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Court Rules

Superior Court of Fulton County Service and Proof of Service Rules

114 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements.

CRITICALCriminal cases

Expert notice must be provided seven days before any evidentiary hearing requiring expert testimony.

and seven days before any evidentiary hearing requiring expert testimony.

Judge Alice Benton

CRITICALCivil cases

Applies to
Motion for service by publication
Service
Publication to opposing party

To seek service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 90 days of filing the case or the case stands dismissed.

In order to seek an order for service by publication, the Petitioner must file proof of attempted service on Respondent at Respondent9s last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 90 days of filing the case or the case shall stand DISMISSED.

Judge Alice Benton

CRITICALCriminal cases

Service
Email to opposing party

Parties must serve pre-trial submissions on opposing counsel by email.

Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to efile, serve on opposing counsel by email, and submit by email to Litigation Manager Stephanie Cooper (Stephanie.Cooper@fultoncountyga.gov), by 4 p.m. two business days before the first day of trial, the following (if the case is called to trial with less than one business day notice, these submissions are due by the time the parties are ordered to appear in Court or as otherwise directed by the Court):

Judge Alice Benton

CRITICALCriminal cases

Expert notice must be provided at least 14 days before the Final Plea/Trial Calendar Call.

The notice must be provided at least 14 days before the Final Plea/Trial Calendar Call

Judge Alice Benton

CRITICALCivil cases

Applies to
Initial petition

Petitioner must file proof of service of the initial Petition within 90 days of filing the case or the case stands dismissed, absent proof of diligence and leave of court.

Petitioner must file proof of service of the initial Petition and related filings within 90 days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court.

Judge Alice Benton

CRITICALCivil cases

Applies to
Affidavit of publication
Service
Publication to clerk

Petitioner must file an Affidavit of Publication from the Fulton County Daily Report with the clerk's office within 45 days of entry of the Order for Service by Publication or the case stands dismissed.

must file with the clerk9s office an Affidavit of Publication from the Fulton County Daily Report within 45 days of entry of the Order or the case shall stand DISMISSED.

Judge Alice Benton

CRITICAL

Applies to
Initial petition

Petitioner must file proof of service of the initial Petition and related filings within 90 days of filing, or the case is dismissed, absent proof of diligence or leave of Court.

Petitioner must file proof of service of the initial Petition and related filings within ninety (90) days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court.

Judge Alice Benton

CRITICALCivil cases

Service
Electronic service

E-service via eFileGA is valid and effective service with the same legal effect as paper service.

E-Service of an E-Document via eFileGA shall be considered valid and effective service and shall have the same legal effect as an original paper Document sent via traditional means, e.g., U.S. mail and hand delivery.

Judge Alice Benton

CRITICALCivil cases

Applies to
Subsequent filing
Service
Electronic service

Documents filed after the Original Complaint or Petition must be served electronically through eFileGA.

Except as otherwise set forth in this Order, for any Document filed subsequently to an Original Complaint or Petition, a party shall make service upon other parties electronically through eFileGA. Parties shall receive all Documents E-Filed and E-Served upon them via eFileGA.

Judge Alice Benton

CRITICAL

Deadline
2 business days
Applies to
Exhibits
Service
Email to court

For hearings before Judicial Officer Miller, all Exhibits for Temporary and Motions hearings must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.

For hearings before Judicial Officer Miller, all Exhibits for Temporary and Motions hearings must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.

Judge Alice Benton

CRITICAL

Deadline
48 hours
Applies to
Exhibits

Parties are ordered to exchange exhibits 48 hours before trial and a contempt hearing unless the Court directs otherwise.

Parties are ORDERED to exchange exhibits forty-eight (48) hours prior to trial and a contempt hearing unless directed otherwise by the Court.

Judge Alice Benton

CRITICALCivil cases

Applies to
Notice of publication
Service
Publication to opposing party

After an Order for Service by Publication is granted, Petitioner must publish Notice in the Fulton County Daily Report within 15 days of entry of the Order.

If an Order for Service by Publication is granted by the Court, Petitioner must publish Notice in the Fulton County Daily Report within 15 days of entry of the Order for Service by Publication

Judge Alice Benton

CRITICAL

Deadline
48 hours
Applies to
Exhibits

Parties are ordered to exchange exhibits at least 48 hours before a hearing.

