Superior Court of Fulton County Filing Timing and Cure Windows

CRITICALCivil cases

E-filings may be submitted 24/7 through eFileGA; filings made before midnight on a court business day are deemed filed that day even if accepted the next business day.

Parties may E-File E-Documents through eFileGA twenty four hours a day, seven days per week, except when eFileGA is offline for maintenance. E-Documents E-filed before midnight on a day when the Court was open for business shall be considered to have been filed on that day, even if the E-Filed E-Document is not accepted by the Clerk of Court until the following business day.

CRITICALCriminal cases

Pre-trial submissions are due by 4 p.m. two business days before trial, with an exception for short notice.

Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to efile, serve on opposing counsel by email, and submit by email to Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov), by 4 p.m. two business days before the first day of trial, the following (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court or as otherwise directed by the Court):

CRITICALCivil cases

E-Documents filed before midnight are deemed filed that day; filings after midnight are deemed filed the next business day.

an E-Document E-Filed on a Friday at 11:58 p.m. will be considered to have been filed that Friday. In contrast, an E-Document E-Filed five minutes later, on Saturday at 12:03 a.m., will be considered to have been filed the following Monday.

CRITICALCivil cases

E-Documents are deemed filed as of the initial E-Filing date and time, not the date of clerk acceptance.

Upon acceptance, the submitted E-Document shall be entered into the docket of the case. An E-Document shall be deemed to have been filed as of the date and time it was initially E-Filed as defined above in Paragraph 6(A) and ot the date and time it was accepted by the Clerk of Court.

CRITICAL

If a GAL Report is requested, the GAL must submit it to the Parties and Court no later than one week before trial.

If a Report is requested, the GAL shall submit the same to the Parties and the Court no later than one week prior to trial.

CRITICALCriminal cases

Deadline

1 business days

The five pre-trial items must be e-filed, served by email, and emailed to the Staff Attorney by 3 p.m. one business day before the first day of trial (or by the time ordered to appear if notice is shorter).

Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to efile, serve on opposing counsel by email, AND submit by email to Staff Attorney Elizabeth Marum at Elizabeth. Marum@fultoncountyga. gov, by 3 p.m. one business day before the first day of trial the following FIVE ITEMS (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court)

CRITICALCriminal cases

All motions must be filed by the Motions Due Date in the CMSO; late motions will not be considered absent just cause.

The due date for all motions is the specific Motions Due Date deadline as set forth in the separate CMSO entered in each Defendant's case. Motions filed after that date are untimely and will NOT be considered, absent a showing of just cause for the late filing.

CRITICAL

Motions to enforce settlement agreements must be filed as soon as the need arises and no later than the Court's deadline for proposed final orders, and will be decided without a hearing absent further court order.

For any motion to enforce settlement agreements, the Parties are directed to file such motion as soon as the need becomes apparent and in no event later than the due date set by the Court for any proposed final orders. The Court will decide any such motion without a hearing absent further order of Court.

CRITICALCriminal cases

Pre-trial submissions must be filed with the Clerk of Court by 4 p.m. one business day before the first day of trial, or by the time parties are ordered to appear if notice is shorter.

Pre-Trial Submissions due 4 pm. one business day before trial. Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to file with the Clerk of Court, serve on opposing counsel by email and submit by email to Litigation Manager April M. Woods at April.Woods@fultoncountvga.gov, by 4 p.m. one business day before the first day of trial, the following FIVE ITEMS (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court):

CRITICAL

Responses to discovery motions must be filed within 1 week of the motion.

Responses to the discovery motion shall be filed within 1 week of the filing of the discovery motion

CRITICALCriminal cases

Parties must file and serve trial documents by 4 p.m. the business day before trial.

Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to file with the Clerk of Court, serve on opposing counsel and submit by email to Litigation Manager Gorman, by 4 p.m. the business day before the first day of trial: voir dire questions, motions in limine and proposed jury charges.

CRITICALCriminal cases

Motions to compel discovery may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date in the CSSO.

Such motion may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date which is identified in the separate CSSO entered in each defendant's case.

CRITICALCivil cases

Petitioner(s) must submit fingerprints timely so that the background check is completed before the hearing.

If a background check is required, petitioner(s) shall submit fingerprints in a timely manner so the background check is completed prior to the hearing date.

CRITICALCriminal cases

Bond motions filed before the indictment or accusation is docketed must be refiled or will be deemed withdrawn.

Any bond motion filed prior to docketing of the indictment or accusation must be refiled or will be deemed withdrawn.

CRITICALCriminal cases

Deadline

1 business days

Pre-trial submissions must be filed with the Clerk and emailed by 4 p.m. one business day before trial, or else by the time the parties are ordered to appear if trial is set on shorter notice.

