Superior Court of Fulton County Service and Proof of Service Rules
114 rules from official source documents
Rules 1 to 50, page 1 of 3
E-service, mail, personal service, proof of service, certificate, and timing requirements.
CRITICALCriminal cases
Expert notice must be provided seven days before any evidentiary hearing requiring expert testimony.
and seven days before any evidentiary hearing requiring expert testimony.
CRITICALCivil cases
- Applies to
- Motion for service by publication
- Service
- Publication to opposing party
To seek service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 90 days of filing the case or the case stands dismissed.
In order to seek an order for service by publication, the Petitioner must file proof of attempted service on Respondent at Respondent9s last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 90 days of filing the case or the case shall stand DISMISSED.
CRITICALCriminal cases
- Service
- Email to opposing party
Parties must serve pre-trial submissions on opposing counsel by email.
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):
CRITICALCriminal cases
Expert notice must be provided at least 14 days before the Final Plea/Trial Calendar Call.
The notice must be provided at least 14 days before the Final Plea/Trial Calendar Call
CRITICALCivil cases
- Applies to
- Initial petition
Petitioner must file proof of service of the initial Petition within 90 days of filing the case or the case stands dismissed, absent proof of diligence and leave of court.
Petitioner must file proof of service of the initial Petition and related filings within 90 days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court.
CRITICALCivil cases
- Applies to
- Affidavit of publication
- Service
- Publication to clerk
Petitioner must file an Affidavit of Publication from the Fulton County Daily Report with the clerk's office within 45 days of entry of the Order for Service by Publication or the case stands dismissed.
must file with the clerk9s office an Affidavit of Publication from the Fulton County Daily Report within 45 days of entry of the Order or the case shall stand DISMISSED.
CRITICAL
- Applies to
- Initial petition
Petitioner must file proof of service of the initial Petition and related filings within 90 days of filing, or the case is dismissed, absent proof of diligence or leave of Court.
Petitioner must file proof of service of the initial Petition and related filings within ninety (90) days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court.
CRITICALCivil cases
- Service
- Electronic service
E-service via eFileGA is valid and effective service with the same legal effect as paper service.
E-Service of an E-Document via eFileGA shall be considered valid and effective service and shall have the same legal effect as an original paper Document sent via traditional means, e.g., U.S. mail and hand delivery.
CRITICALCivil cases
- Applies to
- Subsequent filing
- Service
- Electronic service
Documents filed after the Original Complaint or Petition must be served electronically through eFileGA.
Except as otherwise set forth in this Order, for any Document filed subsequently to an Original Complaint or Petition, a party shall make service upon other parties electronically through eFileGA. Parties shall receive all Documents E-Filed and E-Served upon them via eFileGA.
CRITICAL
- Deadline
- 2 business days
- Applies to
- Exhibits
- Service
- Email to court
For hearings before Judicial Officer Miller, all Exhibits for Temporary and Motions hearings must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.
For hearings before Judicial Officer Miller, all Exhibits for Temporary and Motions hearings must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.
CRITICAL
- Deadline
- 48 hours
- Applies to
- Exhibits
Parties are ordered to exchange exhibits 48 hours before trial and a contempt hearing unless the Court directs otherwise.
Parties are ORDERED to exchange exhibits forty-eight (48) hours prior to trial and a contempt hearing unless directed otherwise by the Court.
CRITICALCivil cases
- Applies to
- Notice of publication
- Service
- Publication to opposing party
After an Order for Service by Publication is granted, Petitioner must publish Notice in the Fulton County Daily Report within 15 days of entry of the Order.
If an Order for Service by Publication is granted by the Court, Petitioner must publish Notice in the Fulton County Daily Report within 15 days of entry of the Order for Service by Publication
CRITICAL
- Deadline
- 48 hours
- Applies to
- Exhibits
Parties are ordered to exchange exhibits at least 48 hours before a hearing.
The parties are ORDERED to exchange exhibits at least 48 hours prior to a hearing.
CRITICALCivil cases
- Applies to
- Voir dire questions
- Service
- Email to opposing party
Proposed voir dire questions must be emailed to all opposing parties at least two days before the beginning of the trial calendar.
Parties must submit to the Staff Attorney a courtesy copy, emailed to all opposing parties, with all proposed voir dire questions at least two days before the beginning of the trial calendar.
