Superior Court of Fulton County Filing Timing and Cure Windows

CRITICALCivil cases

The Consolidated Pre-Trial Order must be filed 7 days before the Pre-Trial Conference.

Consolidated Pre-Trial Order 7 days before the Pre-Trial Conference

CRITICALCriminal cases

Deadline

30 business days

Production requests for incarcerated defendants or witnesses must be submitted in writing and received at least 30 business days before the scheduled court appearance.

Parties must submit their request in writing to Litigation Manager Stephanie Cooper, and the production request must be received no later than 30 business days before the scheduled court appearance.

CRITICALCivil cases

Dispositive motions must be filed within 30 days after the close of discovery unless the written Scheduling Order establishes a different deadline.

Unless otherwise established in the written Scheduling Order, dispositive motions must be filed within 30 days after the close of discovery.

CRITICAL

The GAL must submit a requested Report to the parties and court no later than one week before trial.

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

CRITICAL

The 120-Day Status Conference is the last day to request a jury trial; failing to do so before the Final Trial's special setting waives the right.

Therefore, the 120-Day Status Conference is the last day on which you may request a jury trial on any issues so triable. If you do not request a jury trial prior to the special setting of your Final Trial, your right to a jury trial will be waived.

CRITICAL

Notices of Discovery Dispute and Motions to Compel must be filed no later than 60 days from the due date of the response or event at issue.

must be filed no later than sixty (60) days from the due date of the response or event (e.g. deposition) that is the subject of the notice or motion.

CRITICALCivil cases

Plaintiff expert disclosures are due 90 days before the close of discovery.

Plaintiff Expert Disclosures 90 days before the close of discovery

CRITICAL

Deadline

60 calendar days

Parties must file an Affidavit of Publication from the Fulton County Daily Report with the clerk's office within 60 days of entry of the Order or the case will be dismissed.

Service by Publication and must file with the clerk's office an Affidavit of Publication from the Fulton County Daily Report within 60 days of entry of the Order or the case shall stand DISMISSED.

CRITICAL

Daubert motions must be filed no later than 45 days in advance of trial.

For any Daubert motion, such motion must be filed no later than forty-five (45) days in advance of trial.

CRITICAL

Parties must participate in mediation no later than 120 days after service of the Petition.

The Court orders the Parties to participate in mediation by no later than 120 days after service of the Petition.

CRITICALCriminal cases

All motions must be filed by the Motions Due Date; untimely motions will not be considered absent a showing of just cause.

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 of just cause for the late filing. Copeland v. State, 272 Ga. 816, 817 (2000); USCR31.1.

CRITICALCivil cases

Rebuttal expert disclosures are due 45 days before the close of discovery.

Rebuttal Expert Disclosures 45 days before the close of discovery

CRITICALCivil cases

Motions in limine must be filed no later than two days before the beginning of the trial calendar.

Motions in limine must be filed and emailed to the Staff Attorney, with all counsel copied, no later than two days before the beginning of the trial calendar.

CRITICALCivil cases

Defendant expert disclosures are due 60 days before the close of discovery.

Defendant Expert Disclosures 60 days before the close of discovery

CRITICALCriminal cases

Parties must promptly and completely comply with O.C.G.A. § 17-16-4 discovery obligations by the Discovery Date deadline set in the Case Specific Scheduling Order.

The parties shall promptly and completely comply with the requirements of O.C.G.A. § 17-16-4 by the specific Discovery Date deadline as set forth in the separate CSSO entered in each defendant's case.

CRITICALCivil cases

Exhibits and exhibit lists must be submitted to the Staff Attorney no later than two days before trial.

All exhibits and exhibit lists shall be scanned individually into PDF format and emailed to the Staff Attorney, with all counsel copied, no later than two days before trial.

CRITICAL

Motions to enforce settlement agreements must be filed as soon as the need becomes apparent and no later than the deadline for proposed final orders; the Court decides them without a hearing absent further 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

Deadline

5 business days

Supplemental discovery must be provided as soon as practicable and no later than five business days after receipt of additional discoverable information.

