Judge Thomas A. Cox Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Motion
- Email • Upon Filing
Adjournments
- Extension requests for the Discovery Date deadline must be filed by written motion before the deadline and include a detailed explanation and proposed order.
- Outstanding forensic testing must be raised through a timely extension request filed before the Discovery Deadline.
- The Final Plea Date will not be reset absent good cause shown and an express order of the Court.
- +7 more
Request must include
- A party must file a written request for a continuance or status conference at least 60 days before the Final Plea and Trial Date, identifying the grounds, unless good cause is shown.
Communication
Chambers
Chambers
Phone
Chambers
Phone
Page & Word Limits5 rules
Victim impact statements must be written, relevant, and no longer than three pages.
All victim impact statements must be in writing and on point. They are to be no longer than three pages in length and may be read by the victim, victim's family or representative or the prosecutor.
Victim Impact Statement
3 pages
Responses to discovery motions are limited to 10 pages, double spaced.
Responses to the discovery motion shall be filed within one (1) week of the filing of the discovery motion and shall be limited to no more than ten (10) pages, double spaced.
Response
10 pages
Approved replies and sur-replies are limited to 5 pages, double spaced.
If prior Court approval is obtained, replies and/or sur-replies shall also be limited to no more than five (5) pages, double spaced.
Reply
5 pages
Discovery motions are limited to 10 pages, double spaced.
The discovery motion shall be limited to no more than ten (10) pages, double spaced.
Discovery Motion
10 pages
Briefs and responsive briefs are limited to 25 pages, excluding exhibits, unless the Court grants written permission to exceed.
Except upon written permission of the Court, briefs and responsive briefs shall be limited to limited to twenty-five (25) pages in length, excluding exhibits.
Brief
25 pages
Responsive Brief
25 pages
Document Format Requirements3 rules
All motions, proposed orders, and submissions must be in Microsoft Word format with Times New Roman 14 cpi font.
All motions, proposed orders, and other submissions to the Court shall be in Microsoft WORD format and Times New Roman 14 cpi font size.
DOCX
For DVDs/CDs, after exchanging a copy with the opposing side, provide the court reporter with the original and one copy; they must be contained in a hard case.
Regarding DVDs/CDs, provide the court reporter with the original and one copy, after exchanging a copy of the same with the opposing side. DVD's/CD's must be contained in a hard case.
Oversized or non-paper exhibits may be submitted as a digital photograph of the object marked with an exhibit sticker.
For oversized or non-paper exhibits (i.e., guns, poster boards) you may submit a digital photograph of the object marked with an exhibit sticker.
Document Filing Requirements30 rules
Form motions to compel are prohibited; motions to compel must itemize case-specific instances of non-compliance.
The parties are ordered not to file "form" motions seeking an order compelling the generalized disclosure of discoverable materials or the general exclusion of evidence. Any such non-specific "form" motions will not be considered by the Court. Should a party need to file a motion to compel discovery, the party shall itemize the articulable and case-specific instances in which the party believes the opposing party has failed to comply with discovery obligations.
Document Type
Discovery Motion
Parties relying on expert testimony must provide written notice including a summary of the testimony and the expert's qualifications.
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 3 ===== PAGE 4 ===== testimony as well as her qualifications to serve as an expert
Document Type
Expert Witness Notice
Motions must be particularized, identifying the specific item, statement, or evidence at issue with a theory of suppression and legal citations; generalized and omnibus motions will be denied.
Only those motions sufficiently particularized as to provide legal notice to the opposing parties will be considered by the Court. Generalized and omnibus motions are not to be filed and if filed will be denied as vague, dilatory, and in violation of this order. Motions must specify, with particularity, the item or statement or event at issue and must be tailored to the facts of the case at hand. Thus, a general motion seeking to suppress any and all statements or any and all evidence is insufficient and will be denied. The motion must identify the specific statement or evidence that the movant is seeking to suppress, as well as provide a theory of suppression, supported by citations to applicable persuasive legal authority.
Document Type
Motion
Pre-trial submissions must include a list of potential voir dire questions, a list of all potential witnesses, and all motions in limine.
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 Matthew Cormier at Matthew.cormier@fultoncountyga.gov, by. 4 p.m. one week before the first day of trial, the following FIVE ITEMS: a. A list of potential voir dire questions. See below: Voir Dire Procedure utilized by Judge Cox. b. A list of all potential witnesses. This witness list is for the Court's use during voir dire and need not list anything more than the witnesses' name and any applicable title or position. This list is separate from all pre-trial discovery requirements concerning witnesses, including the disclosure of all requisite identifying information and the content of expert opinions, if any. c. All motions in limine.
