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Court Rules
Judge

Judge Kelly Lee Ellerbe

Individual Rules, Standing Orders & Policies

Rules last changed:
Superior Court of Fulton County

Limits & Logistics

Document Limits

Discovery Motion
10 pgs
Brief
25 pgs
Opposition
10 pgs

Courtesy Copies

Additional Filings

  • Email

Filings > 45 pages

Motion, Response

  • Email

Petition, Rule Nisi

  • Email • Upon Filing

Adjournments

  • Any deadline or hearing date change requires Court approval even when all parties agree.
  • Requests to extend deadlines should be made as soon as the need arises and before the applicable deadline expires.
  • Continuances are granted only upon a showing of good cause.
  • +5 more

Request must include

Proposed New DatesAffects Other Dates

Communication

Email
daniela.britton@fultoncountyga.gov
Email
kristen.rogers@fultoncountyga.gov
Phone
Court-wide

Clerk

(404) 612-5152
Cases:
Filters:

Page & Word Limits5 rules

Page LimitsMandatory

Responses to discovery motions are limited to 10 pages.

Page limit
Up to 10 pages

Court's wording

Responses to the discovery motion shall be filed withinne (1) week of the filing of the discovery motion and shall be limited to no more than ten (10) pages, double spaced, with a size twelve (12) or larger font.

Page LimitsMandatory

The discovery motion shall be limited to no more than ten (10) pages, double spaced, with a size twelve (12) or larger font.

Discovery motion
Up to 10 pages
Page LimitsMandatory

Briefs and responsive briefs are limited to 25 pages, excluding exhibits.

Brief
Up to 25 pages

Excluded from page count

  • Exhibits

Court's wording

Except upon written permission of the Court, briefs and responsive briefs shall be limited to twenty-five (25) pages in length, excluding exhibits, double spaced with a size twelve (12) or larger font.

Page LimitsImportantCriminal cases

Victim impact statements must be in writing, on point, directed to the Court, and no longer than three pages.

Victim impact statement
Up to 3 pages

Court's wording

All victim impact statements must be in writing and on point and directed to the Court and not others. 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.

Page LimitsImportantCriminal cases

Requests for leniency must be in writing, on point, directed to the Court, and no longer than three pages.

Leniency request
Up to 3 pages

Court's wording

Any requests for leniency must be in writing and on point and directed to the Court and not others. These requests are to be no longer than three pages in length and may be read by the defendant, the defendant's family or loved ones, or defendant's attorney.

Document Format Requirements6 rules

FormattingMandatory

The discovery motion shall be limited to no more than ten (10) pages, double spaced, with a size twelve (12) or larger font.

Font size
12 points
Line spacing
Double
FormattingMandatory

Responses to discovery motions must be double spaced with a size 12 or larger font.

Font size
12 points
Line spacing
Double

Court's wording

Responses to the discovery motion shall be filed withinne (1) week of the filing of the discovery motion and shall be limited to no more than ten (10) pages, double spaced, with a size twelve (12) or larger font.

FormattingMandatory

Briefs and responsive briefs must be double spaced with a size 12 or larger font.

Font size
12 points
Line spacing
Double

Court's wording

Except upon written permission of the Court, briefs and responsive briefs shall be limited to twenty-five (25) pages in length, excluding exhibits, double spaced with a size twelve (12) or larger font.

FormattingMandatoryCivil cases

Prior to the hearing, counsel shall email a proposed final order to the Staff Attorney in Word format.

File type
Word
FormattingImportantCriminal cases

All proposed orders submitted to the Court shall be in WORD format and not smaller than 12-point font.

File type
Word
Font size
At least 12 points
Applies to
  • Proposed order
FormattingImportant

Parties shall email the Staff Attorney their requested jury charges in WORD format - as described below - no later than two (2) business days prior to the beginning of the trial calendar.

Document Filing Requirements24 rules

Filing RequirementsMandatoryCriminal cases

At the entry of appearance of counsel, the attorneys are required to provide an email address through the filing or by emailing the Litigation Manager.

Filing RequirementsMandatoryCriminal cases

Motions to compel discovery must be case-specific and itemize articulable instances of non-compliance; boilerplate or form motions will not be considered.

Court's wording

parties are directed to comply with all discovery obligations. The parties are ordered not to file boilerplate or "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

Filing RequirementsMandatoryCriminal cases

Motions must be sufficiently particularized, limited to a single issue, and filed separately; generalized and omnibus motions will be denied.

Court's wording

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. Each motion shall be limited to a single issue and filed separately.

Filing RequirementsMandatoryCriminal cases

Pattern jury charges are submitted by number only; non-pattern or modified charges require full text with supporting authority.

