Superior Court of Fulton County Filing Timing and Cure Windows

WARNINGCriminal cases

Deadline

5 business days

Parties must scan and email all exhibits individually to the Court Reporter within 5 business days after final disposition due to eFileGA size limits.

Due to size limits of eFileGA, parties shall scan individually and email to the Court Reporter all exhibits within 5 business days after final disposition.

WARNINGCriminal cases

The one standing exception to the motion filing deadline is for motions in limine seeking rulings on minor, discrete evidentiary issues.

The one standing exception to this deadline is for motions in limine seeking the Court's ruling in advance of trial on minor, discrete evidentiary issues (e.g., the (in)admissibility of a particular record or fact).

WARNING

The Court will consider joint-compliance certificates if they are e-filed at least three days before the hearing and e-mailed to Deedra Nelson at Deedra.nelson@fultoncountyga.gov. Joint-compliance certificates filed after that deadline will be considered on a discretionary basis.

The Court will consider joint-compliance certificates if they are e-filed at least three days before the hearing and e-mailed to Deedra Nelson at Deedra.nelson@fultoncountyga.gov. Joint-compliance certificates filed after that deadline will be considered on a discretionary basis.

WARNINGCriminal cases

The court-supplied motions deadline also applies to demurrers, immunity motions, other pleas in bar, insanity/mental-illness notices, and notices to admit evidence.

This court-supplied motions deadline applies as well to (1) demurrers, (2) "immunity" motions pursuant to O.C.G.A. §§ 16-3-22.1 and 16-3-24.2, (3) other pleas in bar, (4) Defendant's notice of intent to raise issues of insanity or mental illness, AND (5) notices to admit evidence pursuant to 0.C.G.A. §§ 24-4-404(b), 413, 414, and 418.

WARNINGCriminal cases

The served party has ten days to cure an alleged discovery deficiency or explain the delay, after which the filing party may send a proposed order excluding the missing discovery.

If the served party does not cure the alleged deficiency within ten days (or otherwise adequately explain the delay), the filing party may, after the expiry of the ten days, send the Court a proposed order excluding the missing discovery.

WARNINGCriminal cases

Deadline

48 hours

Applies to

Motion

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.

WARNINGCivil cases

Non-plaintiff parties must provide their pre-trial order portions 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.

WARNINGCriminal cases

Deadline

48 hours

Applies to

Waiver of arraignment

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.

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.

WARNINGCriminal 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.

WARNINGCriminal cases

Applies to

Motion

The courtesy copy requirement ensures a hearing on a bond motion within 10 days under O.C.G.A. § 17-6-1(d).

Parties filing bond motions are required to deliver a courtesy copy to opposing counsel and to the Litigation Manager to ensure a hearing within 10 days. O.C.G.A. § 17-6-1(d).

WARNINGCriminal cases

Filing deadlines apply to enumerated motions; true motions in limine on discrete evidentiary issues are exempt, but motions improperly cast as in limine are barred after the deadline 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.

WARNINGCivil cases

The Court generally will not enforce private agreements for discovery beyond the discovery period, compel responses to untimely-served requests, or mandate post-close preservation depositions over objection.

The Court typically will not enforce private agreements between the parties to conduct discovery beyond the end of the discovery period, nor will the Court ordinarily compel responses to discovery requests that were not served in time for responses to be made before the discovery period runs. Similarly, the Court typically will not mandate depositions for the preservation of testimony after the close of discovery if an objection is raised by the opposing party.

WARNINGCriminal cases

True motions in limine are exempt from the Motions Due Date deadline, but untimely motions improperly cast as motions in limine (e.g., to suppress, dismiss, or sever) will not be permitted after the deadline absent just cause.

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.

WARNINGCriminal cases

Untimely motions improperly cast as motions in limine will not be permitted after the Motions Due Date deadline absent a showing of just cause.

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. Untimely motions improperly cast as motions in limine however, that are not true in limine motions, will not be permitted after the Motions Due Date deadline absent a showing ofjust cause.

WARNINGCriminal cases

Attorneys unfamiliar with Courtroom 7F evidence technology must submit a written equipment-training request no later than seven days before trial.

In the event any party intends to utilize exhibits during any hearing, trial, or other proceeding and the counsel is unfamiliar with the evidence presentation technology in Courtroom 7F, then that attorney is required to submit a written request for equipment training. This request should be submitted in writing to Judicial Assistant Fremika Middlebrooks, no later than seven days before the trial date.

WARNINGCriminal cases

Deadline

30 business days

Court production order requests must be received no later than 30 business days before the scheduled appearance.

Parties must submit their request in writing to Litigation Manager Matthew Cormier at Matthew.cormier@fultoncountyga.gov and the production request must be received no later than 30 business days before the scheduled court appearance.

WARNINGCivil cases

If over 100 exhibits are anticipated and in dispute, the parties must notify the court one week in advance of trial.

event that over 100 exhibits are anticipated ===== PAGE 16 ===== and in dispute, the parties must notify the court one (1) week in advance of trial so that the Court can decide whether to schedule a pre-trial hearing.

WARNINGCriminal cases

Responsive pleadings must be filed within 10 days of receiving the motions.

All responsive pleadings shall be filed within 10 days of the receipt of the Motions.