Document Type
Pretrial Submission
Firearms or guns used at trial must have a locked external locking mechanism before entering the courtroom, and counsel must affirm in open court that the weapon has been checked to contain no ammunition.
All firearms or guns that are to be used during the trial must be fitted with an external locking mechanism that is locked before they arrive in the courtroom. Counsel shall also affirm in open court that the firearm or gun has been checked to ensure that no ammunition is in the gun or firearm.
Document Type
Firearm Evidence
DVDs/CDs must be provided to the court reporter as an original plus one copy, contained in a hard case.
Regarding DVDs/CDs and the like, provide the court reporter with the original and one copy. They must be contained in a hard case (such as a jewel case).
Document Type
Dvd Cd
Discovery dispute motions must conform to Uniform Superior Court Rules 6.4(A) and (B), including a certificate of conference filed with the motion.
Any motion seeking resolution of a discovery dispute must conform to the requirements of Uniform Superior Court Rules 6.4(A) and (B). Specifically, all parties are reminded of the requirement that both parties confer with one another prior to raising a discovery dispute with the Court. These rules also require that "at the time of filing the motion, counsel shall also file a statement certifying that such conference has occurred and that the effort to resolve by agreement the issues raised failed." Ga. Unif. Super. Ct. R. 6.4(B).
Document Type
Discovery Motion
Discovery extension requests must include current and proposed deadlines, discovery conducted, requested extension, and a schedule of outstanding discovery.
The request for a discovery extension, for which a formal motion is not required, shall include all the current deadlines and all proposed litigation deadline extensions, including the new proposed deadlines for filing dispositive motions and readiness for trial. All requests for discovery extensions shall also include a list of discovery conducted thus far, the requested deadline extension, and a schedule of outstanding discovery to be completed during the requested extension. Without this detail, requests for discovery extensions will not be considered.
Document Type
Discovery Extension Request
Every ministerial motion must be accompanied by a proposed order.
Every ministerial motion (e.g., motion to extend, exceed page limits, withdrawal) must be accompanied by a proposed order.
Document Type
Ministerial Motion
Proposed orders must be emailed to the Senior Staff Attorney in Microsoft Word format at the time of filing the corresponding motion or response and must not be filed with the clerk of court.
Proposed orders shall be emailed to the Court in Microsoft Word Format contemporaneously with the filing of either the corresponding motion or response. Parties are required to email all proposed orders to the Senior Staff Attorney, Erik Smith at erik.smith@fultoncountyga.gov. Proposed orders shall not be filed with the clerk of court. Once again, proposed orders shall not be filed with the clerk of court.
Document Type
Proposed Order
A fully consolidated pre-trial order must be emailed to the Judge's chambers by the scheduling order deadline; the plaintiff/petitioner consolidates it and all other parties must exchange their portions to the plaintiff/petitioner no later than 10 business days before the due date.
All parties shall submit, by email, a fully consolidated pre-trial order directly to the Judge's chambers by the deadline set forth in the Scheduling Order. See O.C.G.A. §9-11-16. Plaintiff/Petitioner shall be responsible for consolidating the pre-trial order. All other parties shall exchange their portions of the consolidated pre-trial order to the Plaintiff/Petitioner no later than ten (10) business days prior to the due date.
Document Type
Pretrial Order
The Consolidated Pretrial Order must state all theories of liability, legal issues, damages sought, actionable conduct, and affirmative defenses.
Upon compiling material for the submission of the Consolidated Pretrial Order, the plaintiff shall explicitly state each and every theory of liability and legal issues raised, together with the type and amount of each type of damage sought. The specific actionable conduct shall be set out, and, in a multi-defendant case, the actionable conduct of each defendant shall be identified. The defendant shall explicitly set out any affirmative defenses upon which it intends to rely at trial, as well as satisfy the above requirements with respect to any counterclaims.
Document Type
Pretrial Order
The Consolidated Pretrial Order must identify trial witnesses by name, or such witnesses may be excluded from trial; parties may not reserve the right to supplement their lists or adopt another party's list.
In identifying witnesses, it is not sufficient to include boiler plate language covering groups of potential witnesses, such as "all individuals identified during discovery." Instead, trial witnesses must be identified by name. Failure to identify a witness, including expert witnesses, by name in the consolidated pretrial order may result in the exclusion of the undisclosed witness' testimony from trial. In listing witnesses or exhibits, a party may not reserve the right to supplement his list, nor shall a party adopt another party's list by reference.