Court's wording

For un-modified pattern charges, each party is to submit ONLY the pattern charge NUMBER and not the text of the charge itself. 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.

Filing RequirementsMandatoryCriminal cases

Parties must provide the Court and each opposing party an exhibit list prior to jury selection that identifies each exhibit by number and description.

Court's wording

Any party that intends to introduce exhibits during trial shall provide two hard copies of an exhibit list to the Court (one to the judge and one to the court reporter) 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.

Filing RequirementsMandatory

Any attorney or pro se party using AI to prepare filings must include a certification of AI use and citation verification at the end of the document before the signature block.

Document
Filing
Placement
Certificate section

Must include

  • AI disclosure

Court's wording

Any attorney or pro-se party who uses AI in any capacity to prepare, draft, or review a filing or submission to the Court shall disclose such use in the document with the following certification: This document was generated with the assistance of [identify Al tool(s) used, e.g., Chat GPT, Perplexity, Claude, etc. ]. I hereby certify under penalty ofperjury that, despite reliance on an AI tool, I have independently reviewed this document to confirm accuracy, legitimacy, and use ofgood and applicable law. I hereby certify under penalty of perjury that every citation to law, case, statute, or the record in this document has been verified as accurate and that it exists as cited and for the proposition cited. The above certification must appear at the end of the document, before the signature block.

Filing RequirementsMandatory

Boilerplate objections to discovery requests are prohibited; parties must particularize each objection.

Court's wording

Boilerplate objections in response to discovery requests are prohibited. Parties should not carelessly invoke a litany of rote objections, e.g., attorney-client privilege, work-product immunity, overly broad/unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence, etc. Instead, parties are required to particularize their objections.

Filing RequirementsMandatory

When a party objects but still responds, it must state whether the response is complete absent the objections.

Court's wording

A party who objects to a discovery request but then responds to the request must indicate whether the response is complete, i.e., whether additional information or documents would have been provided but for the propounded objection(s). For example, in response to an interrogatory, a party is not permitted to raise objections and then state, "Subject to these objections and without waiving them, the response is as follows..." unless the party expressly indicates whether additional information would have been included in the response but for the objection(s).

Filing RequirementsMandatory

General objections and 'to the extent that' boilerplate are prohibited; each request requires specific objections.

Court's wording

General objections are prohibited, i.e., a party shall not include in his response to a discovery request an introductory or "General Objections" section stating that the party objects to the requests "to the extent that" they violate some rule pertaining to discovery, e.g., attorney-client privilege, work product immunity; the prohibition against discovery requests that are vague, ambiguous, overly broad, or unduly burdensome, etc. Instead, each individual discovery request must be met with specific objections that apply to that request. All general objections may be disregarded by the requesting party and the Court.

Filing RequirementsMandatory

Discovery motions must include a certificate of conference.

Document
Discovery motion

Must include

  • Certificate of conference

Court's wording

"[a]t the time of filing the motion, counsel shall also file a statement certifying that such [pre-filing] conference [amongst affected parties or entities] has occurred and that the effort to resolve by agreement the issues raised failed."

Filing RequirementsMandatory

In jury cases, parties must email a fully consolidated pretrial order to the Staff Attorney at least one week before the trial calendar; individual portions require written certification or may result in sanctions.

Court's wording

a party files a jury demand in this case, or if a party anticipates wanting a trial by jury, then the parties shall submit, by email, a fully consolidated pre-trial order ("PTO") by email directly to the Judge's Staff Attorney no later than one (1) week before the trial calendar begins. No party may submit their own individual portions of the PTO to the Court without written certification detailing their good- faith efforts to present the Court with a fully consolidated order. Failure of any party to submit its portion of the PTO may result in sanctions including dismissal of their claims (or the entire case) for want of prosecution.

Filing RequirementsMandatory

Parties relying on depositions must confer to agree on testimony; objecting parties must provide the Court a list of disputed page and line numbers with the relevant deposition text by the motions-in-limine deadline or the objection is waived.

Court's wording

trial calendar. If parties intend to rely on deposition testimony, that party must confer with all other parties prior to trial and attempt to agree on the testimony to be presented. If the parties cannot agree on what portions of the deposition testimony, if any, should be excluded, the objecting party must prepare a list of the page and line numbers at issue and provide it to the Court no later than the time that party files its motions in limine (one (1) week prior to beginning the trial calendar) - along with the relevant text from the deposition(s). Failure to comply with this requirement will constitute a waiver of the objection to the challenged

Filing RequirementsMandatory

Parties must provide the Court an exhibit list before jury selection, showing each exhibit's number/letter and a brief description.

