Superior Court of DeKalb County Service and Proof of Service Rules

CRITICAL

Applies to

Initial complaint

The plaintiff or petitioner must file proof of service of the initial complaint or petition and related filings within 90 days, or the case may be dismissed absent proof of diligence and court permission.

The Plaintiff/Petitioner must file proof of service of the initial Complaint/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.

CRITICAL

Service

Publication

To seek service by publication, the plaintiff or petitioner must file proof of attempted service, a motion for service by publication, and an affidavit of diligent search within 90 days after filing the case.

In order to seek an order for service by publication, the Plaintiff/Petitioner must file proof of attempted service on Defendant/Respondent at Defendant/Respondent’s 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.

CRITICAL

Deadline

24 hours

Applies to

Affidavit in lieu of testimony

An affidavit in lieu of testimony must be served on the opposing party at least 24 hours before the 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.

CRITICAL

Applies to

Financial affidavits and child support worksheets

Updated financial affidavits and/or child support worksheets must be exchanged five days before a 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.

CRITICAL

Applies to

Notice of service by publication

Service

Publication

If service by publication is ordered, the petitioner must publish notice in The Champion Newspaper within 30 days and file the newspaper’s affidavit of publication with the clerk within 60 days of entry of the order.

Petitioner must publish Notice in The Champion Newspaper within 30 days of entry of the Order for Service by Publication and must file with the clerk’s office an Affidavit of Publication from The Champion Newspaper within 60 days of entry of the Order or the case shall stand DISMISSED.

CRITICALCriminal cases

Applies to

Motion for bond

Service of a motion for bond on opposing counsel is required at least 10 days before the scheduled arraignment.

The Court may hear arguments for bond at arraignment provided that a Motion for bond has been properly filed and served on opposing Counsel at least ten (10) days prior to the scheduled arraignment.

CRITICAL

Service

Electronic service

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

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

CRITICAL

Applies to

Motion for service by publication

Service

Publication

A request for service by publication requires proof of attempted service at the defendant’s or respondent’s last known address, together with a motion for service by publication and an affidavit.

In order to seek an order for service by publication, the Plaintiff/Petitioner must file proof of attempted service on Defendant/Respondent at Defendant/Respondent’s last known address, together with a Motion for Service by Publication and an Affidavit of

CRITICAL

Applies to

Initial complaint or petition

The plaintiff or petitioner must file proof of service of the initial complaint or petition and related filings within 90 days after filing the case, unless the court grants leave based on proof of diligent service attempts.

The Plaintiff/Petitioner must file proof of service of the initial Complaint/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.

CRITICALCriminal cases

Deadline

3 business days

Service

Email to opposing party

For trials beginning Monday or Tuesday, pretrial submissions must be emailed to opposing counsel and the court by 5:00 PM the preceding Thursday; for trials beginning Wednesday or Thursday, they are due no later than three business days before trial.

Once a case is scheduled for Trial, the Parties are required to serve on opposing Counsel by email and submit by email to the Court’s Criminal Litigation Manager Griselle Rivera (grdavis1@dekalbcountyga.gov) and Staff Attorney Denise Warner (dmwarner@dekalbcountyga.gov) the following items no later than close of business (5:00 PM) the preceding Thursday, if the Trial is to begin on a Monday or Tuesday, OR not later than three (3) business days if the Trial is to begin on a Wednesday, Thursday,

CRITICAL

Service

Electronic service

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

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

CRITICALCriminal cases

Service

Email

Each proposed order must be emailed to the court and copied to all counsel of record.

Proposed orders must be emailed to the Court in Word format (a PDF copy may also be included if there are original consent signatures) and cc’d to all counsel of record.

CRITICALCriminal cases

The parties must promptly and completely comply with OCGA § 17-16-4 discovery disclosure requirements within 30 days after arraignment.

The parties shall promptly and completely comply with the disclosure requirements of OCGA § 17-16-4 within thirty (30) days of arraignment.

CRITICALCriminal cases

Supplemental discovery must be provided as soon as practicable and no later than five business days after receipt of the new information.

Any supplemental discovery must be provided as soon as practicable but in any event no later than five (5) business days after receipt of the new information.

CRITICALCriminal cases

Copies of a probation-revocation petition must be served on the defendant.

Probation Officers shall ensure that revocation petitions are timely filed and that copies are served on the Defendant(s).

CRITICALCriminal cases

Deadline

24 hours

Specified filings must be provided to the court within 24 hours after filing by hard copy, electronic service, email, or a permitted combination of those methods.

Within twenty-four (24) hours of filing, all entries of appearance, leaves of absence, conflict notices, motions, and other substantive filings must be provided to the Court by hard copy, eservice, and/or email.

CRITICALCriminal cases

Copies of a filed arraignment waiver must be served on both the state and the court.

A Defendant may waive arraignment by filing, with copies served on the State and the Court, a written waiver no later than 4:00 p.m. the business day immediately preceding the Arraignment Calendar.

WARNING

Applies to

Affidavit in lieu of testimony

Service

Email to court

Copies of any such documents should also be provided to the Court at the same time they are provided to the opposing party via email to Ms. Warner at address listed above.

Copies of any such documents should also be provided to the Court at the same time they are provided to the opposing party via email to Ms. Warner at address listed above.

WARNINGCriminal cases

Notices concerning the Probation Revocation Calendar are sent to the listed government and private recipients, and probation officers must notify defendants not in custody.

The Court publishes a Probation Revocation Calendar, and notices are sent to the ADAs, APDs, private counsel, probation officers, and the DeKalb County Jail. The Defendant(s) who are not in custody shall be notified by their probation officers.

INFOCriminal cases

Service

Electronic service

Electronic service of pleadings is legally sufficient.

This means that electronic service of pleadings is now legally sufficient.