Document Type
Pretrial Order
Parties must identify in the pretrial order each exhibit and deposition, interrogatory, or request to admit response they may introduce; such items are admitted at trial unless objected to in the pretrial order.
In preparing the pre-trial order, each party shall identify to opposing counsel each deposition, interrogatory or request to admit response, or portion thereof, which the party expects to or may introduce at trial, except for impeachment. All exhibits, depositions, interrogatories, and requests to admit responses shall be admitted at trial when offered unless the opposing party indicates an objection to it in the pre-trial order.
Document Type
Pretrial Order
Conflict letters must follow Uniform Superior Court Rule 17.1 in proposing a resolution; submitting a conflict letter alone does not excuse attendance at trial.
All conflict letters must be submitted three (3) weeks before the trial calendar begins and must follow Uniform Superior Court Rule 17.1 in proposing a resolution. Please note that the submission of a conflict letter alone does not excuse counsel or self-represented litigants from the trial of the case.
Document Type
Conflict Letter
Each motion in limine must be filed as a separate document and limited to discrete evidentiary or procedural matters.
Each such motion shall be a separate document and attachment to the email to opposing counsel and to Ms. Cormier. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence.
Document Type
Motion In Limine
Counsel must submit all proposed voir dire questions to the Court as directed.
Counsel shall submit to the Court all proposed voir dire questions as directed above.
Document Type
Voir Dire Questions
Parties must submit proposed jury charges, with pattern charges given by number only and non-pattern or modified charges requiring full text plus citations to legal authority.
The parties must submit all proposed requests to charge which, for the State, includes charges of the particular offense(s) alleged in the indictment. For pattern charges, each party is to submit ONLY the pattern charge NUMBER and not the text of the charge itself. Pattern charges are strongly encouraged. For all non-pattern or modified pattern charges, the parties are required to submit the full text and cite the case law, statute, or other authority supporting such requested charge. Counsel may not submit proposed charges without citations to applicable legal authority.
Document Type
Jury Instructions
An agreed proposed verdict form must be submitted on the first day of trial, with lead counsel for both sides initialing the reverse side.
A proposed verdict form agreed to by both parties, shall be submitted to the Court on the first day of trial. The Court will request that lead counsel of record, for both the State and the Defendant, initial the back of the reverse side of the verdict form.
Document Type
Verdict Form
Counsel must obtain Court approval before publishing any evidence or exhibits to the jury.
Counsel shall obtain approval from the Court before publishing any evidence/exhibits to the jury.
Document Type
Exhibit
All demonstrative exhibits must be shared with opposing counsel and the Court before trial begins.
All demonstrative exhibits must be shared with opposing counsel and the Court before the trial begins.
Document Type
Demonstrative Exhibit
Parties introducing exhibits must provide two hard copies of an exhibit list to the Court and one copy to each opposing party before jury selection, listing each exhibit's number and brief description.
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. The exhibit list should include for each exhibit both the exhibit number and a brief description of what the exhibit purports to be.
Document Type
Exhibit List
Oversized or non-paper exhibits may be submitted as a digital photograph marked with an exhibit sticker; if not, a paper description will be inserted in the transcript.
For oversized or non-paper exhibits, such as guns, poster boards, etc., you may submit a digital photograph of the object marked with an exhibit sticker. If no photograph is submitted, thena piece of paper describing the exhibit (such as a gun, poster board, etc.) will be inserted by the court reporter in its place as the exhibit attached to the transcript.
Document Type
Oversized Exhibit
Replies and sur-replies will not be considered without prior Court approval.
Neither replies nor sur-replies will be considered without prior approval from the Court.
Document Type
Reply Brief
A party may submit only its own individual pre-trial order portions only with a written certification detailing good-faith efforts toward a fully consolidated order.
No party may submit their own individual portions of the pre-trial order to the Court without written certification detailing their good-faith efforts to present the Court with a fully consolidated order.
Document Type
Pretrial Order
If attorneys cannot agree on excluded deposition testimony, they must jointly provide the Court with a list of disputed page and line numbers and relevant text when filing motions in limine.
If the attorneys cannot agree on what portions of the deposition testimony should be excluded, the attorneys are instructed to jointly prepare a list of the page and line numbers at issue and provide it to the Court at the time they file their motions in limine, along with the relevant text from the deposition.
Document Type
Deposition Dispute List
Motions in limine must be made in writing.
Motions in Limine shall be made in writing
Document Type
Motion In Limine
Attorneys must list requested pattern jury charges by title and pattern number using the current Council of Superior Court Judges pattern charges, without reciting the text.
