6.1.2 and/or the Civil Practice Act must meet the requirements of U.S.C.R. Rule 6.4(A) and (B)

WARNING

Applies to

Discovery documents

Each party must submit a Financial Affidavit, Child Support Worksheet and Schedules, Answers to Interrogatories, and documents responding to Required Documents to be Produced by the 30-Day Status Conference.

each Party must submit by the 30-Day Status Conference his or her Financial Affidavit, Child Support Worksheet and Schedules, Answers to Interrogatories, and documents in response to Required Documents to be Produced

WARNINGCivil cases

Applies to

Jury charge request

Non-pattern charges may be requested only when no pattern charge applies to the specific issue.

Parties may request non-pattern charges only where there is no pattern charge applicable to the specific issue.

WARNING

Applies to

Expert disclosures

Expert disclosures must include names, subject matters, substance of facts and opinions, and a summary of the grounds for each opinion for any expert expected to testify.

The disclosures shall include the names, subject matters, substance of facts and opinions, and a summary of the grounds for each opinion which any expert is expected to testify at trial on issues which the disclosing party bears the burden of proof.

WARNING

Applies to

Filing

All filings must include the email addresses of counsel or pro-se parties.

To aid the Court in also observing this practice, all filings by Parties are required to include the email addresses of counsel or Pro-se Parties on the matter.

WARNINGCriminal cases

Applies to

Waiver of arraignment

A Waiver of Arraignment must be personally signed by the defendant and indicate entry of a Not Guilty plea and waiver of formal arraignment.

counsel may file a Waiver of Arraignment personally signed by the defendant indicating that the defendant is entering a plea of Not Guilty and waiving formal arraignment

WARNING

Applies to

Temporary hearing request

A Temporary Hearing request must state the specific issues to be determined, the time needed, and the dates of any other already scheduled hearings or status conferences.

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.

WARNINGCivil cases

Applies to

Proposed order

Proposed orders on summary judgment motions should include detailed findings of fact and conclusions of law for the Court to 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.

WARNING

Applies to

Reply

Replies and sur-replies will not be considered unless the Court has given prior express permission.

No replies or sur-replies will be considered absent prior express permission of Court.

WARNING

Applies to

Supporting documentation

All supporting documentation for the required pretrial documents must be available for review at trial.

All supporting documentation for the above shall be available for review at trial.

WARNINGCivil cases

Applies to

Motion in limine

A party filing a motion in limine expected to require a hearing longer than one hour must alert the Court so the prospective jurors' schedule can be managed.

If a party filing a motion in limine believes that the motion will require a hearing lasting more than an hour, the party must alert the Court so that the prospective jurors' schedule can be properly managed.

WARNINGCivil cases

Applies to

Deposition dispute list

If parties cannot agree on which deposition testimony should be excluded, the objecting party must prepare a list of disputed page and line numbers along with the relevant deposition text.

If the parties cannot agree on what portions of the deposition testimony, if any, should be excluded, the objecting party must prepare a list of page and line numbers at issues and provide the list, along with the relevant text from the deposition to the Staff Attorney no later than two days before the beginning of the trial calendar.

WARNINGCivil cases

Applies to

Notice of manual filing

When filing non-conforming materials manually, the filing party must e-file a Notice of Manual Filing for docketing.

The filing party shall E-File a "Notice of Manual Filing" which shall be docketed in the Case Management System to denote that a manual filing has been made and that the material is being held by the Clerk of Court.

WARNINGCivil cases

Applies to

Notice of filing under seal

Filers must e-file a Notice of Filing under Seal when submitting sealed documents.

Also, filers submitting Documents to be filed under seal are required to E-File a "Notice of Filing under Seal".

WARNINGCivil cases

Applies to

Proposed order

Proposed orders on summary judgment motions must include detailed findings of fact and conclusions of law.

All proposed orders on motions for summary judgement should include detailed findings of fact and conclusions of law.

WARNING

Applies to

Exhibits

Parties must provide their exhibits in digital form.

Additionally, the parties are now required to provide their exhibits in digital form as later detailed.

WARNINGCriminal cases

Applies to

Exhibit

Exhibits should be marked and digitized (scanned) before trial.

Exhibits should be marked and digitized (scanned) before trial.

WARNINGCriminal cases

Applies to

Conflict letter

A conflict letter must comply with all subsections of USCR 17.1 for the attorney to be deemed to have a conflict under USCR 17.1(A).