Court's wording

Before jury selection begins, the parties shall provide the Court with a copy of the exhibit list. Exhibit lists shall include for each exhibit both the exhibit number/letter and a brief description of what the exhibit purports to be.

Civil Case Management Order rev 6 2026 · Jun 2026 · p. 13
|Section14.5. Exhibits & Demonstrative Evidence
Filing RequirementsMandatoryCivil cases

Prior to the hearing, counsel shall email a proposed final order to the Staff Attorney in Word format.

Filing RequirementsImportantCriminal cases

All bond motions must be filed with the Clerk of the Superior Court.

Filing RequirementsImportantCriminal cases

Proposed orders shall be submitted by email to the Litigation Manager and opposing counsel simultaneously

Filing RequirementsImportant

Include your email address on all Court submissions.

Civil Case Management Order rev 6 2026 · Jun 2026 · p. 2
|SectionSECTION 3. COMMUNICATING WITH THE COURT
Filing RequirementsImportant

Expert disclosures shall include the names, subject matters, substance of facts and opinions, and a summary of the grounds for each opinion which any expert is

Filing RequirementsImportant

For pattern jury charges, parties must list the title and pattern number of each requested charge using the current Council of Superior Court Judges pattern charges.

Court's wording

In this WORD document — for pattern charges — the parties shall list on a page(s) the title and pattern number of the requested pattern charges, using the current pattern charges published by the Council of Superior Court Judges (the pattern charges are updated January and July of each year).

Filing RequirementsImportant

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

Civil Case Management Order rev 6 2026 · Jun 2026 · p. 13
|Section14.5. Exhibits & Demonstrative Evidence
Filing RequirementsImportant

For non-pattern jury charges, parties must recite the charge text with supporting authority and may request them only when no pattern charge applies.

Court's wording

for non-pattern charges - the parties must recite the text of the charge requested and reference the applicable, supporting statutory or case authority. The parties may request non-pattern charges only if there is no pattern charge that covers the issue.

Filing RequirementsImportant

version of the pattern charge is being requested, do not recite the text of the pattern charge, just list the title and pattern number.

Filing RequirementsImportant

Parties seeking to utilize Court technology to display recordings or other evidence must prepare for trial by contacting Court Technology Services (www. fultoncourt.org/court-technology) to fill out a request form at least one (1) week before

Filing RequirementsImportant

Any party seeking such an order must provide a proposed order to the Staff Attorney at least one (1) day prior to trial.

Document
Order

Must include

  • Proposed order

Filing & Service rules

Electronic Filing Rules

Court reporters must e-file transcripts and accompanying exhibits; due to eFileGa size limits exhibits are scanned individually and emailed, and oversized or non-paper exhibits may be submitted as a digital photograph.

All transcripts, and accompanying exhibits, must be e-filed by the court reporter. Due to the size limits of eFileGa, all exhibits must be scanned individually and emailed to the court reporter. 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.

Criminal cases

Page 11 | 10.7. Digital Submission of Exhibits

E-filing is mandatory in Fulton County Superior Court.

Electronic filing (e-filing) is mandatory in Fulton County Superior Court.

Page 1 | SECTION 1. E-FILING NOTICE

All parties must create an account with eFileGA.

All parties shall create an account with eFileGA

Page 1 | SECTION 1. E-FILING NOTICE

Proposed orders should not be e-filed; they may be emailed to the Staff Attorney in WORD format with an attached copy of the filed motion.

Proposed orders should not be e-filed. Proposed orders may be emailed to the Staff Attorney (in WORD format) with attached copy of the filed motion to which the proposed order pertains.

Page 9 | SECTION 11

Filing Timing and Cure Windows

Bond motions filed before the indictment or accusation is docketed must be refiled or will be deemed withdrawn.

Any bond motion filed prior to docketing of the indictment or accusation must be refiled or will be deemed withdrawn.

Criminal cases

Page 2 | 3.2 Bond Motions/Hearings

Bond motions will not be heard at arraignment unless filed at least 48 hours before the arraignment date.

Motions for bond will not be heard at arraignment unless filed at least 48 hours prior to the arraignment date.

Criminal cases

Page 2 | 3.2 Bond Motions/Hearings

Motions to compel discovery may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date in the CSSO.

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.

Criminal cases

Page 4 | DISCOVERY

Motions filed after the Motions Due Date are untimely and will not be considered absent a showing of just cause for the late filing.

Motions filed after that date are untimely and will not be considered absent a showing of just cause for the late filing.