Each attorney shall list by title and pattern number the applicable pattern charges that he or she requests be given, using the current pattern charges published by the Council of Superior Court Judges, (the pattern charges are updated January and July of each year). Please do not recite the text of the pattern charge, just list the title and pattern number.
Document Type
Jury Charges
Non-pattern jury charges may be requested only if no pattern charge covers the issue; they must cite statutory or case authority, and parties are limited to twenty non-pattern charges unless the Court orders more for good cause.
In addition, attorneys may request non-pattern charges, if there is no pattern charge that covers the issue. It is the Court's preference to utilize pattern charges. In requesting non-pattern charges, attorneys shall reference applicable statutory or case authority. The parties are limited to requesting twenty (20) non-pattern jury charges absent prior Order from the Court based on motion and good cause shown for requesting additional non-pattern jury charges.
Document Type
Jury Charges
Attorneys or pro se litigants who use AI to prepare or draft any filing must be aware that the Court may act upon review of any improper AI use.
Any attorney or pro se litigant who uses AI in any capacity to prepare or draft any filing in this Courtroom SHALL be aware that if, on review, this Court finds the
Document Type
Filing
Filing & Service rules
Electronic Filing Rules
All counsel must register with the electronic filing system used by the Superior Court of Fulton County.
All counsel must also-register with the electronic filing system utilized in the Superior Court of Fulton County.
Page 2 | COMMUNICATING WITH THE COURT
All motions must be filed with the Clerk of the Superior Court; the Court will not consider unfiled motions.
All motions must be filed with the Office of the Clerk of the Superior Court. The Court will not consider any motions that have not been previously filed with the Clerk. Unfiled motions need not be presented to the Court, since they are not before the Court.
Page 5 | 3. Filing, Courtesy and Service Copies
All transcripts and accompanying exhibits must be e-filed; due to eFileGA size limits, exhibits must be scanned individually and emailed to the court reporter.
Pursuant to the Judicial Council of Georgia rules, all transcripts, and accompanying exhibits must be e-filed Due to the size limits of eFileGa, all exhibits must be scanned individually and emailed to the court reporter.
Page 13
E-filing is mandatory in Fulton County Superior Court; all parties should create an eFileGa account.
Electronic filing ("e-filing") is mandatory in the Superior Court of Fulton County. All parties should create an account with eFileGa to ensure consistent service of orders and other notices from the Court.
Page 2 | I. GENERAL INFORMATION
Proposed orders must not be filed with the clerk of court.
**Proposed orders shall not be filed with the clerk of court**, inasmuch as proposed orders have no force and effect in law and arguably serve no other purpose than to unnecessarily clutter the public record.
Page 7
All transcripts and accompanying exhibits must be e-filed; due to eFileGa size limits, each exhibit must be scanned individually and emailed to the court reporter.
Pursuant to the new rules of the Judicial Council of Georgia, all transcripts, and accompanying exhibits, are required to be e-filed. Due to the size limits of eFileGa, all exhibits must be scanned individually and emailed to the court reporter.
Page 15 | E. Exhibits & Demonstrative Evidence
Filing Timing and Cure Windows
Motions to compel may be filed after the Discovery Date deadline but no later than the Motions Due Date.
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.
Page 3 | DISCOVERY
Motions are due by the Motions Due Date in the CSSO; late motions will not be considered absent just cause.
General. 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 ofjust cause for the late filing.
Page 4 | MOTIONS
All motions must be filed within 10 days of the Case Management hearing, with limited exceptions.
All motions must be filed, with limited exception to motions that a superior court must hear as a matter of law, within ten (10) days of the Case Management hearing for all cases.
Page 4 | DISCOVERY
Pre-trial submissions must be filed with the Clerk, served by email on opposing counsel, and emailed to the Litigation Manager by 4 p.m. one week before the first day of 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 by email and submit by email to the Litigation Manager Matthew Cormier at Matthew.cormier@fultoncountyga.gov, by. 4 p.m. one week before the first day of trial, the following FIVE ITEMS:
Page 8 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Motions involving identification evidence, a confession, or severance will be denied as untimely if cast as motions in limine, absent good cause.
Such a motion cast as a motion in limine will be denied as untimely absent good cause shown.
Page 9
All motions must be filed within 10 days of the Case Management Hearing; late motions are deemed untimely and not considered absent just cause.
All Motions shall be filed by either party within ten (10) days of the Case Management Hearing. All motions filed after this deadline, with limited exception to those motions a superior court must hear as a matter of law, shall be deemed untimely and will not be considered absent a showing of just cause for the late filing.
Page 18 | CASE MANAGEMENT CALENDAR
Motions must be filed by a deadline of 10 days from the date of the scheduling order.