The parties are ORDERED to exchange exhibits at least 48 hours prior to a hearing.

Judge Alice Benton

CRITICALCivil cases

Applies to
Voir dire questions
Service
Email to opposing party

Proposed voir dire questions must be emailed to all opposing parties at least two days before the beginning of the trial calendar.

Parties must submit to the Staff Attorney a courtesy copy, emailed to all opposing parties, with all proposed voir dire questions at least two days before the beginning of the trial calendar.

Judge Alice Benton

CRITICALCivil cases

Applies to
Complaint
Service
Personal service

Original Complaints and Petitions must be served via traditional means (personal service or other statutory means).

All parties initiating a civil action must still make service upon any opposing parties of Original Complaints and Petitions via traditional means, i.e., personal service or other means allowable under applicable statutes.

Judge Alice Benton

CRITICAL

Service
Publication

To seek service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 45 days of filing, or the case is dismissed.

In order to seek an order for service by publication, the Petitioner must file proof of attempted service on Respondent at Respondent's last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 45 days of filing the case or the case shall stand DISMISSED.

Judge Alice Benton

CRITICAL

Deadline
2 business days
Applies to
Exhibits
Service
Email to court

For all Final Hearings before Judicial Officer Greg Miller, all Exhibits must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.

For all Final Hearings before Judicial Officer Greg Miller, all Exhibits must be emailed to the litigation manager stephanie.cooper@fultoncountyga.gov at least two full business days before the scheduled hearing in a single email from each side with the exhibits attached in pdf format and numbered P1, P2 etc. and R1, R2 etc. The opposing party must be copied in all correspondence. Links to cloud storage will not be accepted.

Judge Alice Benton

CRITICALCivil cases

Service
Mail

Self-represented litigants without an email address must be served by U.S. mail or personal service, provided they certify in their initial filing that they lack an email and cannot register.

il. Ifa Self-Represented Litigant does not have an e-mail address and therefore cannot register for an eFileGA account, the other parties to the litigation must serve the Self-Represented Litigant via U.S. mail or personal service. To qualify for such non-electronic service, the Self-Represented Litigant must make a certification in his/her initial filing that he/she does not have an e-mail address and therefore cannot register for an eFileGA account.

Judge Alice Benton

CRITICALCivil cases

Service
Electronic service

Registered users receive e-service of all e-documents except subpoenas and summonses.

Registered users shall receive E-Service of E-Documents, other than service of subpoenas or summonses.

Judge Alice Benton

CRITICALCivil cases

Applies to
Discovery requests

Discovery requests must be served early enough that responses are due on or before the last day of the discovery period.

All discovery requests must be served early enough so that the responses thereto are due on or before the last day of the discovery period.

Judge Alice Benton

CRITICALCivil cases

Service must be perfected within 30 days or the case will be dismissed without prejudice.

Failure to perfect service within thirty (30) days will result in a dismissal without prejudice.

Judge Belinda E. Edwards

CRITICAL

Bond motions must be served upon the State.

Motions for Bond must be filed with the Clerk, served upon the State and a courtesy copy sent via email to the Court’s Litigation Manager.

Judge Belinda E. Edwards

CRITICAL

Each party must submit and serve mandatory discovery documents by the 30-Day Status Conference; willful failure may result in dismissal.

Pursuant to Fulton County Superior Court Family Division (<FCSCFD=) Rule 4000-6.3.2, each Party must submit by the 30-Day Status Conference his or her Financial Affidavit, Child Support Worksheet and Schedules, Answers to Interrogatories, and documents in response to Required Documents to be Produced and serve same upon the opposing party as specified in that Rule. The Court warns that willfully and intentionally failing to timely produce discovery may result in dismissal of the case or the entry of final disposition.

Judge Charles M. Eaton Jr.

CRITICAL

Service
Publication

To obtain service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 45 days of filing, then publish notice within 30 days and file an Affidavit of Publication within 60 days, or the case is dismissed.