Unless USCR 17.1 is followed in all its subsections, then the attorney shall not be deemed to have a conflict pursuant to USCR 17.1(A).

WARNINGCriminal cases

Applies to

Motion

Must include

proposed order

Motions for an extension must include 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 needed to provide outstanding discovery, along with a proposed order for the Court's consideration.

WARNINGCriminal cases

Applies to

Motion in limine

Each motion in limine must be a separate document attached to the email and limited to discrete evidentiary or procedural matters.

All motions in Jimine. Each such motion shall be a separate document and attachment to the email to opposing counsel and to Ms. Marum. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence.

WARNINGCriminal 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 require 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 before the jury, unless prior permission is granted by the Court.

WARNINGCriminal cases

Applies to

Motion to compel

Parties may not file non-specific 'form' motions to compel; any motion to compel must itemize articulable, case-specific instances of non-compliance.

obligations. 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

WARNINGCriminal cases

Applies to

Leave of absence

A Leave of Absence must be filed pursuant to USCR 16.1 or 16.2, after entry of appearance of counsel, and be served upon chambers, or it stands denied under USCR 16.4.

Note that any Leave of Absence not filed pursuant to USCR 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 USCR 16.4.

WARNING

Applies to

Leave of absence application

Leaves of Absence must comply with U.S.C.R. 16.1, 16.2, and 16.4; non-compliance results in denial.

All Leaves of Absence must be filed in conformance with the provisions of U.S.C.R. 16.1, 16.2, and 16.4. Any Leave of Absence not in compliance with these rules, or any part thereof, are DENIED.

WARNINGCriminal cases

Applies to

Leave of absence

A Leave of Absence that is not filed and served pursuant to U.S.C.R. 16.1 or 16.2, is filed before counsel's entry of appearance, or is not served upon chambers stands 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 t0 entry 0fappearance 0f counsel in the case at issue and not served upon chambers, stands denied under U.S.C.R. 16.4. Note

WARNINGCriminal cases

Applies to

Motion to compel discovery

Parties may not file non-specific 'form' motions to compel discovery or to exclude evidence, and such 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.

WARNINGCriminal cases

Applies to

Conflict letter

An attorney is not deemed to have a conflict under U.S.C.R. 17.1 unless U.S.C.R. 17.1 is followed in all its subsections.

Note that unless U.S.C.R. 17.1 is followed in all its subsections, then the attorney shall not be deemed to have a conflict pursuant to U.S.C.R. 17.1(A).

WARNINGCriminal cases

Applies to

Proposed jury charges

For pattern jury charges, only the charge number is submitted; for non-pattern or modified charges, full text and supporting authority must be submitted.

Proposed Jury Charges. The parties’ must submit all proposed requests to charge which, for the State, includes 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 all 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.

WARNING

Applies to

Exhibits

For DVD/CD exhibits, parties must provide the court reporter with the original and one copy contained in a hard case.

Regarding DVD/CD exhibits, parties shall provide the court reporter with the original and one copy of the DVD/CD. They will need to be contained in a hard case (e.g., jewel case).

WARNINGCriminal cases

Applies to

Witness list

The witness list need only include each witness's name and title or position, and is separate from discovery requirements.

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.

WARNING

Applies to

Jury instructions

Each party must list requested pattern charges by title and pattern number using the current pattern charges published by the Council of Superior Court Judges.

Each party shall list by title and pattern number the applicable pattern charges that they request be given, using the current pattern charges published by the Council of Superior Court Judges, (the pattern charges are updated January and July of each year).

WARNING

Applies to

Exhibits

All exhibits and demonstrative evidence must be marked with exhibit labels and exchanged among the parties before trial.

All exhibits and demonstrative evidence shall be marked with exhibit labels and exchanged among the parties prior to the beginning of the trial of the case.

WARNING

Applies to

Exhibits

Parties must provide all documentary evidence to the court reporter in digital format at the time of tender, unless otherwise ordered.

Parties shall mark with exhibit labels and provide all documentary evidence to the court reporter in digital format at the time of tender, unless otherwise ordered by the court.

WARNING

Applies to

Pretrial order

Parties may not submit individual portions of the pre-trial order without written certification of good-faith efforts to consolidate.

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.

WARNING

Applies to

Motion in limine

If parties cannot agree on deposition testimony exclusions, they must jointly prepare a list of page/line numbers and provide it with their motions in limine.