4. Motions - 10 days from today - Motions Deadline!!!
Page 20 | Exhibit B - Criminal Case Management Hearing Outline
Responses to discovery motions must be filed within one week of the discovery motion.
Responses to the discovery motion shall be filed within one (1) week of the filing of the discovery motion and shall be limited to no more than ten (10) pages, double spaced.
Page 6 | IV. DISCOVERY DISPUTES/EXTENSION REQUESTS
Responsive briefs must be filed within 30 days after the motion is filed.
Responsive briefs shall be filed within 30 days after the filing of the subject motion.
Page 7
All motions, including dispositive motions, must be filed and served within 30 days after the close of fact discovery.
all motions, including dispositive motions, such as motions for summary judgment and Daubert motions, must be filed and served upon the opposing party in accordance with the Civil Practice Act and the Uniform Superior Court Rules, within 30 days after the close of fact discovery.
Page 7
A written report on completion of the mandatory mediation session must be filed no later than 10 days after mediation.
A written report detailing the completion of the mandatory mediation session shall be filed in the case no later than ten (10) days after completion of mediation.
Page 10 | VII. ALTERNATIVE DISPUTE RESOLUTION.
Conflict letters must be submitted three weeks before the trial calendar begins.
All conflict letters must be submitted three (3) weeks before the trial calendar begins
Page 13
Motions in limine must be filed no later than two weeks before the trial calendar begins, or as directed by the trial notice.
Motions in Limine shall be made in writing, filed no later than two (2) weeks prior to the beginning of the trial calendar or as directed by the specific trial notice.
Page 13
Attorneys must submit a consolidated proposed verdict form to Senior Staff Attorney Erik Smith no later than one week before the trial calendar begins.
The attorneys shall submit a consolidated proposed verdict form to the senior staff attorney, Erik Smith, at erik.smith@fultoncountyga.gov no later than one (1) week prior to the beginning of the trial calendar.
Page 14
Motion filing requirements and deadlines apply to all motions, including immunity motions, demurrers, pleas, and specified 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)
Page 4 | MOTIONS
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.
Page 5 | 2. Motions Due Date
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.
Page 15 | REQUEST FOR COURT SERVICES
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.
Page 15 | REQUEST FOR COURT SERVICES
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.
Page 15 | REQUEST FOR COURT SERVICES
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.
Page 15 | REQUEST FOR COURT SERVICES
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.
Page 18 | CASE MANAGEMENT CALENDAR
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.
Page 18 | DISCOVERY
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.
Page 8
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.
Page 15 | E. Exhibits & Demonstrative Evidence
Attorneys may submit special voir dire questions one week before the trial calendar begins.
Attorneys may submit special voir dire questions for the Court's consideration one (1) week prior to the beginning of the trial calendar.
Page 14
Service and Proof of Service Rules
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.
Page 3 | DISCOVERY
Pre-trial submissions must be served on opposing counsel by email and submitted by email to the Litigation Manager.
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 Matthew Cormier at Matthew.cormier@fultoncountyga.gov, by. 4 p.m. one week before the first day of trial,
Page 8 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Parties must serve all discovery materials on one another by the Case Management Calendar.
The State and the Defendant shall serve all discovery materials upon one another on or before the Case Management Calendar.
Page 18 | DISCOVERY
Parties are served with a copy of the scheduling order on the date it is issued and no further notice will be given.
THE STATE, DEFENDANT AND HIS/HER COUNSEL OF RECORD (IF ANY), ARE BEING SERVED WITH A COPY OF THIS SCHEDULING ORDER ON TODAY'S DATE. NO FURTHER NOTICE SHALL BE GIVEN
Page 19 | D. Standing Case Management Order
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.
Page 12 | IX. PRE-TRIAL MATTERS
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.
Page 15 | E. Exhibits & Demonstrative Evidence
Copies of motions may be served on opposing counsel by email.
Copies may be served on opposing counsel via email.
Page 5 | 3. Filing, Courtesy and Service Copies
Courtesy Copy Requirements
A courtesy copy of any motion for extension must be emailed to Judge Cox's Chambers.
As with all motions, a courtesy copy of any motion for extension must be provided to Judge Cox's Chambers via email to Matthew Cormier at Matthew.cormier@fultoncountyga.gov.
Page 3 | DISCOVERY
Motions require a courtesy copy emailed to Chambers the same day the motion is filed with the Clerk.
Parties filing motions are required to deliver a courtesy copy to Judge Cox's Chambers via email to Litigation Manager Matthew Cormier at Matthew.cormier@fultoncountyga.gov. The courtesy copies of motions must be received in Chambers the same day that the motions are filed in the Clerk's office.