Criminal cases

Page 4 | MOTIONS

Pre-trial submissions must be filed with the Clerk and emailed by 4 p.m. one business day before trial, or else by the time the parties are ordered to appear if trial is set on shorter notice.

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, the following FIVE ITEMS (if the case is called to trial with less than one (1) business day notice, these submissions are due by the time the parties are ordered to appear in Court)

Criminal cases

Page 8 | 8.4

Motions in limine must be made in writing and filed no later than one week before the trial calendar begins.

Motions in Limine shall be made in writing, filed no later than one 1) week prior to the beginning of the trial calendar.

Page 11 | 14.1

Petitioner(s) must submit fingerprints timely so that the background check is completed before the hearing.

If a background check is required, petitioner(s) shall submit fingerprints in a timely manner so the background check is completed prior to the hearing date.

Civil cases

Page 1 | Standing Case Management Order

All documents must be filed before the hearing.

Further, all documents shall be filed prior to the hearing.

Civil cases

Page 1 | Standing Case Management Order

Motion filing deadlines apply to all specified motions and notices, with an exception for true motions in limine; motions improperly cast as in limine after the Motions Due Date will not be permitted absent just cause.

Application. The motion filing requirements and deadlines apply to all motions and notices, including but not limited to O.C.G.A. § 26-3-24 immunity motions, demurrers, pleas in bar or abatement, notice of O.C.G.A. §§ 24-4-404(b), 413, 414 and 418 evidence; notice of intention to use child hearsay; defendant's notice of intent to raise issues of incompetency, insanity or mental illness, defendant's notice of intent to raise alibi defense, defendant's notice of intent to introduce evidence of specific acts of violence by victim against third parties, and defendant's O.C.G.A. § 24-4-412(c) notice of intent to use evidence of complaining witness's past sexual behavior. These deadlines do not apply to motions in limine involving discrete evidentiary issues the significance of which is not readily apparent until focused trial preparation. However untimely motions improperly cast as motions in limine which are not true in limine motions, such as motions to suppress, to dismiss, or to sever defendants, will not be permitted after the Motions Due Date deadline absent a showing ofjust cause.

Criminal cases

Page 4 | MOTIONS

If no motions requiring a hearing are timely filed with courtesy copies received in Chambers, the case will not be placed on the Motions Hearing Calendar or afforded a hearing.

However, if no motions which require a hearing are timely filed, with courtesy copies received in Chambers, your case will not appear on the Motions Hearing Calendar and your case will not be afforded a hearing.

Criminal cases

Page 5 | 5.5

Requests for a court interpreter must be emailed to the Litigation Manager at least five business days before the hearing.

The request for an interpreter must be submitted in writing via email to the Litigation Manager no later than five (5) business days prior to the hearing date.

Criminal cases

Page 12 | 11.1. Court Interpreter

Proposed orders must be emailed to the Litigation Manager and opposing counsel within three business days of the pronouncement unless directed otherwise by the Court.

Proposed orders shall be submitted by email to the Litigation Manager and opposing counsel simultaneously and within three (3) business days of the pronouncement of that order or judgment unless directed otherwise by the Court.

Criminal cases

Page 12 | 10.12. Preparation of Orders

Conflict letters must be submitted one week before the trial calendar begins and must follow U.S.C.R. 17.1 in proposing a resolution.

All conflict letters must be submitted one (1) week before the trial calendar begins and must follow U.S.C.R. 17.1 in proposing a resolution.

Page 11

Attorneys must email proposed verdict forms to the Staff Attorney no later than one week before the trial calendar begins.

The attorneys shall submit any proposed verdict forms to the Staff Attorney by email no later than one (1) week prior to the beginning of the trial calendar.

Page 12 | 14.3

Parties must email requested jury charges to the Staff Attorney no later than two business days before the trial calendar begins.

Parties shall email the Staff Attorney their requested jury charges in WORD format - as described below - no later than two (2) business days prior to the beginning of the trial calendar.

Page 12 | 14.4

Parties must submit proposed voir dire questions to the Staff Attorney no later than two business days before the trial calendar begins.

Parties shall submit to the Staff Attorney all proposed voir dire questions no later than two (2) business days prior to the beginning of the trial calendar.

Page 12 | 14.2

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

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

Page 4 | SECTION 7. EARLY MOTIONS

Service and Proof of Service Rules

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

Criminal cases

Page 8 | 8.4

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.

Criminal cases

Page 4 | DISCOVERY

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.

Page 1 | SECTION 1. E-FILING NOTICE

Filing Fees and Waivers

Filing fees apply to all e-filing transactions.

Filing fees will apply for all e-filing transactions.