If the parties intend to rely on deposition testimony, they shall confer prior to trial and attempt to agree on the testimony to be presented. If they cannot agree on what portions of the deposition testimony should be excluded, they are instructed to 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.

WARNING

Applies to

Jury instructions

Parties requesting non-pattern charges must provide the citation to applicable authority and a physical copy of the published case.

In requesting non-pattern charges, parties shall provide the cite to applicable statutory or case authority and shall provide a physical copy of the published case.

WARNING

Applies to

Discovery response

Discovery objections must be stated with specificity; general or boilerplate objections may be disregarded unless accompanied by a specific explanation.

Objections to discovery requests must be stated with specificity. General or boilerplate objections are disfavored and may be disregarded by the Court unless accompanied by a specific explanation.

WARNING

Applies to

Exhibits

DVD/CD exhibits must be provided to the court reporter as the original plus one copy, contained in a hard case.

Regarding DVD/CD exhibits, parties shall provide the court reporter with the original and one copy of the DVD/CD. They will need to be contained in a hard case (e.g., jewel case).

WARNING

Applies to

Motion in limine

Parties relying on deposition testimony must confer and, if they cannot agree, jointly prepare a list of disputed page and line numbers to provide with their motions in limine.

at Trial If the parties intend to rely on deposition testimony, they shall confer prior to trial and attempt to agree on the testimony to be presented. If they cannot agree on what portions of the deposition testimony should be excluded, they are instructed to jointly prepare alist of 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

WARNING

Applies to

Jury charges

Requests for non-pattern jury charges must include a citation to applicable statutory or case authority and a physical copy of the published case.

In requesting non-pattern charges, parties shall provide the cite to applicable statutory or case authority and shall provide a physical copy of the published case.

WARNING

Applies to

Court submission

Parties must include their email address on all Court submissions.

Please include your email address on all Court submissions.

WARNING

Applies to

Jury charges

Each party must list requested pattern jury charges by title and pattern number using the current published pattern charges.

Each party shall list by title and pattern number the applicable pattern charges that they request be given, using the current pattern charges published by the Council of Superior Court Judges.

WARNING

Applies to

Exhibits

Parties must mark exhibits with labels and provide all documentary evidence to the court reporter in digital format at tender, unless the court orders otherwise.

Parties shall mark with exhibit labels and provide all documentary evidence to the court reporter in digital format at the time of tender, unless otherwise ordered by the court.

WARNING

Applies to

Exhibits

All exhibits and demonstrative evidence must be marked with exhibit labels and exchanged among the parties before trial begins.

All exhibits and demonstrative evidence shall be marked with exhibit labels and exchanged among the parties prior to the beginning of the trial of the case.

WARNINGCivil cases

Applies to

Proposed order

Proposed orders on summary judgment motions should include detailed findings of fact and conclusions of law.

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

WARNINGCivil cases

Applies to

Motion for service by publication

To seek service by publication, plaintiff must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search.

To seek an order for service by publication, Petitioner/Plaintiff must file proof of attempted service on Respondent/Defendant at Respondent's/Defendant's last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search.

WARNINGCivil cases

Applies to

Proposed revised scheduling order

Must include

proposed order

A party requesting a CSSO modification must submit a proposed revised scheduling order with all extensions and deadlines plus a statement of prior extension requests.

In the event a modification to the CSSO is requested, the moving party shall submit a proposed revised scheduling order setting forth all requested extensions and deadlines, together with a statement identifying whether the Court has previously granted any requests for extensions.

WARNINGCriminal cases

Applies to

Discovery motion

Discovery deficiency motions must itemize the case-specific instances of noncompliance, and motions compelling generalized disclosure are prohibited.

Should a party need to file a discovery deficiency motion, 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. The Parties are directed not to file motions compelling the generalized disclosure of otherwise discoverable materials.

WARNING

Applies to

Technology request form

Parties using Court technology to display evidence must contact Court Technology Services and fill out a request form at least one week before trial.

Parties seeking to utilize Court technology to display recordings or other evidence must prepare for trial by contacting Court Technology Services (www. fultoncourt.org/court-technology) to fill out a request form at least one (1) week before

WARNING

Applies to

Exhibits

Exhibits and demonstrative evidence must be marked with labels and exchanged among the parties, with an exhibit list, before trial begins.

All exhibits and demonstrative evidence shall be marked with exhibit labels and exchanged among the parties, along with an exhibit list, prior to the beginning of the trial.