Judge Scott McAfee
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
Voir Dire Questions
- Email • At Least Two Days Before
Adjournments
- Any request to modify the Case-Specific Scheduling Order must include a proposed Revised Scheduling Order with all proposed deadline extensions and a statement on prior extension requests, sent to the staff attorney by email with all parties copied.
- Parties seeking an extension should explain the unanticipated circumstances necessitating it and provide a timetable for completing the tasks.
- Discovery extension requests must include a proposed Revised Scheduling Order, prior extension history, a description of discovery conducted, the requested extension, a schedule of outstanding discovery, and an explanation of why the original deadline was insufficient.
- +3 more
Request must include
Communication
Chambers
Phone
Court-wideClerk
Page & Word Limits2 rules
Absent advance permission, no party may file a motion or brief in excess of 25 pages (excluding affidavits, deposition extracts, and other relevant exhibits).
- Brief
- Up to 25 pages
Excluded from page count
- •Exhibits
Reply briefs are limited to 15 pages.
- Reply brief
- Up to 15 pages
Document Format Requirements11 rules
Motions, proposed orders, and other submissions must be double-spaced, have margins of at least one inch on all sides, and use type no smaller than 12-point.
- Font size
- 12 points
- Line spacing
- At least double
- Margins
- At least 1 inch
- Motion
- Proposed order
Exception
In block quotations or footnotes
Court's wording
All motions, proposed orders, and other submissions to the Court shall be printed or typed with not less than double-spacing between the lines, except in block quotations or footnotes. Margins shall be no less than one inch at the top, bottom, and sides. The type size shall not be smaller than 12-point font.
(with the proposed order submitted electronically as a Microsoft Word document)
- File type
- Word
All motions, proposed orders, and other submissions to the Court shall be printed or typed with not less than double-spacing between the lines, except in block quotations or footnotes.
- Line spacing
- At least double
- Motion
- Proposed order
Exception
In block quotations or footnotes
The type size shall not be smaller than 12-point font.
- Font size
- 12 points
Margins shall be no less than one inch at the top, bottom, and sides.
- Margins
- At least 1 inch
In addition to filing jury charge requests with the Clerk, the parties shall also email a copy in Word format to Staff Attorney Elizabeth Suh prior to jury selection.
- File type
- Word
- Jury charge request
All exhibits and exhibit lists shall be scanned individually into PDF format and emailed to Staff Attorney Elizabeth Suh, with all counsel copied, no later than two days before trial.
- File type
- Exhibits
- Exhibit list
The parties must submit their proposed verdict forms via email in Word format to Staff Attorney Elizabeth Suh prior to jury selection.
- File type
- Word
- Verdict form
Documents e-mailed for the Court's review (motions and other pleadings) should be sent in .PDF format.
- File type
Documents e-mailed for Judge McAfee's signature (proposed orders, etc.) should be sent in Microsoft Word format.
- File type
- Word
Formatting
- •Proposed orders and similar documents e-mailed for judge signature
All proposed orders should be submitted electronically via email directly to Ms. Suh in Microsoft Word format.
- File type
- Word
- Proposed order
Document Filing Requirements43 rules
Motions to compel discovery must itemize articulable, case-specific instances of non-compliance; non-specific form motions will not be considered.
Court's wording
The parties are ordered not to file "form" motions seeking an order compelling the generalized disclosure of discoverable materials or the general exclusion of evidence. Any such non-specific "form" motions will not be considered by the Court. Should a party need to file a motion to compel discovery, the party shall itemize the articulable and case-specific instances in which the party believes the opposing party has failed to comply with discovery obligations.
Parties relying on expert testimony must provide written notice to the opposing party with a summary of the testimony and the expert's qualifications, at least 14 days before the Final Plea/Trial Calendar Call and seven days before any evidentiary hearing.
Court's wording
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 his or her qualifications to serve as an expert witness. 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.
Motions must be particularized, limited to a single issue, identify the specific item/statement/evidence at issue, and state a theory; generalized 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, 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. Thus, a general motion seeking to suppress all statements or all evidence is insufficient and will be denied. The motion must identify the specific statement or evidence that the movant is seeking to suppress, and must provide a theory of suppression.
Attorneys must file an entry of appearance or notice of substitution of counsel complying with U.S.C.R. 4.2/4.3(3) before appearing.
Court's wording
No attorney shall appear in that capacity before the Court until the attorney has filed an entry of appearance that fully complies with U.S.C.R. 4.2 or a notice of substitution of counsel that fully complies with U.S.C.R. 4.3(3).
Each motion in limine must be a separate document limited to discrete evidentiary or procedural matters; motions raising matters that should have been resolved earlier will be denied as untimely absent good cause.