Page 1 | SECTION 1. E-FILING NOTICE

Courtesy Copy Requirements

Parties filing bond motions must deliver a courtesy copy to opposing counsel and the Litigation Manager.

withdrawn. Parties filing bond motions are required to deliver a courtesy copy to opposing counsel and the Litigation

Criminal cases

Page 2 | 3.2 Bond Motions/Hearings

Parties filing motions must email a courtesy copy to Chambers via the Litigation Manager, received the same day the motion is filed; failure may result in denial of the motion.

Parties filing motions are required to deliver a courtesy copy to Judge Ellerbe's Chambers via email to the Litigation Manager. The courtesy copies of motions must be received in Chambers the same day that the motions are filed in the Clerk's office. Failure to comply with this directive may result in the denial of motions.

Criminal cases

Page 5 | 5.3

Parties must email courtesy copies of motions and responses to the Staff Attorney in addition to e-filing and e-serving.

In addition to e-filing and e-serving the motion or response, parties are required to send courtesy copies to the Staff Attorney by email.

Page 9 | SECTION 10 (implied)

Motions or response briefs exceeding 45 pages (including exhibits) must be hand delivered or mailed to Chambers.

If a motion or response brief is over forty-five (45) pages in length, including exhibits, it must be hand delivered or mailed to Chambers.

Page 9 | SECTION 10 (implied)

Counsel must email courtesy copies of the Petition and Rule Nisi, with case number, to the Staff Attorney after filing.

After the filing of the Petition and Rule Nisi, counsel shall email courtesy copies of such with the case number to the Staff Attorney.

Civil cases

Page 1 | Standing Case Management Order

Courtesy copies of additional filings must be delivered to Chambers via email.

If there are additional filings beyond the Petition and Rule Nisi (e.g., motion to serve by publication, acknowledgment of service, answers, home studies), courtesy copies of such filings shall be delivered to Chambers via email.

Civil cases

Page 1 | Standing Case Management Order

As with all motions, a courtesy copy of any motion for extension must be provided to Judge Ellerbe's Chambers via email to the Litigation Manager.

As with all motions, a courtesy copy of any motion for extension must be provided to Judge Ellerbe's Chambers via email to the Litigation Manager.

Criminal cases

Page 3 | DISCOVERY

Filing Bundling Requirements

Each motion in limine must be a separate document, not combined with other motions.

All motions in limine. Each such motion shall be a separate document and attachment to the email to opposing counsel and to the Litigation Manager.

Criminal cases

Page 8 | 8.4.3

Pre-Motion Conference Requirements

Discovery motions require a pre-filing conference and certification that the conference occurred and efforts to resolve failed.

"[a]t the time of filing the motion, counsel shall also file a statement certifying that such [pre-filing] conference [amongst affected parties or entities] has occurred and that the effort to resolve by agreement the issues raised failed."

Page 7 | 8.5

Parties must confer before the Motions Hearing Date to determine whether outstanding motions can be narrowed or resolved and to discuss the State's offer and the defendant's desired course.

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 Trial.

Criminal cases

Page 5 | 5.6

Parties must confer before the Final Plea Date to discuss 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.

Criminal cases

Page 6 | 6.2

Adjournment & Extension Requirements

Discovery extension requests must be filed by written motion by the Discovery Date deadline and include a detailed fact-based explanation, the time needed, and a proposed order.

Any request for an extension of the Discovery Date deadline shall be submitted by written motion to the Court by the Discovery Date deadline. Such motions must provide a detailed, fact-based explanation of the need for the extension including the amount of time needed to provide outstanding discovery, along with a proposed order for the Court's consideration.

Criminal cases

Page 3 | DISCOVERY

Requests to extend discovery for outstanding forensic testing must be filed PRIOR TO the Discovery Date 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 PRIOR TO the Discovery Date deadline to prevent delays in the trial and other Court dates and deadlines.

Criminal cases

Page 3 | DISCOVERY

A party must request a continuance or status conference in writing at least 7 days before the Final Plea and Trial Date, absent good cause.

that party must notify the Court by written request for a continuance and/or a status conference at least seven (7) days before the Final Plea and Trial Date absent good cause shown.

Criminal cases

Page 7

Continuances are granted only upon a showing of good cause.

No continuances will be granted except for good cause shown.

Page 3 | SECTION 6. DEADLINE EXTENSIONS, GENERALLY

Any deadline or hearing date change requires Court approval even when all parties agree.

Modification of any deadline or hearing date requires the Court's approval, even if all parties consent to the change.

Page 3 | SECTION 6. DEADLINE EXTENSIONS, GENERALLY

Continuances are granted only for exceptional circumstances.

Continuances will be granted only due to exceptional circumstances.