To seek an order for service by publication, the Petitioner must file proof of attempted service on Respondent at Respondent9s last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 45 days of filing the case or the case shall stand DISMISSED. If an Order for Service by Publication is granted by the Court, Petitioner must publish Notice in the Fulton County Daily Report within 30 days of entry of the Order for Service by Publication and must file with the clerk9s office an Affidavit of Publication from the Fulton County Daily Report within 60 days of entry of the Order or the case shall stand DISMISSED.

Judge Charles M. Eaton Jr.

CRITICAL

Petitioner must file proof of service of the initial Petition within 90 days of filing, or the case is dismissed absent proof of diligence and leave of Court; the order must also be served on the opposing party if no answer has been filed.

Petitioner must file proof of service of the initial Petition and related filings within ninety (go) days of filing the case or the case shall stand DISMISSED, absent proof of diligence in attempting service and leave of Court. Petitioner must serve this order on the opposing party if no answer has been filed at the time this order is entered.

Judge Charles M. Eaton Jr.

CRITICALCriminal cases

Service
Email to opposing party

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

serve on opposing counsel by email

Judge Craig L. Schwall Sr.

CRITICALCriminal cases

Bond motions must be served on the State.

Motions for Bond must be filed with the Clerk of Court, served on the State and emailed to Litigation Manager Tammy Gorman.

Judge Eric Dunaway

CRITICALCriminal cases

Defendant must give the prosecutor written notice of O.C.G.A. § 17-16-1 election within 10 days after arraignment.

The defendant, no later than 10 DAYS after arraignment, shall provide written notice to the prosecuting attorney of defendant's election to have O.C.G.A. § 17-16-1 apply to the defendant's case.

Judge Eric Dunaway

CRITICALCriminal cases

Expert testimony notice must be provided to the opposing party at least ten days before trial.

Any party seeking to rely on **Expert** testimony at trial (or any evidentiary hearing) must provide written notice to the opposing party at least ten days before trial

Judge Eric Dunaway

CRITICALCriminal cases

Expert testimony notice must be provided to the opposing party at least five days before any evidentiary hearing.

and five days before any evidentiary hearing.

Judge Eric Dunaway

CRITICALCriminal cases

Deadline
1 business days
Service
Email to opposing party

Parties must serve pretrial submissions on opposing counsel by email one business day before trial.

the parties are required to file with the Clerk of Court, serve on opposing counsel by email and submit by email to the Litigation Manager by 4 p.m. one (1) business day before the first day of trial

Judge Kelly Lee Ellerbe

CRITICALCriminal cases

Deadline
5 business days

Supplemental discovery must be provided within five business days of receiving additional information subject to disclosure.

Any supplemental discovery must be supplemented as soon as practicable--- but in any event no later than five (5) business days after receipt of any additional information, documents, reports or other matters which are subject to disclosure pursuant to applicable criminal discovery statutes.

Judge Melynee Leftridge

CRITICALCriminal cases

Service
Email to all parties

Written communications sent to the Court must also be sent to counsel of record in the same format, unless a proper ex parte filing.

All written communications this court shall be sent. in the same format sent to the Court, to counsel of record. unless the matter is a proper ex parte filing.

Judge Melynee Leftridge

CRITICALCriminal cases

Applies to
Expert notice

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

and 7 days before any evidentiary hearing.

Judge Melynee Leftridge

CRITICAL

Applies to
Discovery request

Discovery requests must be served so that responses are due on or before the last day of the discovery period.

All discovery requests must be served early enough such that the responses thereto are due on or before the last day of the discovery period.

Judge Melynee Leftridge

CRITICALCriminal cases

Applies to
Expert notice

Expert notice must be provided at least 14 days before trial.

The notice must be provided at least 14 days before trial

Judge Melynee Leftridge

CRITICALCriminal cases

Applies to
Plea offer

State must provide written plea offer with sentence and reductions at least 10 days before Final Plea.

Not later than ten (10) days before the Final Plea calendar, the State shall provide to Defendant, in writing, the State's Offer to plead guilty, including the offered sentence and any reduction in charges.

Judge Rachel R. Krause

CRITICALCriminal cases

Service
Email

Parties must serve opposing counsel with pre-trial submissions by email.

serve on opposing counsel by email

Judge Rachel R. Krause

CRITICALCriminal cases

Applies to
Exhibit list

Parties must deliver two hard copies of the exhibit list to the Court and one copy to each opposing party before jury selection.

