Superior Court of Fulton County Service and Proof of Service Rules

CRITICALCivil cases

Service

Publication

After a service-by-publication order is granted, the plaintiff must publish notice in the official county organ within 15 days of the order.

and must publish Notice in the official county organ within 15 day of entry of the Order for Service by Publication

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

Applies to

Rebuttal expert notice

Rebuttal experts must be identified by written notice within seven days of opposing counsel's expert notification, absent leave of court.

Rebuttal experts must be identified by written notice within seven (7) days following notice of opposing counsel9s expert notification, absent leave of court.

CRITICALCriminal cases

Service

Email to 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.

The filing party may serve the opposing party via e-mail, but copies must also be filed with the Clerk of Court and sent to Fantashia Francis, Litigation Manager, at fantashia.francis@fultoncountyga.gov.

CRITICALCriminal cases

Applies to

Expert notice

Written expert notice, including a summary of testimony and qualifications, must be provided to the opposing party ten days before the Motions due date.

Experts. Any party seeking to rely on expert testimony at trial must provide written notice to the opposing party. This notice must include a meaningful summary of the expert9s expected testimony as well as her qualifications to serve as an expert witness. The notice must be provided ten (10) days before the Motions due date, absent a specific deadline set by the

CRITICALCriminal cases

Applies to

Expert notice

Written expert notice must be provided to the opposing party at least ten days before an evidentiary hearing at which expert testimony will be relied upon.

If expert testimony will be relied upon in an evidentiary hearing, the party seeking to rely on said testimony must provide written notice to the opposing party at least ten (10) days prior to the hearing.

CRITICALCivil cases

Applies to

Pleading

Service

Electronic service

Electronic service of pleadings (other than the initial complaint and summons) is legally sufficient.

This means that electronic service of pleadings, other than the initial complaint and summons, is now legally sufficient.

CRITICALCriminal cases

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

The notice must be provided at least fourteen days before trial and seven days before any evidentiary hearing.

WARNING

Applies to

Motion

Even when delivering courtesy copies, parties must still separately and timely serve and file the motion or other related filing with the Clerk's office.

The Parties must still separately and timely serve and file the motion, response, or other related filing with the Clerk's office as required to record same.

WARNING

Service

Publication

If an Order for Service by Publication is granted, Petitioner must publish Notice in the Fulton County Daily Report within 30 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 30 days of entry of the Order for Page 4 of

WARNING

Applies to

Conflict letter

All conflict letters must be copied to opposing parties.

All conflict letters must be copied to opposing parties.

WARNING

Each party must serve the mandatory discovery materials on the opposing party as specified in FCSCFD Rule 4000-6.3.2.

serve same upon the opposing party as specified in that Rule.

WARNINGCivil cases

The Court typically will not enforce private agreements to conduct discovery beyond the discovery period and ordinarily will not compel responses to discovery requests served too late for timely responses.

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.

WARNING

Petitioner must serve this order on the opposing party if no answer has been filed when the order is entered.

Petitioner must serve this order on the opposing party if no answer has been filed at the time this order is entered.

WARNINGCriminal cases

Applies to

Reciprocal discovery notice

A defendant opting into reciprocal discovery must provide written notice to the prosecuting attorney at or prior to arraignment.

Any defendant opting into reciprocal discovery shall provide written notice to the prosecuting attorney at or prior to arraignment.

WARNING

Deadline

24 hours

Applies to

Affidavit in lieu of testimony

Affidavits in lieu of testimony must be served on the opposing party at least 24 hours before a hearing.

Pursuant to U.S.C.R. 24.5, any affidavit in lieu of testimony is to be served on the opposing party at least 24 hours prior to a hearing.

WARNINGCivil cases

Applies to

Pleadings

Service

Electronic service

Electronic service is legally sufficient for pleadings, except the initial complaint and summons.

Electronic service of pleadings, other than the initial complaint and summons, is legally sufficient.

WARNING

Applies to

Discovery response

Parties must exchange mandatory discovery responses at or before the 30-Day Status Conference.

As stated above in Section 7.1, Parties are required to exchange mandatory discovery responses at or before the 30-Day Status Conference.

WARNINGCivil cases

Service

Electronic service

Registered users must update their contact information with eFileGA within 10 days of any change; failing to update email may result in missed E-Service.

Registered users are required to update their contact information with eFileGA, including changes in employer, firm name, delivery address, fax number, telephone number, and/or e-mail address within ten days of such change. Failure to update one's e-mail address in a timely manner may result in the failure to receive E-Service of Documents.