CRITICALCivil cases
- Applies to
- Complaint
- Service
- Personal service
Original Complaints and Petitions must be served via traditional means (personal service or other statutory means).
All parties initiating a civil action must still make service upon any opposing parties of Original Complaints and Petitions via traditional means, i.e., personal service or other means allowable under applicable statutes.
CRITICAL
- Service
- Publication
To seek service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 45 days of filing, or the case is dismissed.
In order to seek an order for service by publication, the Petitioner must file proof of attempted service on Respondent at Respondent's last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 45 days of filing the case or the case shall stand DISMISSED.
CRITICAL
- Deadline
- 2 business days
- Applies to
- Exhibits
- Service
- Email to court
For all Final Hearings before Judicial Officer Greg Miller, all Exhibits must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.
For all Final Hearings before Judicial Officer Greg Miller, all Exhibits must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.
CRITICALCivil cases
- Service
Self-represented litigants without an email address must be served by U.S. mail or personal service, provided they certify in their initial filing that they lack an email and cannot register.
il. Ifa Self-Represented Litigant does not have an e-mail address and therefore cannot register for an eFileGA account, the other parties to the litigation must serve the Self-Represented Litigant via U.S. mail or personal service. To qualify for such non-electronic service, the Self-Represented Litigant must make a certification in his/her initial filing that he/she does not have an e-mail address and therefore cannot register for an eFileGA account.
CRITICALCivil cases
- Service
- Electronic service
Registered users receive e-service of all e-documents except subpoenas and summonses.
Registered users shall receive E-Service of E-Documents, other than service of subpoenas or summonses.
CRITICALCivil cases
- Applies to
- Discovery requests
Discovery requests must be served early enough that responses are due on or before the last day of the discovery period.
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.
CRITICALCivil cases
Service must be perfected within 30 days or the case will be dismissed without prejudice.
Failure to perfect service within thirty (30) days will result in a dismissal without prejudice.
CRITICAL
Bond motions must be served upon the State.
Motions for Bond must be filed with the Clerk, served upon the State and a courtesy copy sent via email to the Court’s Litigation Manager.
CRITICAL
Each party must submit and serve mandatory discovery documents by the 30-Day Status Conference; willful failure may result in dismissal.
Pursuant to Fulton County Superior Court Family Division (<FCSCFD=) Rule 4000-6.3.2, 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 and serve same upon the opposing party as specified in that Rule. The Court warns that willfully and intentionally failing to timely produce discovery may result in dismissal of the case or the entry of final disposition.
CRITICAL
- Service
- Publication
To obtain service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 45 days of filing, then publish notice within 30 days and file an Affidavit of Publication within 60 days, or the case is dismissed.
To seek an order for service by publication, the Petitioner must file proof of attempted service on Respondent at Respondent9s last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 45 days of filing the case or the case shall stand DISMISSED. If an Order for Service by Publication is granted by the Court, Petitioner must publish Notice in the Fulton County Daily Report within 30 days of entry of the Order for Service by Publication and must file with the clerk9s 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
Petitioner must file proof of service of the initial Petition within 90 days of filing, or the case is dismissed absent proof of diligence and leave of Court; the order must also be served on the opposing party if no answer has been filed.
Petitioner must file proof of service of the initial Petition and related filings within ninety (go) days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court. Petitioner must serve this order on the opposing party if no answer has been filed at the time this order is entered.
CRITICALCriminal cases
- Service
- Email to opposing party
Pre-trial submissions must be served on opposing counsel by email.
serve on opposing counsel by email
CRITICALCriminal cases
Bond motions must be served on the State.
Motions for Bond must be filed with the Clerk of Court, served on the State and emailed to Litigation Manager Tammy Gorman.
CRITICALCriminal cases
Defendant must give the prosecutor written notice of O.C.G.A. § 17-16-1 election within 10 days after arraignment.
The defendant, no later than 10 DAYS after arraignment, shall provide written notice to the prosecuting attorney of defendant's election to have O.C.G.A. § 17-16-1 apply to the defendant's case.
CRITICALCriminal cases
Expert testimony notice must be provided to the opposing party at least ten days before trial.
Any party seeking to rely on **Expert** testimony at trial (or any evidentiary hearing) must provide written notice to the opposing party at least ten days before trial
CRITICALCriminal cases
Expert testimony notice must be provided to the opposing party at least five days before any evidentiary hearing.
and five days before any evidentiary hearing.