Any party that intends to introduce exhibits during trial shall provide two hard copies of an exhibit list to the Court and one copy to each opposing party prior to jury selection.

Judge Rachel R. Krause

CRITICALCriminal cases

Deadline
10 calendar days

Expert notice must be provided to the opposing party at least ten days before trial and five days before any evidentiary hearing; failure to provide substantive notice may result in exclusion of the expert.

Any party seeking to rely on expert testimony at trial (or any evidentiary hearing) must provide written notice to the opposing party at least ten calendar days before the trial or hearing. The notice must be provided at least ten days before trial and five days before any evidentiary hearing. Failure to provide this substantive notice may result in exclusion of the expert.

Judge Robert C. I. McBurney

CRITICAL

Deadline
30 calendar days
Service
Publication

If service by publication is authorized, Petitioner must publish notice in the County's legal organ within 30 days of entry of the Order for Service by Publication.

If a service by publication is authorized, Petitioner must publish notice in the County's legal organ within thirty days of entry of the Order for Service by Publication and must file with the Clerk's office an affidavit of publication from the legal organ within sixty days of entry of the Order or the case shall stand DISMISSED.

Judge Robert C. I. McBurney

CRITICAL

Applies to
Motion for service by publication
Service
Publication

To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search within 60 days of filing.

To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search (which includes proof of attempted service at Respondent's last known address) within sixty days of filing the case.

Judge Robert C. I. McBurney

CRITICAL

Applies to
Proof of service
Service
Electronic service

Petitioner must e-file proof of service of the initial petition within 90 days of filing or the case is dismissed absent proof of diligence and leave of Court.

Petitioner must e-file proof of service of the initial petition and related filings within ninety days of filing the case or the case shall stand DISMISSED absent proof of diligence in attempting service and leave of - Court.

Judge Robert C. I. McBurney

CRITICALCivil cases

Proof of service of the initial petition must be filed within 60 days of case filing, or dismissal may result unless diligence is shown and court leave granted.

Petitioner/Plaintiff must file proof of service of the initial Petition and related filings within 60 days of filing the case or the case shall stand dismissed, absent proof of diligence in attempting service and leave of Court.

Judge Scott McAfee

CRITICALCriminal cases

Expert notice must be provided at least 14 days before the Final Plea/Trial Calendar Call and 7 days before any evidentiary hearing requiring expert testimony.

The notice must be provided at least 14 days before the Final Plea/Trial Calendar Call and seven days before any evidentiary hearing requiring expert testimony.

Judge Scott McAfee

CRITICALCivil cases

Service
Publication

To obtain an order for service by publication, the plaintiff must file proof of attempted service, a motion for service by publication, and an affidavit of diligent search within 60 days of case filing, or dismissal may result.

To seek an order for service by publication, the Petitioner/Plaintiff must file proof of attempted service on Respondent/Defendant at Respondent's/Defendant's last known address, together with a Motion for Service by Publication and an Affidavit of Diligent Search, within 60 days of filing the case or the case shall stand dismissed.

Judge Scott McAfee

CRITICALCivil cases

Applies to
Notice of publication
Service
Publication

After a service-by-publication order is granted, the plaintiff must file a Notice of Publication directing the clerk to mail the required documents to the defendant within 15 days of the order.

If a Motion for Service by Publication is granted by the Court, Petitioner/Plaintiff must file a Notice of Publication directing the Clerk of Court to mail a copy of the summons, complaint, copy of the Order for Service by Publication, and the notice of publication to Respondent/Defendant at his/her last known address within 15 days of entry of the Order for Service by Publication

Judge Scott McAfee

CRITICALCivil cases

Applies to
Affidavit of publication
Service
Publication

After a service-by-publication order is granted, the plaintiff must file an Affidavit of Publication from the official county organ within 45 days of the order, or the case may be dismissed.

and file with the clerk's office an Affidavit of Publication from the official county organ within 45 days of entry of the Order or the case shall stand dismissed.