Page 11

No exceptions, extensions, or waivers are allowed without express court permission.

Absent express permission from the Court, no exceptions, extensions or waivers to the requirements set forth herein are allowed.

Civil cases

Page 1 | Standing Case Management Order

The Final Plea Date will not be reset unless good cause is shown and the Court enters an express order.

The Final Plea Date shall not be reset absent good cause shown and express order of this Court.

Criminal cases

Page 6 | 6.1

A party may seek a continuance or address other problems with proceeding to trial on the Final Plea and Trial Date based on grounds such as incomplete discovery, incomplete witness information, or client difficulties.

In the event a party intends to seek a continuance or has any other problem with going forward with trial on the assigned Final Plea and Trial Date due to incomplete production of discovery, incomplete witness information, client difficulties, a request for a

Criminal cases

Page 6 | 6.5

Requests to extend deadlines should be made as soon as the need arises and before the applicable deadline expires.

Any requests for deadline extensions should be made as soon as the need arises and before the deadline expires.

Page 3 | SECTION 6. DEADLINE EXTENSIONS, GENERALLY

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.

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 7 | 8.6

Discovery extension requests must include current deadlines, proposed extensions, a list of discovery conducted, and a completion schedule.

The request for a discovery extension shall include all the current deadlines and all proposed 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.

Page 8 | 8.6

Sentencing hearings proceed immediately after conviction, but the Court may grant a continuance for good cause.

The Court anticipates proceeding with sentencing hearings immediately after any conviction. However, on good cause shown by either party, the Court will entertain a continuance.

Criminal cases

Page 7 | 7.3

The inability to display evidence is not grounds to delay or continue the trial.

The inability to display evidence will not be reason to delay or continue trial.

Page 14 | 14.6. Courtroom Technology

Chambers Communication Rules

Counsel must communicate with Chambers in writing via email to the Litigation Manager, copying all counsel unless the communication is a proper ex parte filing.

While the Court encourages counsel to communicate with Chambers, such communication shall be in writing and delivered by email to Litigation Manager Rhapsody Little ((Rhapsody.Little@fultoncountyga.gov) with copies to all counsel of record unless the matter is a proper ex parte filing.

Criminal cases

Page 1 | 1. COMMUNICATING WITH THE COURT

Submit all case-related questions, explanations, and discussions by email with a copy to opposing counsel.

To avoid inappropriate ex parte communications, submit all questions, explanations or discussions concerning your case by email, with a copy to opposing counsel.

Criminal cases

Page 1 | 1.1 Email

In no instance, should counsel directly email or call the Judge.

In no instance, should counsel directly email or call the Judge.

Criminal cases

Page 1 | 1.3

All case questions and discussions must be submitted by email to the Staff Attorney with a copy to opposing counsel.

To avoid ex parte communications, submit all questions, explanations and discussions concerning this case by email, with a copy to opposing counsel, to the Staff Attorney, Ms. Britton, at daniela.britton@fultoncountyga.gov.

Page 2 | SECTION 3. COMMUNICATING WITH THE COURT

Indigent parties must email the court reporter coordinator at least one week before a hearing or trial to request a Court-provided court reporter.

if a party has been found indigent by the Court, they are required to email kristen.rogers@fultoncountyga.gov no later than one week in advance of the hearing or trial to request a Court provided court reporter.

Page 3 | SECTION 4. COURT REPORTERS

Communication with Chambers must be in writing, delivered in hard copy or emailed to the Staff Attorney, with copies to all counsel unless ex parte; direct email to the Judge is prohibited.

While the Court encourages counsel to communicate with Chambers, such communication shall be in writing and delivered in hard copy or emailed to the Staff Attorney with copies of such communication also provided to all counsel of record unless the matter is a proper ex parte filing. In no instance should counsel directly email the Judge.

Civil cases

Page 1 | Standing Case Management Order

All communications with the court must include the case number in the subject line.

All communications with the court must contain the case number in the subject line.

Criminal cases

Page 1 | 1.1 Email

Avoid telephoning chambers except in exceptional circumstances.

Phone. To prevent miscommunications and inappropriate ex parte communications, avoid telephoning chambers except in exceptional

Criminal cases

Page 1 | 1.2 Phone

Counsel who do not check their own emails must arrange for someone in their office to monitor and report incoming messages.

If you do not personally check your emails, you must arrange to have your 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.

Criminal cases

Page 1 | 1.1 Email

All communications with the Court must have the case number in the subject line.

All communications with the Court must contain the case number in the subject line.

Page 2 | SECTION 3. COMMUNICATING WITH THE COURT

Parties who do not check email must arrange for someone to receive and inform them of court communications.

