Superior Court of Fulton County Filing Timing and Cure Windows

CRITICALCriminal cases

Such motion should be filed at least 10 DAYS before trial.

Such motion should be filed at least 10 DAYS before trial.

CRITICALCriminal cases

Negotiated pleas will not be accepted after the Final Plea Date absent a showing of good cause and a further court order.

Negotiated pleas will **NOT** be accepted after the Final Plea Date absent good cause shown and further order

CRITICALCriminal cases

All motions except motions in limine must be filed and particularized within 10 days of the CMC; late motions are generally not considered absent a showing of just cause.

All motions (other than motions in limine) shall be filed and particularized within 10 days of the CMC. Motions filed/particularized after that date are untimely and generally will not be considered, absent a showing of just cause for the late filing.

CRITICALCriminal cases

Motions filed after the Motions Due Date are untimely and will not be considered absent a showing of just cause for the late filing.

Motions filed after that date are untimely and will not be considered absent a showing of just cause for the late filing.

CRITICALCriminal cases

Deadline

48 hours

Bond motions will not be heard at arraignment unless filed at least 48 hours before the arraignment date.

Motions for bond will not be heard at arraignment unless filed at least 48 hours prior to the arraignment date.

CRITICALCivil cases

All documents must be filed before the hearing.

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

CRITICAL

Motions in limine must be made in writing and filed no later than one week before the trial calendar begins.

Motions in Limine shall be made in writing, filed no later than one 1) week prior to the beginning of the trial calendar.

CRITICALCriminal cases

Motions to compel discovery must be filed immediately after the discovery deadline passes and no later than the motion filing deadline.

Such a motion shall be filed immediately after the discovery deadline has passed and no later than the "motion filing" deadline.

CRITICALCriminal cases

Counsel must email pretrial submissions (proposed general voir dire questions, witness list, and motions in limine) to Litigation Manager Seneca McRae at least 5 days before the start of the trial calendar unless the Court directs otherwise.

Unless the Court directs otherwise, counsel is required to submit, by email to Litigation Manager Seneca McRae, AT LEAST five (5) days before the start of the trial calendar the following items: a. All proposed GENERAL voir dire Questions b. A list of potential witnesses c. Motions in Limine

CRITICAL

Dispositive motions must be filed within 30 days after the deadline for mandatory mediation, unless otherwise established in the Scheduling Order.

Unless otherwise established in the Scheduling Order, dispositive motions must be filed within thirty (30) days after the deadline for mandatory mediation.

CRITICALCriminal cases

Deadline

5 business days

Due to the size limits of EFileGa, the attorneys are ordered to scan individually and email to the court reporter all exhibits within five (5) business days after final disposition of the case.

Due to the size limits of EFileGa, the attorneys are ordered to scan individually and email to the court reporter all exhibits within five (5) business days after final disposition of the case.

CRITICAL

A leave of absence does not excuse an attorney from filing a document by its deadline.

A Leave of Absence filed which covers the period in which a filing is due does not absolve the attorney from submitting the filing timely.

CRITICALCriminal cases

All motions are due by the motion filing deadline communicated in the CSSO; late motions will not be considered absent a showing of just cause.

The due date for all motions is the specific motions filing deadline, communicated by the Court in the CSSO. Motions filed after the due date are untimely and will not be considered, absent a showing of just cause for the late filing.

CRITICALCriminal cases

Deadline

5 business days

Supplemental discovery must be provided as soon as practicable and no later than 5 business days after receipt of additional discoverable information, documents, or reports.

Any supplemental discovery must be supplemented as soon as practicable--- but in any event no later than five (5) business days after receipt ofany additional information, documents. reports or other matters which are subject to disclosure pursuant to applicable criminal discovery statutes.

CRITICALCriminal cases

Deadline

5 business days

Attorneys must email scanned exhibits to the court reporter within five business days after final disposition of the case.

Due to the size limits of EFileGa. the attorneys are ordered to scan individually and email to the court reporter all exhibits within five (5) business days after final disposition of the case.

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine must be filed no later than one week before the beginning of the trial calendar, unless otherwise specified by the Court.

Unless otherwise specified by the Court, counsel must file motions in limine no later than one week before the beginning of the trial calendar

CRITICALCriminal cases

Untimely motions to suppress, dismiss, or sever defendants that are disguised as motions in limine will not be considered after the filing deadline absent a showing of just cause.

However, untimely filed motions to suppress, to dismiss, or to sever defendants, etc. which are improperly titled or "fashioned" as motions in limine will not be considered after the motion filing deadline has passed, absent a showing of just cause for the late filing.