Page 5 | 3. Filing, Courtesy and Service Copies
Sealing & Redaction Procedures
Documents are ordinarily not truly confidential unless they constitute trade secrets, personal identifying information, or personal health information.
As a guide to counsel, the Court notes that documents, tangible things and information ordinarily are not truly confidential unless they constitute either (1) a "trade secret," as defined by the Uniform Trade Secrets Act, or cases applying Georgia law, O.C.G.A. §10-1-761(4); (2) personal identifying information, such as a Social Security number; or (3) personal health information protected by the Health Insurance Portability and Accountability Act.
Page 8 | A. Consent Protective Confidentiality Orders; Filing Under Seal; Confidential Settlement Agreements
Pre-Motion Conference Requirements
Replies and sur-replies require prior Court approval, requested informally by email with an explanation of need.
Neither replies nor sur-replies will be considered without prior approval from the Court. Approval may be requested informally by email and should explain the reason why a reply or sur-reply is needed.
Page 6 | IV. DISCOVERY DISPUTES/EXTENSION REQUESTS
All parties must participate in a mandatory mediation before trial, with a neutral registered with the Georgia Office of Dispute Resolution.
Prior to trial, all parties are required to participate in a mandatory mediation. The neutral must be registered with the Georgia Office of Dispute Resolution. ADR will be specifically raised and discussed during the status conference.
Page 9 | VII. ALTERNATIVE DISPUTE RESOLUTION.
Parties must confer before the Motions Hearing Date to narrow or resolve outstanding motions and discuss the State's offer and the Defendant's plea or trial decision.
The Court hereby orders the parties to confer before the Motions Hearing Date to determine whether any of the outstanding motions can be narrowed or resolved by agreement and to discuss the State's offer to resolve the case as well as the Defendant's desire to enter a plea of guilty or move forward to the Motions Hearing Date and to Trial.
Page 5 | 6. Order to Confer in Advance
Parties must confer before the Final Plea Date to determine the State's offer and whether the Defendant will plead guilty or proceed to trial.
The Court hereby orders the parties to confer before the Final Plea Date to determine the State's offer and whether the Defendant will enter a plea of guilty or move forward to trial.
Page 6 | FINAL PLEA DATE, NEGOTIATED and NON-NEGOTIATED PLEAS - 2. Order to Confer in Advance
Adjournment & Extension Requirements
Extension requests for the Discovery Date deadline must be filed by written motion before the deadline and include a detailed explanation and proposed order.
Any request for an extension of the Discovery Date deadline shall be submitted by written motion to the Court prior to the Discovery Date deadline. Such motions must provide a detailed, fact- based explanation of the need for the extension including the amount of the actual time needed to provide outstanding discovery, along with a proposed order for the Court's
Page 3 | DISCOVERY
A party must file a written request for a continuance or status conference at least 60 days before the Final Plea and Trial Date, identifying the grounds, unless good cause is shown.
for Status Conference In the event a party intends - to seek a continuance or has any other problem with going forward with a trial on the assigned Final Plea and Trial Date due to incomplete production of discovery, incomplete witness information, client difficulties, a request for a psychological evaluation or otherwise, that party must notify the court by written request for a continuance and/or a status conference at least 60 days before the Final Plea and Trial Date absent good cause shown. The written request must specifically identify the grounds for the continuance, conference, or other problems with going forward
Page 7
Requests for additional trial preparation time must be made in writing and filed before the case is placed on a trial calendar.
Any request for additional time to prepare for trial must be made in writing and filed prior to the time this case is placed on a trial calendar.
Page 18 | EXTENSION OF TIME
All parties must appear at the scheduled dates and times unless prior leave of the court is obtained.
ALL PARTIES ARE EXPECTED TO BE PRESENT ON THE DATES AND TIMES SET FORTH ABOVE UNLESS PRIOR LEAVE OF THE COURT IS OBTAINED.
Page 19 | D. Standing Case Management Order
Any modification of a deadline or hearing date requires prior Court approval, even if all parties consent.
modification of any deadline or hearing date contained herein requires prior approval of the Court, even if all parties consent to the change.
Page 1 | I. GENERAL INFORMATION
Discovery extensions are not granted except in extraordinary circumstances with good cause shown before the discovery period expires.
Except in extraordinary circumstances where a request is made, and good cause shown prior to the expiration of the discovery period, no extension of time for discovery or other discovery motions will be granted.