Any supplemental discovery must be supplemented as soon as practicable, but in any event no later than five business days after receipt of any additional information, documents, reports, or other matters which are subject to disclosure pursuant to applicable criminal discovery statutes.

CRITICALCivil cases

Plaintiff/Petitioner consolidates the pre-trial order, and all other parties must provide their portions to Plaintiff/Petitioner no later than two days before the due date.

Plaintiff/Petitioner shall be responsible for consolidating the pre-trial order. 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.

CRITICAL

Conflicts must be substantiated with a conflict letter filed with the Clerk and received by the Court at least 7 days before the date of conflict; non-compliant letters are denied.

CONFLICT LETTERS Any conflicts must be substantiated with a timely conflict letter in full compliance with U.S.C.R. 17.1 which letter is filed with the Clerk's office and received by the Court at least seven days prior to the date of conflict pursuant to

CRITICALCriminal cases

Deadline

48 hours

Bond motions will not be heard at arraignment unless filed no later than 48 hours before the arraignment date.

Motions for bond will not be heard at arraignment unless filed no later than 48 hours prior to the arraignment date.

CRITICAL

Requests for GAL appointment must be filed no later than 60 days after service of the Petition absent good cause.

Requests for appointment of a Guardian ad Litem ("GAL") must be made sufficiently early in the proceeding such that the best interests of the children are protected and delay is avoided and in no case later than 60 days after service of the Petition absent good cause shown.

CRITICALCivil cases

The deposition dispute list and relevant deposition text must be provided to the Staff Attorney no later than two days before the beginning of the trial calendar.

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.

CRITICALCivil cases

Discovery closes 6 months from the date of the answer.

End of Discovery 6 months from the date of the answer

CRITICAL

Requests for Temporary Hearings must be made at or before the next scheduled status conference.

Requests for Temporary Hearings must be made at or before the next scheduled status conference.

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 and shall comply fully with Rule 17.1 of the Uniform Superior Court Rules.

CRITICAL

Joint-compliance certificates are considered only if e-filed no less than 3 days before the related hearing and emailed to the Litigation Manager; those filed within the 3-day period are considered only at the Court's discretion.

J oint-compliance certificates will be considered by the Court if they are e-filed no less than three (3) days before the related hearing and emailed to Litigation Manager Stephanie Cooper at stephanie.cooper@fultoncountyga.gov. Joint- compliance certificates filed inside the three (3) day period will be considered only in the discretion of the

CRITICALCivil cases

The fully consolidated pre-trial order is due no later than the dates set in the parties' operative scheduling order.

No later than the dates set in the parties’ operative scheduling order, the parties shall submit, by email, a fully consolidated pre-trial order directly to the Judge Benton’s Staff Attorney.

CRITICAL

Dispositive motions must be filed by the timeframe in the scheduling order.

All dispositive motions shall be filed no later than the timeframe identified in the scheduling order established by the Court.

CRITICALCivil cases

Deadline

2 business days

Other parties must provide their portions of the consolidated pre-trial order to plaintiff(s) at least two business days before the due date.

All other parties shall provide their portions of the consolidated pre-trial order to the plaintiff(s) no later than two business days prior to the due date.

CRITICALCivil cases

provided that such pleading is filed with the motion for summary judgment or filed not later than five (5) days after the time for response.

provided that such pleading is filed with the motion for summary judgment or filed not later than five (5) days after the time for response.

CRITICALCivil cases

All documents must be filed prior to the hearing.

Further, all documents shall be filed prior to the hearing.

CRITICAL

Motions filed after the deadline are untimely and will not be considered unless good cause is shown.

Motions filed after the deadline are untimely and will not be considered absent good cause shown for the late filing.

CRITICAL

Motions to suppress and dismiss will not be considered after the filing deadline unless good cause is shown.

Absent good cause shown, motions to suppress and motions to dismiss will not be considered after the filing deadline as these motions are not motions in limine.

CRITICALCivil cases

If the defendant defaults, the plaintiff should file a motion within 90 days of default.

If the Defendant fails to file a timely Answer, the Plaintiff should either file, in compliance with the Civil Practice Act and Uniform Superior Court Rules, a relevant motion pursuing the asserted claims within ninety (90) days of default.