CRITICALCriminal cases

Pretrial submissions (proposed voir dire, witness list, motions in limine) must be emailed to the Litigation Manager at least five days before the start of the trial calendar.

day of Trial Calendar Unless the Court directs otherwise, counsel is required to submit, by email to Litigation Manager Angela Sims, AT LEAST five (5) days before the start of the trial calendar the following items: a. All proposed GENERAL Voir Dire Questions b. A list of potential witnesses

CRITICALCriminal cases

Parties must promptly and completely comply with O.C.G.A. § 17-16-4 discovery requirements by the discovery deadline set by the Court in the separate CSSO for each Defendant's case.

The parties shall promptly and completely comply with the requirements of O.C.G.A. § 17-16-4 by the specific discovery deadline communicated by the Court as set forth in the separate CSSO entered in cach Defendant's case.

CRITICALCriminal cases

Motions to compel must be filed after the discovery deadline and no later than the motion filing deadline.

Such a motion shall be filed immediately after the discovery deadline has passed and no later than the "motion filing" deadline.

CRITICALCriminal cases

Motions filed after the motion filing deadline are untimely and will not be considered absent just cause.

Motions filed after the due date are untimely and will not be considered, absent a showing of just cause for the late filing.

CRITICALCriminal cases

All outstanding forensic testing requested by either party must be raised by a timely extension motion filed before the discovery deadline to prevent delays to trial and other court deadlines.

Any and all outstanding forensic testing requested by either party. must be brought to the Court's attention by way of timely request for an extension filed PRIOR TO the discovery deadline in order to prevent delays in connection with the trial ofthe case and/or other court dates and'or court- imposed deadlines.

CRITICALCriminal cases

Deadline

3 business days

Proposed orders must be submitted within three business days of the pronouncement of the order or judgment.

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

CRITICALCivil cases

Deadline

5 business days

Parties needing an interpreter for a trial witness must notify Ms. Thomas at least five business days before trial, specifying the required language skills.

any party needing an interpreter for a trial witness must notify Ms. Thomas at least five business days before trial that an interpreter is needed (and the specific language skills required) such that the Court might timely arrange for proper services.

CRITICALCriminal cases

Motions concerning identification evidence, confessions, or severance that are filed as motions in limine will be denied as untimely unless good cause is shown.

Such a motion cast as a motion in limine will be denied as untimely, absent good cause shown.

CRITICALCriminal cases

Expert witness notice must be provided at least 14 days before trial and at least 7 days before any evidentiary hearing.

The notice must be provided at least 14 days before trial and 7 days before any evidentiary hearing.

CRITICALCriminal cases

All motions must be filed by the Motions deadline; late motions will not be considered absent just cause.

The due date for all motions is the Motions deadline set forth in the separate Scheduling Order 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.

CRITICALCivil cases

Exhibits must be submitted no later than three days before trial.

Additionally, no later than three (3) days before trial, all exhibits shall be scanned individually into .pdf format and emailed to any retained court reporter with cc's to the Court and all counsel.

CRITICALCriminal cases

Discovery deficiency notices may be filed after the discovery deadline but no later than the motions deadline.

Such notice or motion may be filed any time after the discovery deadline has passed and no later than the motions deadline, identified in the separate Scheduling Order entered in each Defendant's case.

CRITICALCriminal cases

Deadline

5 business days

Supplemental discovery must be provided no later than 5 business days after receiving any additional discoverable information.

Any supplemental discovery must be supplemented as soon as practicable but, in any event, no later than 5 business days after receipt of any additional information, documents, reports, or other matters which are subject to disclosure pursuant to applicable criminal discovery statutes.

CRITICALCriminal cases

Expert notice must be provided at least 10 days before trial and 5 days before any evidentiary hearing.

The notice must be provided at least 10 days before trial and 5 days before any evidentiary hearing.

CRITICALCriminal cases

Deadline

1 business days

Exhibits for a motions hearing must be exchanged and provided to Chambers at least one business day before the hearing.

If either party intends to present exhibits during a motions hearing, such exhibits must be exchanged and provided to Chambers at least one business day before a scheduled hearing.

CRITICAL

All litigants must participate in mediation no later than 120 days after service of the petition.

it is the standing order of this Court that all litigants must participate in mediation no later than 120 days after service of the petition.

CRITICALCriminal cases

Motions to suppress, sever, dismiss, and similar motions are not permitted after the filing deadline even if cast as motions in limine, absent just cause.

Motions to suppress, sever, dismiss, etc., are not properly cast as motions in limine and will not be permitted after the filing deadline -- again absent a showing of just cause.

CRITICAL

Motions to enforce settlement agreements must be filed as soon as the need becomes apparent and no later than the due date for proposed final orders.

Motions to enforce settlement agreements must be filed as soon as the need becomes apparent and in no event later than the due date for any proposed final orders.

CRITICALCriminal cases

Motion filing deadline is set by the post-arraignment scheduling order (not the O.C.G.A. § 17-7-110 ten-day deadline); untimely motions generally will not be considered absent just cause.