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 by 4 p.m. one (1) business day before the first day of trial, the following FIVE ITEMS (if the case is called to trial with less than one (1) business day notice, these submissions are due by the time the parties are ordered to appear in Court)

CRITICALCivil cases

The fully consolidated pre-trial order must be submitted by email directly to the Judge's chambers no later than the deadlines in the parties' operative scheduling order.

No later than the deadlines set in the parties' operative scheduling order, the parties shall submit, by email, a fully consolidated pre-trial order directly to the Judge's chambers.

CRITICALCriminal cases

Pre-trial submissions must be filed no later than 4 p.m. on the business day before the first day of trial.

the parties shall file with the Clerk of Court, serve on opposing counsel by email and submit by email to Litigation Manager Caretha German at Caretha.German@fultoncountyga.gov, no later than 4 p.m. the business day before the first day of trial, the following:

CRITICALCriminal cases

Deadline

1 business days

Parties must file and serve the listed pre-trial submissions no later than 4:00 p.m. one business day before trial.

No later than 4:00 p.m. one business day before trial, the parties are required to file and serve opposing counsel and Chambers with the following items:

CRITICALCivil cases

Conflict letters must be submitted one week before the trial calendar begins.

Conflict letters must be submitted one week before the trial calendar begins

CRITICALCriminal cases

Deadline

2 business days

Pre-trial submissions must be filed, served, and emailed by 4 p.m. two business days before trial, or by the time parties are ordered to appear if notice is less than one business day.

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 by 4 p.m. two business days before the first day of trial the following (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court or as otherwise directed by the Court)

CRITICALCriminal cases

Deadline

2 business days

Pre-trial submissions are due by 4 p.m. two business days before the first day of trial.

the parties are required to file with the Clerk of Court, serve on opposing counsel by email, and submit by email to Litigation Manager Cheryl Vortice (cheryl.vortice@fultoncountyga.gov), by 4 p.m. two business days before the first day of trial

CRITICALCriminal cases

Bond motions filed before the charging document is docketed must be refiled or they will be deemed withdrawn.

Any bond motions filed prior to the docketing of the charging document (indictment/accusation) must be refiled or will be deemed withdrawn.

CRITICALCriminal cases

The State has ten days from service of a Notice of Discovery Deficiency to cure the deficiency or show good cause, otherwise the Court will exclude the affected evidence.

The State was served with a Notice of Discovery Deficiency on . Ten days have since passed and the State has not cured the deficiency or otherwise demonstrated that, for good cause, it has been unable to do so. Consequently, pursuant to O.C.G.A. § 17-16-6, the Court excludes the following items:

CRITICALCivil cases

Applies to

Conflict letter

Conflict letters must be submitted three weeks before the trial calendar begins.

All conflict letters must be submitted three (3) weeks before the trial calendar begins

CRITICALCriminal cases

Motions to compel may be filed after the Discovery Date deadline but no later than the Motions Due Date.

Such motion may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date which is identified in the separate CSSO entered in each Defendant's case.

CRITICALCriminal cases

Motions are due by the Motions Due Date in the CSSO; late motions will not be considered absent just cause.

General. The due date for all motions is the specific Motions Due Date deadline as set forth in the separate CSSO entered in each Defendant's case. Motions filed after that date are untimely and will NOT be considered, absent a showing ofjust cause for the late filing.

CRITICALCriminal cases

All motions must be filed within 10 days of the Case Management hearing, with limited exceptions.

All motions must be filed, with limited exception to motions that a superior court must hear as a matter of law, within ten (10) days of the Case Management hearing for all cases.

CRITICALCriminal cases

Pre-trial submissions must be filed with the Clerk, served by email on opposing counsel, and emailed to the Litigation Manager by 4 p.m. one week before the first day of trial.

Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), 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:

CRITICALCivil cases

Applies to

Proposed verdict form

Attorneys must submit a consolidated proposed verdict form to Senior Staff Attorney Erik Smith no later than one week before the trial calendar begins.

The attorneys shall submit a consolidated proposed verdict form to the senior staff attorney, Erik Smith, at erik.smith@fultoncountyga.gov no later than one (1) week prior to the beginning of the trial calendar.

CRITICALCivil cases

Proposed jury charges must be submitted prior to jury selection or by the Court's deadline.

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

CRITICALCivil cases

Proposed verdict forms must be submitted prior to jury selection or by the specific deadline set by the Court.

The parties must submit proposed verdict forms to Mr. Kerns, again via email in Microsoft Word format, prior to jury selection, or by the specific deadline set by the Court.

CRITICALCivil cases

Motions in limine must be filed at least one week before trial calendar or by court deadline.

Motions in limine must be filed no later than one week before the beginning of the trial calendar, or by the specific deadline set by the Court.

WARNINGCivil cases

Filers challenging a rejection or seeking to relate the filing date back to the first attempt must petition the Court.