CRITICALCivil cases

Proposed consolidated pre-trial order must be emailed to the staff attorney by the scheduling order deadline.

A proposed, fully consolidated pre-trial order shall be submitted to the Judge's chambers via email to the staff attorney, Ms. Kier Prince no later than the deadline established by the Court in the scheduling order.

CRITICALCivil cases

Dispositive motions must be filed by the deadline in the scheduling order.

All dispositive motions shall be filed no later than the timeframe identified in the scheduling order established by the Court.

CRITICAL

Compellable discovery ends six months from when the Response to the Petition is filed or due; requests must be served early enough, and parties may not stipulate to extensions absent court order.

The period within which the Parties can compel discovery shall end six months from the date a Response to the Petition was filed or is due whichever occurs first. All discovery requests must be served early enough so that the responses thereto are due on or before the last day of the discovery period. The Parties may not stipulate to an extension of the compellable discovery period described above absent further order of the Court.

CRITICAL

Notices of Discovery Dispute and Motions to Compel must be filed no later than 60 days from the due date of the relevant response or event, and no later than the close of the compellable discovery period.

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) and must be filed no later than sixty (60) days from the due date of the response or event (e.g. deposition) that is the subject of the notice or motion, and in no event later than the close of the compellable discovery period absent Court Order.

CRITICAL

Requests for appointment of a Guardian ad Litem must be made no later than 60 days after service of the Petition absent good cause.

Requests for appointment of a Guardian ad Litem (<GAL=) must be made sufficiently early in the proceeding such that the best interests of the children are protected and delay is avoided and in no case later than 60 days after service of the Petition absent good cause shown.

CRITICAL

Parties must deliver physical copies of trial exhibits to the Court 24 hours before trial unless the Court directs otherwise.

Parties are to deliver physical copies of trial exhibits to the Court twenty-four (24) hours prior to trial unless directed otherwise by the Court.

CRITICAL

Daubert motions must be filed no later than 45 days in advance of trial.

For any Daubert motion, such motion must be filed no later than forty-five (45) days in advance of trial.

CRITICAL

Parties requesting a written GAL Report must notify the GAL no later than 45 days before the affected hearing or Final Trial date.

Ifa GAL has been appointed, and the parties wish for the GAL to prepare 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 Date. If

CRITICALCriminal cases

Discovery motions may be filed any time after the Discovery Date deadline passes and no later than the Motions Due Date identified 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.

CRITICAL

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

Responses to the discovery motion shall be filed within 1 week of the filing of the discovery motion and shall be limited to no more than 10 pages, double spaced.

CRITICAL

Deadline

3 business days

Parties shall email proposed jury charges in Word version to the Staff Attorney at least three business days before the beginning of the trial calendar.

Parties shall email proposed jury charges in Word version to the Staff Attorney at least three business days before the beginning of the trial calendar.

CRITICAL

If a defendant files a pre-Answer motion under O.C.G.A. § 9-11-12(b), the Answer deadline is postponed until 15 days after the Court rules on the motion.

Pursuant to changes implemented by the the 2025 Tort Reform Act, if a defendant files a pre-Answer motion pursuant to O.C.G.A. § 9-11-12(b), the deadline to file an Answer is postponed until 15 days after the Court rules on that motion.

CRITICAL

Attorneys must email proposed verdict forms in Word format to the Staff Attorney at least one week before trial.

The attorneys shall submit any proposed verdict forms to the Staff Attorney by email in Word format no later than one week prior to the beginning of the trial calendar.

CRITICAL

Discovery dispute motions must be filed within 20 days of the triggering response or event, and no later than the close of discovery absent Court Order.

Any motion seeking resolution of a discovery dispute shall be filed within 20 days from the date of the response or event (e.g., deposition) that is the subject of the motion, and in no event later than the close of discovery absent Court Order.

CRITICAL

All motions, including dispositive motions, must be filed within 30 days after the close of fact discovery, unless otherwise provided by law or Court order.

Except as otherwise provided in the Civil Practice Act or ordered by the Court, all motions, including dispositive motions such as motions for summary judgment and Daubert motions, must be filed within 30 days after the close of fact discovery.