O.C.G.A. § 17-7-110's ten-day post-arraignment motions deadline does not apply in this Division. Instead, a deadline for filing motions will be included in the scheduling order issued after arraignment. Motions filed after the Court's deadline are untimely and generally will not be considered, absent a showing of just cause for the late filing (such as late provision of discovery).

CRITICALCriminal cases

Opposing parties may file a response within 30 days of the initial motion for non-evidentiary motions.

For motions which do not rely on the introduction of evidence through proffer or formal hearing, opposing parties may file a response within 30 days of the initial motion.

CRITICALCriminal cases

Deadline

5 business days

Supplemental discovery must be provided no later than five business days after receipt of additional disclosable 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.

CRITICALCriminal cases

If approved, movants may file a reply within 15 days of the response.

If approved, movants may file a reply within 15 days of the response.

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.

CRITICALCriminal cases

All motions are due by the Motions Due Date in the CSSO; late motions are untimely and will not be considered unless just cause is shown.

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 (unless reset due to a continued Case Management/Pretrial Conference). Motions filed after that date are untimely and will not be considered, absent a showing of just cause for the late filing.

CRITICALCriminal cases

Deadline

48 hours

A Waiver of Arraignment must be filed no later than 48 hours before the arraignment hearing unless expressly excused by the Court.

Unless expressly excused by the Court, no later than 48 hours prior to the hearing date, counsel may file a Waiver of Arraignment indicating that the defendant is entering a plea of Not Guilty and waiving formal arraignment.

CRITICALCivil cases

Written motions in limine must be filed and emailed to Staff Attorney Elizabeth Suh, with all counsel copied, no later than seven days before the trial calendar begins.

Written motions in limine must be filed and emailed to Staff Attorney Elizabeth Suh, with all counsel copied, no later than seven days before the beginning of the trial calendar.

CRITICALCriminal cases

All motions are due by the Motions Due Date in the CSSO; 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 CSSO entered in each defendant's case (unless reset due to a continued Case Management/Pretrial Conference). Motions filed after that date are untimely and will not be considered, absent a showing of just cause for the late filing.

CRITICALCriminal cases

Pleas may be entered at any time before the Final Plea Date, which is the last opportunity to present a non-negotiated plea; the right of withdrawal must be exercised on the record in open Court and expires when the Court adjourns for that day.

Negotiated or non-negotiated pleas may be entered at any time prior to the Final Plea Date. The parties are directed to contact the Litigation Manager to schedule a date for entry of a plea prior to the Final Plea Hearing. The Final Plea Date is the last opportunity to present a non-negotiated plea which can then be withdrawn at the option of the defendant at the time of sentence pronouncement. This right of withdrawal must be exercised on the record in open Court and expires when the Court adjourns for that day.

CRITICALCriminal cases

Motion filing deadlines apply to specified motions and notices, exempt motions in limine involving discrete evidentiary issues, and bar untimely motions improperly cast as motions in limine after the Motions Due Date absent just cause.

The motion filing requirements and deadlines apply to all motions and notices, including but not limited to: immunity motions under O.C.G.A. § 26-3-24, demurrers, pleas in bar or abatement, State's notice of O.C.G.A. §§ 24-4-404(b), 24-4-413, and 24-4-414 evidence, State's notice of intention to use child hearsay, defendant's notice of intent to raise issues of incompetency, insanity, or mental illness, defendant's notice of intent to raise alibi defense, and defendant's notice of intent to introduce evidence of specific acts of violence by victim against third parties. These deadlines do not apply to motions in limine involving discrete evidentiary issues, the significance of which is not readily apparent until focused trial preparation. However, untimely motions improperly cast as motions in limine which are not true in limine motions, such as motions to suppress, to dismiss, or to sever defendants, will not be permitted after the Motions Due Date deadline absent a showing of just cause.

CRITICALCivil cases

Dispositive motions must be filed within 30 days after the close of discovery unless the Scheduling Order provides otherwise.

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

CRITICALCivil cases

Movants may file a reply within 15 days of the response.

Movants are permitted to file a reply within 15 days of the response.

CRITICALCriminal cases

Deadline

3 business days

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

Proposed orders shall be submitted by email to the Litigation Manger and opposing counsel simultaneously and within three business days of the pronouncement of that order or judgment, unless directed otherwise by the Court.

CRITICALCivil cases

Plaintiffs must disclose expert names and opinions three months before discovery closes; defendants two months before.

Unless otherwise established in the written Scheduling Order, Petitioner(s)/Plaintiff(s) shall disclose the names and opinions of all experts three months before discovery closes. Respondent(s)/Defendant(s) shall disclose the names and opinions of all experts two months before discovery closes.