CRITICALCriminal cases
- Deadline
- 1 business days
- Service
- Email to opposing party
Parties must serve pretrial submissions on opposing counsel by email one business day before trial.
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
CRITICALCriminal cases
- Deadline
- 5 business days
Supplemental discovery must be provided within five business days of receiving additional information subject to disclosure.
Any supplemental discovery must be supplemented as soon as practicable--- but in any event no later than five (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
- Service
- Email to all parties
Written communications sent to the Court must also be sent to counsel of record in the same format, unless a proper ex parte filing.
All written communications this court shall be sent. in the same format sent to the Court, to counsel of record. unless the matter is a proper ex parte filing.
CRITICALCriminal cases
- Applies to
- Expert notice
Expert notice must be provided at least 7 days before any evidentiary hearing.
and 7 days before any evidentiary hearing.
CRITICAL
- Applies to
- Discovery request
Discovery requests must be served so that responses are due on or before the last day of the discovery period.
All discovery requests must be served early enough such that the responses thereto are due on or before the last day of the discovery period.
CRITICALCriminal cases
- Applies to
- Expert notice
Expert notice must be provided at least 14 days before trial.
The notice must be provided at least 14 days before trial
CRITICALCriminal cases
- Applies to
- Plea offer
State must provide written plea offer with sentence and reductions at least 10 days before Final Plea.
Not later than ten (10) days before the Final Plea calendar, the State shall provide to Defendant, in writing, the State's Offer to plead guilty, including the offered sentence and any reduction in charges.
CRITICALCriminal cases
- Service
Parties must serve opposing counsel with pre-trial submissions by email.
serve on opposing counsel by email
CRITICALCriminal cases
- Applies to
- Exhibit list
Parties must deliver two hard copies of the exhibit list to the Court and one copy to each opposing party before jury selection.
Any party that intends to introduce exhibits during trial shall provide two hard copies of an exhibit list to the Court and one copy to each opposing party prior to jury selection.
CRITICALCriminal cases
- Deadline
- 10 calendar days
Expert notice must be provided to the opposing party at least ten days before trial and five days before any evidentiary hearing; failure to provide substantive notice may result in exclusion of the expert.
Any party seeking to rely on expert testimony at trial (or any evidentiary hearing) must provide written notice to the opposing party at least ten calendar days before the trial or hearing. The notice must be provided at least ten days before trial and five days before any evidentiary hearing. Failure to provide this substantive notice may result in exclusion of the expert.
CRITICAL
- Deadline
- 30 calendar days
- Service
- Publication
If service by publication is authorized, Petitioner must publish notice in the County's legal organ within 30 days of entry of the Order for Service by Publication.
If a service by publication is authorized, Petitioner must publish notice in the County's legal organ within thirty days of entry of the Order for Service by Publication and must file with the Clerk's office an affidavit of publication from the legal organ within sixty days of entry of the Order or the case shall stand DISMISSED.
CRITICAL
- Applies to
- Motion for service by publication
- Service
- Publication
To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search within 60 days of filing.
To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search (which includes proof of attempted service at Respondent's last known address) within sixty days of filing the case.
CRITICAL
- Applies to
- Proof of service
- Service
- Electronic service
Petitioner must e-file proof of service of the initial petition within 90 days of filing or the case is dismissed absent proof of diligence and leave of Court.
Petitioner must e-file proof of service of the initial petition and related filings within ninety days of filing the case or the case shall stand DISMISSED absent proof of diligence in attempting service and leave of - Court.
CRITICALCivil cases
Proof of service of the initial petition must be filed within 60 days of case filing, or dismissal may result unless diligence is shown and court leave granted.
Petitioner/Plaintiff must file proof of service of the initial Petition and related filings within 60 days of filing the case or the case shall stand dismissed, absent proof of diligence in attempting service and leave of Court.
CRITICALCriminal cases
Expert notice must be provided at least 14 days before the Final Plea/Trial Calendar Call and 7 days before any evidentiary hearing requiring expert testimony.
The notice must be provided at least 14 days before the Final Plea/Trial Calendar Call and seven days before any evidentiary hearing requiring expert testimony.