WARNINGCivil cases

Failure to respond to a motion within the allotted time indicates no opposition to the motion.

Failure to respond to any motion within the time afforded by the Uniform Superior Court Rules (unless extended) will indicate that there is no opposition to the motion.

WARNINGCriminal cases

Translator requests must be submitted via email to Matthew Cormier no later than seven days before the hearing.

The request for a translator must be submitted in writing via email to the Litigation Manager Matthew Cormier at matthew.cormier@fultoncountyga.gov no later than seven days before the hearing date.

WARNINGCriminal cases

Discovery demands, requests, and motions must be filed and served within 10 days of the scheduling order.

All demands, requests and motions pertaining to discovery, including whether Defendant elects to participate in the reciprocal discovery set forth at 0.C.G.A. 17-16-1 et seq. shall be filed and served within 10 days of the date of this order.

WARNINGCriminal cases

Deadline

5 business days

A timely email notification (5 business days) to Ms. Middlebrooks, copying Mr. Cormier, suffices for the equipment-training request.

A timely (5 business days) email notification to Ms. Middlebrooks at Fremika.middlebrooks@fultoncountyga.gov, with a courtesy copy to Matthew Cormier at Matthew.cormier@fultoncountyga.gov is sufficient.

INFOCivil cases

The Court will e-file trial notice at least twenty days before the call of the first case listed.

The Court will notify the parties and their counsel and/or pro se litigates of trial by e-filing at least twenty days before the call of the first case listed.

INFO

The Court may consider late motions to prevent manifest injustice.

Further, the Court may choose to consider motions filed outside of any deadlines set in this Order to prevent manifest injustice.

INFO

The Court may consider late-filed motions when necessary to prevent manifest injustice.

Further, the Court may choose to consider motions filed outside of any deadlines set in this Order to prevent manifest injustice.

INFO

Filing a 12(b) motion to dismiss before the Answer deadline postpones the Answer deadline to 15 days after the Court rules on the motion.

If a defendant files an O.C.G.A. § 9-11-12(b) motion to dismiss before the deadline to file an Answer has passed, the deadline to file an Answer is postponed until 15 days after the Court rules on that motion.

INFOCriminal cases

A Notice of Discovery Deficiency may be filed at any time after the discovery deadline.

Such Notice may be filed at any time after the discovery deadline has passed.

INFOCriminal cases

Each new case is set for a Plea and Arraignment hearing generally no later than one month after the indictment or accusation is filed.

Each new case assigned to this division will be set for a Plea and Arraignment hearing, which will generally occur no later than one month following the filing of the indictment or accusation.

INFOCriminal cases

The Court publishes a Motions Hearing Calendar before the Final Plea/Trial Calendar Call; cases with no timely filed hearing-requiring motions are omitted.

The Court will publish a calendar for the Motions Hearing Date identified in the separate CSSO entered in each defendant's case, which will be held prior to the time set for the Final Plea/Trial Calendar Call. If no motions which require a hearing are timely filed, the case will not appear on the Motions Hearing Calendar.

CRITICALCriminal cases

Motion filing requirements and deadlines apply to all motions, including immunity motions, demurrers, pleas in bar or abatement, and specified State and Defendant pretrial 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) Defendant's notice of intent to raise issues of incompetency, insanity, or mental illness; (d) Defendant's notice of intent to raise alibi defense; and (e) Defendant's notice of intent to introduce evidence of specific acts of violence by victim against third parties.

CRITICALCivil cases

The proposed order for importing equipment must be provided 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

Proposed voir dire questions

Proposed voir dire questions must be submitted at least two business days before the trial calendar, or by a Court-set deadline.

Counsel shall submit to the Court all proposed voir dire questions at least two business days before the beginning of the trial calendar, or by the specific deadline set by the Court.

CRITICALCivil cases

Applies to

Motion in limine

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

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

WARNINGCriminal cases

Motion deadlines apply to all motions and notices, except certain motions in limine; improperly cast motions will not be permitted after the deadline without 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 ofO.C.G.A. §§ 244-404(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 ofjust cause.

WARNINGCriminal cases

Motion filing deadlines apply to all motions and specified notices, exempt true motions in limine, and untimely motions cast as motions in limine are not permitted after the Motions Due Date absent just cause.

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) Defendant’s notice of intent to raise issues of incompetency, insanity or mental illness; (d) Defendant’s notice of intent to raise alibi defense; (e) any motions/notices related to the Rape Shield statute; and (f) Defendants 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.

WARNINGCriminal cases

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

The motion filing requirements and deadlines apply to all motions, including O.C.G.A. § 16-3-24.2 immunity motions, 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) and 24-4-414 evidence; (b) State's notice of intention to use child hearsay; (c) Defendant's notice of intent to raise issues

WARNING

Requests for GAL appointment 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 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.

WARNING

Parties desiring a written GAL report must notify the GAL no later than 45 days prior to the hearing or trial date.

If a GAL has been appointed and the parties desire a written GAL report and recommendation ("Report"), they must notify the GAL of this request no later than 45 days prior to the relevant hearing date or trial date.

WARNING

If a GAL report is requested, the GAL must submit it to the parties and the Court no later than one week prior to the hearing or trial.

If a Report is requested, the GAL shall submit the Report to the parties and the Court no later than one week prior to the relevant hearing or trial.