Judge Scott McAfee

CRITICALCriminal cases

Service
Email to opposing party

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

the parties are required to file with the Clerk of Court, serve on opposing counsel by email, and submit by email to the Litigation Manager by 4 p.m. two business days before the first day of trial

Judge Scott McAfee

CRITICALCivil cases

Applies to
Discovery request

Discovery requests must be served early enough that responses are due on or before the last day of the discovery period.

All discovery requests must be served early enough so that the responses are due on or before the last day of the discovery period.

Judge Scott McAfee

CRITICALCivil cases

Service
Publication

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

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

Judge Scott McAfee

CRITICALCriminal cases

Service
Email to opposing party

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

serve on opposing counsel by email

Judge Scott McAfee

CRITICALCriminal cases

Applies to
Rebuttal expert notice

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

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

Judge Shukura L. Ingram

CRITICALCriminal cases

Service
Email to opposing party

A notice of discovery deficiency may be served on the opposing party via e-mail, with copies filed with the Clerk and sent to the Litigation Manager.

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

Judge Shukura L. Ingram

CRITICALCriminal cases

Applies to
Expert notice

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

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

Judge Shukura L. Ingram

CRITICALCriminal cases

Applies to
Expert notice

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

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

Judge Shukura L. Ingram

CRITICALCivil cases

Applies to
Pleading
Service
Electronic service

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

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

Judge Shukura L. Ingram

CRITICALCriminal cases

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

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

Judge Thomas A. Cox Jr.

WARNING

Applies to
Motion

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

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

Judge Alice Benton

WARNING

Service
Publication

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

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

Judge Alice Benton

WARNING

Applies to
Conflict letter

All conflict letters must be copied to opposing parties.

All conflict letters must be copied to opposing parties.

Judge Alice Benton

WARNING

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

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

Judge Alice Benton

WARNINGCivil cases

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

The Court typically will not enforce private agreements between the parties to conduct discovery beyond the end of the discovery period, nor will the Court ordinarily compel responses to discovery requests that were not served in time for responses to be made before the discovery period runs.

Judge Alice Benton

WARNING

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

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

Judge Alice Benton

WARNINGCriminal cases

Applies to
Reciprocal discovery notice

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

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

Judge Alice Benton

WARNING

Deadline
24 hours
Applies to
Affidavit in lieu of testimony

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

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

Judge Alice Benton

WARNINGCivil cases

Applies to
Pleadings
Service
Electronic service

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

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

Judge Alice Benton

WARNING

Applies to
Discovery response

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

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

Judge Alice Benton

WARNINGCivil cases

Service
Electronic service

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

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

Judge Alice Benton

WARNINGCivil cases

Service
Electronic service

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

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

Judge Alice Benton

WARNING

Applies to
Financial affidavit

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

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

Judge Alice Benton

WARNINGCivil cases

Service
Electronic service

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

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

Judge Alice Benton

WARNING

Service
Electronic service

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

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

Judge Belinda E. Edwards

WARNINGCriminal cases

Deadline
2 hours
Service
Email

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

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

Judge Charles M. Eaton Jr.

WARNINGCriminal cases

Deadline
3 business days
Applies to
Order
Service
Email to court

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

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

Judge Charles M. Eaton Jr.

WARNING

Deadline
24 hours
Applies to
Affidavit

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

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

Judge Charles M. Eaton Jr.

WARNING

Deadline
5 calendar days

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

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

Judge Charles M. Eaton Jr.

WARNINGCriminal cases

Service
Email to opposing party

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

the parties are required to efile, serve on opposing counsel by email, AND submit by email to Staff Attorney Elizabeth Marum at Elizabeth. Marum@fultoncountyga. gov

Judge Charles M. Eaton Jr.

WARNING

Service
Electronic service

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

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

Judge Craig L. Schwall Sr.

WARNINGCivil cases

Applies to
Discovery request

Discovery requests must be served early enough that responses are due on or before the last day of the discovery period.

All discovery requests must be served early enough so that the responses thereto are due on or before the last day of the discovery period.