Court. Ifan E-Document is rejected by the Clerk of Court, and a filer wishes to challenge the rejection and/or relate the date of filing back to the date of the first filing attempt, the filer must petition the Court for such relief.

WARNINGCivil cases

For technical failures not caused by the filer, the Court may order nunc pro tunc filing to the first transmission attempt date.

36.16(F), if E-Filing or E-Service of an E-Document does not occur because of: (1) inaccessibility ofeFileGA not caused by the filer; (2) an error in the transmission of the E-Document to eFileGA which was unknown to the sending party; (3) a failure to timely process the E-Document when received by eFileGA; or (4) other technical problems experienced by the filer, the Court may upon satisfactory proof enter an order permitting the E-Document to be filed nunc pro tunc to the date it was first attempted to be transmitted electronically.

WARNINGCivil cases

Non-conforming E-Documents are rejected with a notice identifying the basis; rejected documents are not filed.

If an E- Document submitted for filing does not conform to the rules of the Court, a rejection notice shall be e-mailed to the filing party and the E-Document shall not be filed. The rejection notice shall identify the basis of the

WARNINGCriminal cases

Motions to compel may be filed after the Discovery Date deadline and no later than the Motions Due Date.

Such motion may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date which is identified in the separate CSSO entered in each defendant's case.

WARNINGCivil cases

Do not file pre-trial orders with the clerk unless signed by the Court.

(Please do not present pre-trial orders to the clerk for filing unless they have been signed by the Court).

WARNINGCriminal cases

Outstanding forensic testing must be brought to the Court's attention through 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, other court dates, and deadlines.

WARNINGCriminal cases

A motion to compel discovery may be filed any time after the discovery deadline and no later than the motions due date in the CMSO.

Such motion may be filed any time after the discovery date deadline has passed and no later than the date motions are due which is identified in the separate CMSO entered in each Defendant's case.

WARNINGCivil cases

All parties other than the Plaintiff/Petitioner must provide their portions of the consolidated pre-trial order to the Plaintiff/Petitioner no later than two days before the due date.

All other parties shall provide their portions of the consolidated pre-trial order to the Plaintiff/Petitioner no later than two days prior to the due date.

WARNINGCivil cases

Conflict letters must be submitted one week before the trial calendar begins.

Conflict letters must be submitted one week before the trial calendar begins and shall comply fully with Rule 17.1 of the Uniform Superior Court Rules.

WARNING

Notices of discovery dispute filed more than 60 days after the materials were requested may be denied as stale.

Time is of the essence! Notices of discovery dispute that are filed more than 60 days after the sought-after materials were requested may be denied as stale.

WARNINGCriminal cases

A notice of discovery deficiency may be filed by either party at any time after the discovery deadline has passed.

To that end, either party may file a notice of discovery deficiency. Such notice may be filed at any time after the discovery deadline has passed.

WARNINGCriminal cases

Motions to compel discovery may be filed after the Discovery Date deadline and no later than the Motions Due Date.

Such motion may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date which is identified in the separate CSSO entered in each defendant's case.

WARNINGCriminal cases

Motions to compel may be filed any time after the Discovery Date deadline and no later than the Motions Due Date in the CSSO.

Such motion may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date which is identified in the separate CSSO entered in each defendant's case.

WARNINGCriminal cases

Applies to

Motion

Bond motions filed before the charging document is docketed must be refiled or they will be deemed withdrawn.

Any bond motions filed prior to the docketing of the charging document (indictment/accusation) must be refiled or will be deemed withdrawn.

WARNINGCriminal cases

Motion filing requirements and deadlines apply to all motions, including immunity motions, demurrers, pleas, and specified notices.

The motion filing requirements and deadlines apply to all motions, including O.C.G.A. § 26-3-24 immunity motions as well as demurrers, pleas in bar or abatement and apply to the following notices: (a) State's notice of O.C.G.A. §§ 24-4-404(b), 24-4-413 and 24-4-414 evidence; (b) State's notice of intention to use child hearsay; (c)

INFOCivil cases

eFileGA emails a filing-submitted receipt confirming submission, but the receipt does not prove the document was filed.

Upon completion of E-Filing, eFileGA shall e-mail a "filing submitted" receipt that includes the date and time of submission to the Court. The confirmation receipt shall not serve as proof the E-Document was filed, only that the E-Document was submitted for filing.

INFOCivil cases

Applies to

Special voir dire questions

Attorneys may submit special voir dire questions one week before the trial calendar begins.

Attorneys may submit special voir dire questions for the Court's consideration one (1) week prior to the beginning of the trial calendar.

CRITICAL

Parties must notify the GAL of a desire for a Report no later than 45 days before the hearing or final trial date.

If GAL has been appointed, and the parties wish for the GAL to prepare a a written GAL Report and Recommendation ("Report"), they must notify the GAL of the same no later than 45 days prior to the affected hearing date or Final Trial