WARNINGCivil cases

Service

Electronic service

E-service is deemed effected when the document is received by eFileGA and accepted by the Clerk; that date is used to measure response periods, subject to applicable law.

E-Service shall be deemed effected at the time an E-Document has been received by eFileGA and accepted by the Clerk of Court following review. This service date is reflected in the date stamp of the electronic notification parties receives from eFileGA. It is from this date that the parties should measure the period during which they may have a right or duty to respond or otherwise act. Any period of notice or any right or duty to do any act or make any response within any period prescribed by statute or rule of court remains governed by applicable law.

WARNING

Applies to

Financial affidavit

Parties must exchange updated financial affidavits and child support worksheets five days before any Temporary Hearing.

Pursuant to U.S.C.R. 24.2, Parties are to exchange updated financial affidavits and/or child support worksheets five (5) days prior to any Temporary Hearing.

WARNINGCivil cases

Service

Electronic service

All parties must provide a service contact e-mail address to receive E-Service.

Contact. All parties must include a service contact e-mail address to receive E-Service. It is the responsibility of every attorney and Self-Represented Litigant to ensure he/she is listed as a service contact for every case in which he/she appears, subject to the exception in Section 4(F)(ii) or any other exception from

WARNING

Service

Electronic service

Discovery deficiency notice may be served electronically, but must also be filed with the Clerk and courtesy copies sent to the Litigation Manager.

filing party may serve the opposing party electronically, however, the notice must also be filed with the Clerk of Court and courtesy copies sent electronically to the Court’s Litigation Manager, Ms. Noel Gullatt at noel.gullatt@fultoncountyga.zov.

WARNINGCriminal cases

Deadline

2 hours

Service

Email

After Trial Calendar Call, cases are subject to two-hour notice to appear for trial, with notice provided by email to counsel of record.

After Trial Calendar Call, all cases are subject to two-hour notice to appear in Court ready for trial, absent express order of this Court. Notice will be provided by email to counsel of record.

WARNINGCriminal cases

Deadline

3 business days

Applies to

Order

Service

Email to court

Counsel must mail or email prepared orders/judgments to the Court (cathy.robinson@fultoncountyga.gov) and opposing counsel simultaneously within three business days of the Court's entry of the order or judgment, unless directed otherwise.

Counsel shall promptly prepare orders or judgments to be presented to the Court and mail or email (cathy.robinson@fultoncountyga.gov) the same to the Court and opposing counsel simultaneously and within three business days of the entry of that order of judgment by the Court unless directed otherwise by the Court.

WARNING

Deadline

24 hours

Applies to

Affidavit

Affidavits in lieu of testimony must be served on the opposing party at least 24 hours before a hearing.

Pursuant to U.S.C.R. 24.5, any affidavit in lieu of testimony is to be served on the opposing party at least 24 hours prior to a hearing.

WARNING

Deadline

5 calendar days

Parties must exchange updated financial affidavits and/or child support worksheets five days before any Temporary Hearing.

Pursuant to U.S.C.R. 24.2, Parties are to exchange updated financial affidavits and/or child support worksheets five (5) days prior to any Temporary Hearing.

WARNINGCriminal cases

Service

Email to opposing party

Pre-trial submissions must be served on opposing counsel by email.

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

WARNING

Service

Electronic service

All parties must add a service contact to the case to ensure consistent service of orders and notices.

All parties shall create an account with eFileGA and add a service contact to this case to ensure consistent service of orders and other notices from the Court.

WARNINGCivil 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 thereto are due on or before the last day of the discovery period.

WARNINGCivil cases

Plaintiff must promptly obtain service on defendants and file proof of service with the Court.

Petitioner/Plaintiff must promptly obtain service on Respondent(s)/Defendant(s) and file proof of same with the Court.

WARNINGCriminal cases

Service

Email to opposing party

The filing party may serve the opposing party via e-mail for a discovery motion.

The filing party may serve the opposing party via e-mail

WARNINGCriminal cases

Applies to

Pre trial submissions

Parties must serve opposing counsel with voir dire, motions in limine, and proposed jury charges 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.

WARNING

Service

Electronic service

All parties must add a service contact to ensure consistent service.

add a service contact to this case to ensure consistent service of orders and other notices from the Court.

WARNINGCriminal cases

Applies to

Expert witness notice

Parties relying on expert testimony must give written notice to the opposing party at least 14 days before the Final Plea/Trial Calendar and 7 days before any evidentiary hearing, including a meaningful summary of the expert's testimony and qualifications.