Page 6 | IV. DISCOVERY DISPUTES/EXTENSION REQUESTS
Outstanding forensic testing must be raised through a timely extension request filed before the Discovery Deadline.
Any outstanding forensic testing, requested by either party, must be brought to the Court's attention by way of a timely request for extension filed before the Discovery Deadline to prevent delays in the trial and other Court dates and deadlines.
Page 3 | DISCOVERY
The Final Plea Date will not be reset absent good cause shown and an express order of the Court.
The Final Plea Date shall not be reset absent good cause shown and express order of this Court.
Page 6 | FINAL PLEA DATE, NEGOTIATED and NON-NEGOTIATED PLEAS - 1. General
Participating in ADR will not extend or continue any deadline set forth in the Scheduling Order.
Participation in ADR shall not cause the continuance of any deadline set forth in the Scheduling Order.
Page 9 | VII. ALTERNATIVE DISPUTE RESOLUTION.
Extensions to submit proposed pre-trial orders are granted only for good cause shown.
Extensions for submitting proposed pre-trial orders will be granted only for good-cause shown.
Page 10 | VIII. CONSOLIDATED PRE-TRIAL ORDERS. A. Generally.
Continuances are granted only for exceptional circumstances.
Continuances will be granted only on the basis of exceptional circumstances.
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Chambers Communication Rules
Counsel must provide their email addresses to the Litigation Manager at the entry of appearance.
At the entry of appearance of counsel, the attorneys are required to provide their email addresses to Litigation Manager Matthew Connier by emailing the same to him.
Page 2 | COMMUNICATING WITH THE COURT
Counsel must never directly email the Judge or copy the Judge on correspondence.
In no instance, should counsel directly email the Judge or copy the judge on correspondence.
Page 2 | COMMUNICATING WITH THE COURT
Counsel must email prepared orders/judgments to the Court (Matthew.cormier@fultoncountyga.gov) and opposing counsel within three business days of entry, and must not email the Judge directly.
shall promptly prepare orders or judgments to be presented to the Court and by email the same to the Court (Matthew.cormier@fultoncountyga.gov) and opposing counsel simultane- ously and within three business days of the entry of that order or judgment unless directed otherwise by the Court. In no instance, should counsel directly email the Judge.
Page 14
Email regarding civil matters must not be sent directly to Judge Cox but must be directed to Senior Staff Attorney Erik Smith at erik.smith@fultoncountyga.gov, who will not engage in substantive case discussions.
Finally, never communicate by email directly with Judge Cox. Communication with the Court regarding civil matters shall be directed to the Senior ===== PAGE 4 ===== Staff Attorney, Erik Smith, at erik.smith@fultoncountyga.gov. However, please be aware the Court's Senior Staff Attorney will not engage in substantive discussions regarding any case before
Page 3 | II. COMMUNICATIONS
All questions, explanations, and case discussions must be submitted by email with a copy to opposing counsel to avoid ex parte communications.
To avoid ex-parte communications, submit all questions, explanations, and discussions concerning this case by email, with a copy to opposing counsel.
Page 3 | II. COMMUNICATIONS
Communications with Chambers must be in writing (hard copy or email to the Litigation Manager) with copies to all counsel of record unless ex parte.
While the Court encourages counsel to communicate with Chambers, such communication shall be in writing and delivered in hard copy or emailed to Litigation Manager Matthew Cormier (Matthew.cormier@fultoncountyga.gov) with copies of such communication also provided to all counsel of record unless the matter is a proper ex parte filing. [Contact with the Court as an initial option, should be limited to matters confirming scheduling and other administrative matters only. ]
Page 1 | COMMUNICATING WITH THE COURT
All questions, explanations, or discussions about the case must be submitted by email with a copy to opposing counsel.
submit all questions, explanations, or discussions concerning your case by email, with a copy to opposing counsel
Page 2 | COMMUNICATING WITH THE COURT
Counsel should avoid telephoning Chambers except in exceptional circumstances.
avoid telephoning Chambers except in exceptional circumstances
Page 2 | COMMUNICATING WITH THE COURT
Parties must contact Judge Cox's Litigation Manager Matthew Cormier by phone or email to schedule a plea entry date before the Final Plea Hearing.
The parties are directed to contact Matthew Cormier, Litigation Manager for Judge Thomas A. Cox, Jr., at (404) 612-4604 or Matthew.cormier@fultoncountyga.gov to schedule a date for entry of a plea prior to the Final Plea Hearing.
Page 7
Proposed jury charges must be emailed to Senior Staff Attorney Erik Smith.
Please email a copy of the Proposed Jury Charges to Senior Staff Attorney, Erik Smith, at erik.smith@fultoncountyga.gov.