If you do not check your emails, you must arrange to have them 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 2 | SECTION 3. COMMUNICATING WITH THE COURT

Parties should avoid telephoning the Court except in exceptional circumstances.

For this same reason and to prevent miscommunications, please avoid telephoning except in exceptional circumstances.

Page 2 | SECTION 3. COMMUNICATING WITH THE COURT

Parties must immediately notify the Court of any problem or dispute that could delay Court-set deadlines or hearing dates.

Notify the Court immediately of any problem or dispute (e.g., discovery issues, witness unavailability, illness, or the late addition of parties or claims) that could delay the deadlines or hearing dates set forth by the Court.

Page 3 | SECTION 6. DEADLINE EXTENSIONS, GENERALLY

Upon receiving trial notice, parties must immediately contact the Staff Attorney to report case status, estimated trial length, and settlement possibilities.

Immediately upon receipt of trial notice, the parties are ordered to contact the Staff Attorney with the status of the case, the estimated length of trial and the possibilities of settlement during the trial calendar.

Page 11

Any known admissibility disagreement must be brought to the Court's attention before trial begins.

Any known disagreement about admissibility of exhibits shall be brought to the Court's attention before trial begins.

Page 13 | 14.5. Exhibits & Demonstrative Evidence

The Court and its staff cannot provide legal or procedural advice.

The Court and Court staff cannot provide counsel on procedure or on the law.

Page 2 | SECTION 3. COMMUNICATING WITH THE COURT

The Court prefers email communication when possible.

The Court has chosen to communicate by email, whenever possible, for the sake of efficiency and economy.

Page 2 | SECTION 3. COMMUNICATING WITH THE COURT

Requests to exceed the page limit may be made informally by email.

Approval to exceed this page length may be requested informally by email.

Page 8 | 10

Court-wide rules

Applies court-wide

These 3 rules apply across Superior Court of Fulton County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Communication

All 2
  • Contact
    Phone to clerk

    Call the Court Clerk’s office at least 10 business days before the hearing, or as soon as possible after receiving the hearing notice, to request assistance or accommodations.

  • Contact
    Phone to clerk
    Phone
    (404) 612-5152

    Contact the Sheriff's Department at (404) 612-5152 to request a wheelchair.

Adjournments

All 1
  • If you cannot appear at a hearing, contact the Court Clerk at least 48 hours beforehand.

About Judge Kelly Lee Ellerbe

Judge Kelly Lee Ellerbe serves on the Superior Court of Fulton County, a Georgia trial court of general jurisdiction that handles a broad range of civil and criminal matters.

The published procedures include an order on the use of artificial intelligence, as well as case management orders for criminal, civil, and adoption/parentage cases.

Common questions about Judge Kelly Lee Ellerbe's rules

Are courtesy copies required for Judge Kelly Lee Ellerbe?

Courtesy-copy rule applies for bond motion. Parties filing bond motions must deliver a courtesy copy to opposing counsel and the Litigation Manager.

View ruleSource: page 2, section 3.2 Bond Motions/Hearings

Does Judge Kelly Lee Ellerbe require a pre-motion conference or letter before filing a motion?

Discovery motions require a pre-filing conference and certification that the conference occurred and efforts to resolve failed.

View ruleSource: page 7, section 8.5

What page or word limits apply to discovery motion before Judge Kelly Lee Ellerbe?

Judge Kelly Lee Ellerbe's rule states these limits: 10 pages. Discovery motions are limited to 10 pages.

View ruleSource: page 7, section 8.5

What page or word limits apply to brief before Judge Kelly Lee Ellerbe?

Judge Kelly Lee Ellerbe's rule states these limits: 25 pages. Excludes exhibits. Briefs and responsive briefs are limited to 25 pages, excluding exhibits.

View ruleSource: page 8, section 10

What formatting rules apply to filings before Judge Kelly Lee Ellerbe?

Judge Kelly Lee Ellerbe's formatting rule includes 12 point type, double spacing. Discovery motions must be double spaced with a size 12 or larger font.

View ruleSource: page 7, section 8.5

What must be included with entry of appearance filings before Judge Kelly Lee Ellerbe?

Attorneys must provide an email address at the entry of appearance, either through the filing or by emailing the Litigation Manager.

View ruleSource: page 1, section 1.1 Email

What must be included with discovery motion filings before Judge Kelly Lee Ellerbe?

Motions to compel discovery must be case-specific and itemize articulable instances of non-compliance; boilerplate or form motions will not be considered.

View ruleSource: page 3, section DISCOVERY

How may parties contact Judge Kelly Lee Ellerbe's chambers?