Judge Debbie-Ann R. Rickman

WARNINGCivil cases

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

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

Judge Debbie-Ann R. Rickman

WARNINGCriminal cases

Service
Email to opposing party

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

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

Judge Eric Dunaway

WARNINGCriminal cases

Applies to
Pre trial submissions

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

Once a case is called in for trial for a set date (as opposed to the call of the trial calendar), the parties are required to file with the Clerk of Court, serve on opposing counsel and submit by email to Litigation Manager Gorman, by 4 p.m. the business day before the first day of trial: voir dire questions, motions in limine and proposed jury charges.

Judge Eric Dunaway

WARNING

Service
Electronic service

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

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

Judge Kelly Lee Ellerbe

WARNINGCriminal cases

Applies to
Expert witness notice

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

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

Judge Kelly Lee Ellerbe

WARNINGCivil cases

Service
Email

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

Additionally, no later than three (3) days before trial, all exhibits shall be scanned individually into .pdf format and emailed to any retained court reporter with cc's to the Court and all counsel.

Judge Rachel R. Krause

WARNINGCriminal cases

Applies to
Exhibits

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

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

Judge Rachelle Carnesale

WARNINGCriminal cases

Applies to
Motion
Service
Electronic service to opposing party

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

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

Judge Rachelle Carnesale

WARNING

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

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

Judge Robert C. I. McBurney

WARNING

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

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

Judge Robert C. I. McBurney

WARNING

Deadline
24 hours

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

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

Judge Robert C. I. McBurney

WARNINGCriminal cases

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

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

Judge Scott McAfee

WARNINGCriminal cases

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

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

Judge Scott McAfee

WARNINGCriminal cases

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

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

Judge Scott McAfee

WARNINGCriminal cases

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

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

Judge Scott McAfee

WARNINGCivil cases

Service
Electronic service to all parties

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

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

Judge Scott McAfee

WARNINGCriminal cases

Applies to
Motion
Service
Email to opposing party

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

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

Judge Shukura L. Ingram

WARNINGCivil cases

Applies to
Discovery request

Discovery requests must be served early enough that responses are due on or before the last day of the discovery period.

All discovery requests must be served early enough so that the responses thereto are due on or before the last day of the discovery period.

Judge Shukura L. Ingram

WARNINGCivil cases

Applies to
Exhibits

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

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

Judge Thomas A. Cox Jr.

WARNINGCivil cases

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

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

Judge Thomas A. Cox Jr.

WARNINGCriminal cases

Applies to
Scheduling order

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

Judge Thomas A. Cox Jr.

WARNINGCriminal cases

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.

Judge Thomas A. Cox Jr.

WARNINGCriminal cases

Service
Email to opposing party

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,

Judge Thomas A. Cox Jr.

WARNING

Applies to
Discovery request

Discovery requests must be served early enough for responses to be due by the end of the discovery period.

All discovery requests must be served early enough so that the responses thereto are due on or before the last day of the discovery period.

Judge Ural Glanville

WARNING

Applies to
Discovery request

The Court generally will not enforce private agreements to extend discovery beyond the discovery period or compel responses to discovery requests served too late for responses before the period ends.

The Court typically will not enforce private agreements between the parties to conduct discovery beyond the end of the discovery period, nor will the Court ordinarily compel responses to discovery requests that were not served in time for responses to be made before the discovery period runs.

Judge Ural Glanville

WARNING

Applies to
Pleading
Service
Electronic service

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

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

Judge Ural Glanville

INFOCivil cases

Service
Electronic service

Registered users receive e-service of notices of trial and hearings.

Registered users shall receive E-Service of notices of trial and hearings.

Judge Alice Benton

INFOCriminal cases

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

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

Judge Alice Benton

INFOCriminal cases

Applies to
Motion
Service
Email

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

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

Judge Charles M. Eaton Jr.

INFOCivil cases

Applies to
Pleading
Service
Electronic service to all parties

Electronic service of pleadings (except the initial complaint and summons) is legally sufficient for service on parties.

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

Judge Debbie-Ann R. Rickman

INFOCriminal cases

Applies to
Motion
Service
Email to opposing party

Copies of motions may be served on opposing counsel via e-mail.

Copies may be served on opposing counsel via e-mail.

Judge Eric Dunaway

INFO

Service
Electronic service

Electronic service of pleadings, other than the initial Complaint and Summons, is legally sufficient.