CRITICALCivil cases
- Service
- Publication
To obtain an order for service by publication, the plaintiff must file proof of attempted service, a motion for service by publication, and an affidavit of diligent search within 60 days of case filing, or dismissal may result.
To seek an order for service by publication, the 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, within 60 days of filing the case or the case shall stand dismissed.
CRITICALCivil cases
- Applies to
- Notice of publication
- Service
- Publication
After a service-by-publication order is granted, the plaintiff must file a Notice of Publication directing the clerk to mail the required documents to the defendant within 15 days of the order.
If a Motion for Service by Publication is granted by the Court, Petitioner/Plaintiff must file a Notice of Publication directing the Clerk of Court to mail a copy of the summons, complaint, copy of the Order for Service by Publication, and the notice of publication to Respondent/Defendant at his/her last known address within 15 days of entry of the Order for Service by Publication
CRITICALCivil cases
- Applies to
- Affidavit of publication
- Service
- Publication
After a service-by-publication order is granted, the plaintiff must file an Affidavit of Publication from the official county organ within 45 days of the order, or the case may be dismissed.
and file with the clerk's office an Affidavit of Publication from the official county organ within 45 days of entry of the Order or the case shall stand dismissed.
CRITICALCriminal cases
- Service
- Email to opposing party
Pre-trial submissions must be served on opposing counsel by email.
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
CRITICALCivil cases
- Applies to
- Discovery request
Discovery requests must be served early enough that responses are due on or before the last day of the discovery period.
All discovery requests must be served early enough so that the responses are due on or before the last day of the discovery period.
What service or proof of service rules apply in Superior Court of Fulton County?
Judge Scott McAfee: Proof of service is required for the covered service rule. Details: timing: after filing. Proof of service of the initial petition must be filed within 60 days of case filing, or dismissal may result unless diligence is shown and court leave granted.
Judge Melynee Leftridge: Details: timing: 5 business days. Supplemental discovery must be provided within five business days of receiving additional information subject to disclosure.
Judge Belinda E. Edwards: Service must be perfected within 30 days or the case will be dismissed without prejudice.
12 more rules answer this question.
What rule applies to serving the opposing party in Superior Court of Fulton County?
Judge Alice Benton: Details: recipient: the opposing party, timing: before hearing. Expert notice must be provided seven days before any evidentiary hearing requiring expert testimony.
Judge Thomas A. Cox Jr.: Details: recipient: the opposing party. Expert notice must be provided at least 14 days before trial and 7 days before any evidentiary hearing.
Judge Scott McAfee: Details: recipient: the opposing party, timing: before hearing. Expert notice must be provided at least 14 days before the Final Plea/Trial Calendar Call and 7 days before any evidentiary hearing requiring expert testimony.
12 more rules answer this question.
What rule applies to service for plea offer in Superior Court of Fulton County?
Judge Rachel R. Krause: Details: recipient: the opposing party, timing: before hearing. State must provide written plea offer with sentence and reductions at least 10 days before Final Plea.
What rule applies to service for motion for service by publication in Superior Court of Fulton County?
Judge Alice Benton: Proof of service is required for the covered service rule. Details: method: service by publication, recipient: the opposing party, timing: after filing. To seek service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 90 days of filing the case or the case stands dismissed.
Judge Robert C. I. McBurney: Details: method: service by publication, timing: after filing. To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search within 60 days of filing.
What rule applies to service by email for the opposing party in Superior Court of Fulton County?
Judge Alice Benton: Details: method: service by email, recipient: the opposing party. Parties must serve pre-trial submissions on opposing counsel by email.
Judge Craig L. Schwall Sr., Judge Scott McAfee, and Judge Charles M. Eaton Jr.: Details: method: service by email, recipient: the opposing party. Pre-trial submissions must be served on opposing counsel by email.
Judge Shukura L. Ingram: Details: method: service by email, recipient: the opposing party. A notice of discovery deficiency may be served on the opposing party via e-mail, with copies filed with the Clerk and sent to the Litigation Manager.
4 more rules answer this question.
What rule applies to service for initial petition in Superior Court of Fulton County?
Judge Alice Benton: Proof of service is required for the covered service rule. Details: recipient: the opposing party, timing: after filing. Petitioner must file proof of service of the initial Petition within 90 days of filing the case or the case stands dismissed, absent proof of diligence and leave of court.
1 more rule answers this question.
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