Any party seeking to rely on expert testimony at trial (or any evidentiary hearing) must provide written notice to the opposing party. This notice must include a meaningful summary of the expert's testimony as well as her qualifications to serve as an expert witness. The notice must be provided at least fourteen (14) days before the Final Plea/Trial Calendar and seven (7) days before any evidentiary hearing requiring expert testimony.

WARNINGCivil cases

Service

Email

Exhibits must be emailed to the retained court reporter, with copies to the Court and all counsel.

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.

WARNINGCriminal cases

Applies to

Exhibits

Oversized and non-paper exhibits may be submitted as a digital photograph of the item marked with an exhibit sticker; DVDs, CDs, and other media must be provided to the Court Reporter as an original and a copy in a hard case.

For oversized and non-paper exhibits, a digital photograph of the item marked with an exhibit sticker may be submitted. For DVDs, CDs, and other media, parties must provide the Court Reporter with the original and a copy contained in a hard case.

WARNINGCriminal cases

Applies to

Motion

Service

Electronic service to opposing party

Service copies of motions must be served on opposing counsel via e-filing, email, or U.S. Mail, preferring e-filing or email over mail.

Service copies must be served upon Opposing counsel via the Court’s e-filing system, email, or U.S. Mail. If feasible, the Court’s e- .filing system or email shall be used instead of U.S.

WARNING

Parties must exchange mandatory discovery at or before the 30-Day Status Conference.

As explained in Section 7.1, parties must exchange mandatory discovery at or before the 30-Day Status Conference.

WARNING

Parties must exchange updated financial affidavits and/or child support worksheets five days prior to any temporary hearing.

Pursuant to USCR 24.2, parties are to exchange updated financial affidavits and/or child support worksheets five days prior to any temporary hearing.

WARNING

Deadline

24 hours

Affidavits in lieu of testimony must be served on the opposing party at least 24 hours prior to a hearing, with copies provided to the Court at the same time.

Pursuant to USCR 24.5, any affidavit in lieu of testimony is to be served on the opposing party at least 24 hours prior to a hearing. Copies of any such documents should also be provided to the Court at the same time they are provided to the opposing party.

WARNINGCriminal cases

A Leave of Absence must be filed and served upon chambers pursuant to U.S.C.R. 16.1 or 16.2, or it stands denied under U.S.C.R. 16.4.

Note that any Leave of Absence not filed or served pursuant to U.S.C.R. 16.1 or 16.2, or filed prior to entry of appearance of counsel in the case at issue and not served upon chambers, stands denied under U.S.C.R. 16.4.

WARNINGCriminal cases

A defendant opting into reciprocal discovery must provide written notice to the prosecuting attorney at or prior to arraignment.

Any defendant opting into reciprocal discovery shall provide written notice to the prosecuting attorney at or prior to arraignment. O.C.G.A. 17-16-2(a).

WARNINGCriminal cases

The State must provide notice to victims or other interested parties as required by law.

The State shall provide notice to victims or other interested parties as required by law.

WARNINGCriminal cases

Defendants opting into reciprocal discovery must provide written notice to the prosecuting attorney at or before arraignment.

Any defendant opting into reciprocal discovery shall provide written notice to the prosecuting attorney at or prior to arraignment.

WARNINGCivil cases

Service

Electronic service to all parties

The Court notifies parties and counsel of trial by e-filing at least twenty days before the trial call; pro se parties are notified by regular mail.

The Court will notify the parties and counsel of trial by e-filing at least twenty days before the call of the first case listed. Pro se parties will be notified by regular mail.

WARNINGCriminal cases

Applies to

Motion

Service

Email to opposing party

Motions must be filed with the Clerk of Court; copies may be served on opposing counsel via e-mail.

All motions must be filed with the Clerk of Court. Copies may be served on opposing counsel via e-mail.

WARNINGCivil 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 thereto are due on or before the last day of the discovery period.

WARNINGCivil cases

Applies to

Exhibits

All exhibits and demonstrative evidence must be marked with exhibit labels and exchanged among the parties before trial begins.

All exhibits and demonstrative evidence shall be marked with exhibit labels and exchanged among the parties prior to the beginning of the trial of the case.

WARNINGCivil cases

The Court notifies parties of trial by publication in the South Fulton Neighbor at least 21 days before the first case is called.

The Court will notify the parties or their counsel of trial by publication in the South Fulton Neighbor at least twenty-one (21) days before the call of the first case listed.