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

Judge Melynee Leftridge

INFOCivil cases

Service
Electronic service

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

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

Judge Scott McAfee

INFOCriminal cases

Service
Email

Copies of motions may be served on opposing counsel by email.

Copies may be served on opposing counsel via email.

Judge Thomas A. Cox Jr.
Common questions about Superior Court of Fulton County service and proof of service rules

What service or proof of service rules apply in Superior Court of Fulton County?

Judge Scott McAfee: Proof of service is required for the covered service rule. Details: timing: after filing. Proof of service of the initial petition must be filed within 60 days of case filing, or dismissal may result unless diligence is shown and court leave granted.

View ruleOfficial source Source: page 2, section CASE MANAGEMENT - Service

Judge Melynee Leftridge: Details: timing: 5 business days. Supplemental discovery must be provided within five business days of receiving additional information subject to disclosure.

View ruleOfficial source Source: page 2, section DISCOVERY

Judge Belinda E. Edwards: Service must be perfected within 30 days or the case will be dismissed without prejudice.

View ruleOfficial source Source: page 2, section Case Management

12 more rules answer this question.

What rule applies to serving the opposing party in Superior Court of Fulton County?

Judge Alice Benton: Details: recipient: the opposing party, timing: before hearing. Expert notice must be provided seven days before any evidentiary hearing requiring expert testimony.

View ruleOfficial source Source: page 3, section Experts

Judge Thomas A. Cox Jr.: Details: recipient: the opposing party. Expert notice must be provided at least 14 days before trial and 7 days before any evidentiary hearing.

View ruleOfficial source Source: page 3, section DISCOVERY

Judge Scott McAfee: Details: recipient: the opposing party, timing: before hearing. Expert notice must be provided at least 14 days before the Final Plea/Trial Calendar Call and 7 days before any evidentiary hearing requiring expert testimony.

View ruleOfficial source Source: page 3, section Experts

12 more rules answer this question.

What rule applies to service for plea offer in Superior Court of Fulton County?

Judge Rachel R. Krause: Details: recipient: the opposing party, timing: before hearing. State must provide written plea offer with sentence and reductions at least 10 days before Final Plea.

View ruleOfficial source Source: page 4, section IV. FINAL PLEA

What rule applies to service for motion for service by publication in Superior Court of Fulton County?

Judge Alice Benton: Proof of service is required for the covered service rule. Details: method: service by publication, recipient: the opposing party, timing: after filing. To seek service by publication, Petitioner must file proof of attempted service, a Motion for Service by Publication, and an Affidavit of Diligent Search within 90 days of filing the case or the case stands dismissed.

View ruleOfficial source Source: page 2, section Service

Judge Robert C. I. McBurney: Details: method: service by publication, timing: after filing. To obtain an order for service by publication, Petitioner must e-file a motion for service by publication and an affidavit of diligent search within 60 days of filing.

View ruleOfficial source Source: page 4, section SERVICE

What rule applies to service by email for the opposing party in Superior Court of Fulton County?

Judge Alice Benton: Details: method: service by email, recipient: the opposing party. Parties must serve pre-trial submissions on opposing counsel by email.

View ruleOfficial source Source: page 1, section Pre-Trial Submissions

Judge Craig L. Schwall Sr., Judge Scott McAfee, and Judge Charles M. Eaton Jr.: Details: method: service by email, recipient: the opposing party. Pre-trial submissions must be served on opposing counsel by email.

Judge Shukura L. Ingram: Details: method: service by email, recipient: the opposing party. A notice of discovery deficiency may be served on the opposing party via e-mail, with copies filed with the Clerk and sent to the Litigation Manager.

View ruleOfficial source Source: page 2, section DISCOVERY - 3. Deficiencies

4 more rules answer this question.

What rule applies to service for initial petition in Superior Court of Fulton County?

Judge Alice Benton: Proof of service is required for the covered service rule. Details: recipient: the opposing party, timing: after filing. Petitioner must file proof of service of the initial Petition within 90 days of filing the case or the case stands dismissed, absent proof of diligence and leave of court.

View ruleOfficial source Source: page 2, section Service

1 more rule answers this question.