Page 9
The Court must be immediately notified of any problem or dispute that could delay deadlines.
the Court must be immediately notified of any problem or dispute that could delay the deadlines contained herein.
Page 1 | I. GENERAL INFORMATION
The Court will not condone or participate in practice by email, text, or telephone calls.
Please note that the Court will not condone or participate in “practice by email, text or telephone calls.”
Page 3 | II. COMMUNICATIONS
The Court will only respond to matters properly filed with the Clerk's Office.
Please note that the Court will only respond to matters that have been properly filed with the Clerk’s Office.
Page 3 | II. COMMUNICATIONS
The Court does not answer questions about legal strategy, court preferences, or approaches to legal questions.
Likewise, the Court does not answer questions regarding legal strategy, court preferences or approaches to legal questions.
Page 3 | II. COMMUNICATIONS
Parties selecting email as their primary method of communication with the Court must check their emails or ensure someone monitors and forwards them.
By selecting email as the primary method of communication with the Court, each party is required to check their emails or arrange to have their emails forwarded to someone in your office who will be responsible for checking them and informing you of the messages/documents that have been sent.
Page 3 | II. COMMUNICATIONS
The Court cannot counsel self-represented litigants on procedure or law.
Please be advised that the Court cannot counsel Self-Represented Litigants on the procedure or on law.
Page 3 | II. COMMUNICATIONS
Telephone calls to the Court should be reserved for exceptional circumstances.
Telephone calls to the Court should be reserved for exceptional circumstances.
Page 3 | II. COMMUNICATIONS
Counsel anticipating scheduling difficulties or legal arguments must provide the Court with advance notice of the specific issue before the Pre-Trial Conference.
If you have reason to anticipate scheduling difficulties, or that any question of law or evidence will provoke an argument, provide the Court with notice regarding the specific issue in advance of the Pre-Trial Conference.
Page 4 | III. COURTROOM CONDUCT
Contact Senior Staff Attorney Erik Smith by email about case status, trial length, and settlement possibilities during the trial calendar.
contact the Senior Staff Attorney, Erik Smith at erik.smith@fultoncountyga.gov, with the status of the case, the estimated length of trial and the possibilities of settlement during the trial calendar.
Page 13
Attorneys must email a Microsoft Word version of jury charge requests to the senior staff attorney at least three business days before the trial calendar begins.
In addition to filing jury charge requests with the Clerk, attorneys shall also email an electronic copy in Microsoft Word version to the senior staff attorney, Erik Smith at erik.smith@fultoncountyga.gov at least three (3) business days before the beginning of the trial calendar.
Page 15
Legal professionals other than attorneys are discouraged from directly contacting the Court.
Legal professionals other than attorneys are discouraged from engaging in direct contact with the Court, given the potential for a violation of these guidelines by a person that is not an officer of the Court, as well as to eliminate the potential for the unauthorized practice of law.
Page 2 | COMMUNICATING WITH THE COURT
Counsel are discouraged from contacting the Court about preferences, as the Court does not respond to such questions by email or phone.
counsel are also discouraged from reaching the Court regarding questions on Court preferences. The Court does. not practice through emails or telephone calls and does not respond to these types of questions.
Page 2 | COMMUNICATING WITH THE COURT
Pre-trial submissions must be emailed to the Litigation Manager Matthew Cormier at Matthew.cormier@fultoncountyga.gov.
submit by email to the Litigation Manager Matthew Cormier at Matthew.cormier@fultoncountyga.gov, by. 4 p.m. one week before the first day of trial,
Page 8 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Discovery disputes should be brought to the Court's attention promptly and in writing.
Disputes related to discovery should be brought to the Court's attention promptly and in writing.
Page 18 | DISCOVERY
Parties must contact Matthew Cormier to schedule a plea date before the Final Plea Hearing.
The parties are directed to contact Matthew Cormier, Litigation Manager for Judge Thomas A. Cox Jr., at (404) 612-4158 or matthew.cormier@fultoncountyga.gov to schedule a date for entry of a plea prior to the Final Plea Hearing.
Page 18 | CASE MANAGEMENT CALENDAR
Email is the Court's primary method of communication.
The Court has chosen email as the primary method of communication for the
Page 2 | II. COMMUNICATIONS
Requests for page-limit extensions may be made informally by email.
Approval for page limitation extensions may be requested informally by email.
Page 7
Approval for replies or sur-replies may be requested informally by email and should explain the reason needed.
Approval may be requested informally by email and should explain the reason why a reply or sur-reply is needed.
Page 7