Submit all case-related questions, explanations, and discussions by email with a copy to opposing counsel.

View ruleSource: page 1, section 1.1 Email

How do I request an adjournment or extension before Judge Kelly Lee Ellerbe?

Requests to extend discovery for outstanding forensic testing must be filed PRIOR TO the Discovery Date deadline.

View ruleSource: page 3, section DISCOVERY

Does Judge Kelly Lee Ellerbe require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Each motion in limine must be a separate document, not combined with other motions.

View ruleSource: page 8, section 8.4.3

Is electronic filing required before Judge Kelly Lee Ellerbe?

Yes. Electronic filing is required for the covered filings. Court reporters must e-file transcripts and accompanying exhibits; due to eFileGa size limits exhibits are scanned individually and emailed, and oversized or non-paper exhibits may be submitted as a digital photograph.

View ruleSource: page 11, section 10.7. Digital Submission of Exhibits

Are filing fees or waivers addressed before Judge Kelly Lee Ellerbe?

A fee is required for covered filings. Filing fees apply to all e-filing transactions.

View ruleSource: page 1, section SECTION 1. E-FILING NOTICE

What filing deadlines does Judge Kelly Lee Ellerbe set?

Bond motions will not be heard at arraignment unless filed at least 48 hours before the arraignment date.

View ruleSource: page 2, section 3.2 Bond Motions/Hearings

What rule applies to service by email for the opposing party before Judge Kelly Lee Ellerbe?

Details: method: service by email, recipient: the opposing party, timing: 1 business days before hearing. Parties must serve pretrial submissions on opposing counsel by email one business day before trial.

View ruleSource: page 8, section 8.4
Complete rules summary for Judge Kelly Lee Ellerbe

Motions to compel discovery may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date in the CSSO.

Attorneys must provide an email address at the entry of appearance, either through the filing or by emailing the Litigation Manager.

Counsel who do not check their own emails must arrange for someone in their office to monitor and report incoming messages.

Submit all case-related questions, explanations, and discussions by email with a copy to opposing counsel.

All communications with the court must include the case number in the subject line.

Avoid telephoning chambers except in exceptional circumstances.

Bond motions will not be heard at arraignment unless filed at least 48 hours before the arraignment date.

All bond motions must be filed with the Clerk of the Superior Court.

Bond motions filed before the indictment or accusation is docketed must be refiled or will be deemed withdrawn.

In no instance, should counsel directly email or call the Judge.

As with all motions, a courtesy copy of any motion for extension must be provided to Judge Ellerbe's Chambers via email to the Litigation Manager.

Parties filing bond motions must deliver a courtesy copy to opposing counsel and the Litigation Manager.

Requests to extend discovery for outstanding forensic testing must be filed PRIOR TO the Discovery Date deadline.

Motions to compel discovery must be case-specific and itemize articulable instances of non-compliance; boilerplate or form motions will not be considered.

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.

All proposed orders must be submitted in WORD format with font no smaller than 12-point.

Motion filing deadlines apply to all specified motions and notices, with an exception for true motions in limine; motions improperly cast as in limine after the Motions Due Date will not be permitted absent just cause.

Parties filing motions must email a courtesy copy to Chambers via the Litigation Manager, received the same day the motion is filed; failure may result in denial of the motion.

Motions must be sufficiently particularized, limited to a single issue, and filed separately; generalized and omnibus motions will be denied.

If no motions requiring a hearing are timely filed with courtesy copies received in Chambers, the case will not be placed on the Motions Hearing Calendar or afforded a hearing.

Parties must confer before the Motions Hearing Date to determine whether outstanding motions can be narrowed or resolved and to discuss the State's offer and the defendant's desired course.

The Final Plea Date will not be reset unless good cause is shown and the Court enters an express order.

Pre-trial submissions must be filed with the Clerk and emailed by 4 p.m. one business day before trial, or else by the time the parties are ordered to appear if trial is set on shorter notice.

A party may seek a continuance or address other problems with proceeding to trial on the Final Plea and Trial Date based on grounds such as incomplete discovery, incomplete witness information, or client difficulties.

Victim impact statements must be in writing, on point, directed to the Court, and no longer than three pages.

Requests for leniency must be in writing, on point, directed to the Court, and no longer than three pages.

Sentencing hearings proceed immediately after conviction, but the Court may grant a continuance for good cause.

Each motion in limine must be a separate document, not combined with other motions.

Pattern jury charges are submitted by number only; non-pattern or modified charges require full text with supporting authority.

Parties must provide the Court and each opposing party an exhibit list prior to jury selection that identifies each exhibit by number and description.

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