Court's wording
All motions in limine. Each such motion shall be a separate document. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence. As mentioned above, it is not proper to attempt to raise, as a motion in limine, matters that should have been resolved during the pre-trial motions phase of proceedings, such as a motion to sever, etc. Such a motion cast as a motion in limine will be denied as untimely absent good cause shown.
Counsel shall promptly prepare orders or judgments to be presented to the Court. Proposed orders shall be submitted by email to Litigation Manager Cheryl Vortice and opposing counsel simultaneously and within three business days of the pronouncement of that order or judgment, unless directed otherwise by the Court.
Motions to compel must itemize articulable and case-specific instances of non-compliance; form motions seeking generalized disclosure or exclusion of evidence will not be considered.
Court's wording
The parties are ordered not to file "form" motions seeking an order compelling the generalized disclosure of discoverable materials or the general exclusion of evidence. Any such non-specific "form" motions will not be considered by the Court. Should a party need to file a motion to compel discovery, the party shall itemize the articulable and case-specific instances in which the party believes the opposing party has failed to comply with discovery obligations.
Extension motions must include a detailed fact-based explanation, the time needed, and a proposed order.
- Document
- Motion
Must include
- •Proposed order
Court's wording
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.
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, 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.
No attorney shall appear in that capacity before the Court until the attorney has filed an entry of appearance that fully complies with U.S.C.R. 4.2 or a notice of substitution of counsel that fully complies with U.S.C.R. 4.3(3).
Parties must submit all proposed jury charges; pattern charges by number only, non-pattern or modified pattern charges with full text and supporting authority.
Court's wording
The parties must submit all proposed requests to charge, including the charges of the particular offense(s) alleged in the indictment. For pattern charges, each party is to submit only the pattern charge number and not the text of the charge itself. For 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.
Each motion in limine must be a separate document limited to discrete evidentiary or procedural matters; motions raising matters that should have been resolved earlier will be denied as untimely absent good cause.
Court's wording
All motions in limine. Each such motion shall be a separate document. Such motions should be limited to discrete evidentiary or procedural matters, such as the admissibility of a specific piece of evidence. It is not proper to attempt to raise, as a motion in limine, matters that should have been resolved during the pre-trial motions phase of proceedings, such as a motion to sever, etc. Such a motion cast as a motion in limine will be denied as untimely absent good cause shown.
All stipulations must be made in writing, signed by the parties, and presented to the Court outside the presence of the jury.
Every ministerial motion must be accompanied by a proposed order submitted electronically as a Microsoft Word document.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Every ministerial motion (e.g., motion to exceed page limit, to extend discovery, etc.) must be accompanied by a proposed order (with the proposed order submitted electronically as a Microsoft Word document).
All counsel and pro se parties must include an AI disclosure statement within the certificate of service for any document prepared with AI assistance.
- Document
- Document
- Placement
- Certificate section
Must include
- •AI disclosure
Court's wording
All counsel and pro se parties must disclose the use of artificial intelligence (AI) in any capacity to prepare documents submitted to the Court by including the following disclosure within the certificate of service: "This document was generated with the assistance of [identify AI tool name]. I hereby certify under penalty of perjury that, despite reliance on an AI tool, I have independently reviewed this document to confirm accuracy, legitimacy, and use of good and applicable law."
No party may submit their own individual portions of the pre-trial order to the Court without written certification detailing their good-faith efforts to present the Court with a fully consolidated order.
Amicus briefs require attorney admission and a motion for leave attaching the proposed brief as Exhibit 1, stating the movant's interest, and including a proposed order; unapproved non-party filings will not be docketed.
- Document
- Amicus curiae brief
Must include
- •Proposed order
Court's wording
An amicus curiae brief may be filed only by an attorney admitted to practice before this Court. Consent of the parties is not required. A motion for leave to file an amicus curiae brief may be presented to the Court by email to the Litigation Manager. The motion shall attach the proposed brief as Exhibit 1, shall state the identity and nature of the movant's interest, and shall include a proposed order granting the motion. Any unapproved filings submitted by a non-party shall not be docketed by the Clerk of Court and/or stricken from the record by this Court.
a proper Leave of Absence in accordance with U.S.C.R. 16.1 or 16.2, is timely filed and served upon chambers
a proper conflict letter in accordance with U.S.C.R. 17.1, is timely filed and served upon chambers
Parties must submit a list of all potential witnesses, listing only names and titles/positions; the list is separate from pre-trial discovery requirements.
Court's wording
A list of all potential witnesses. This witness list is for the Court's use during voir dire and need not list anything more than the witnesses' name and any applicable title or position. This list is separate from all pre-trial discovery requirements concerning witnesses, including the disclosure of all requisite identifying information and the content of expert opinions, if any.
A list of potential voir dire questions.
A proposed verdict form.
Parties must submit all proposed jury charges; pattern charges require only the charge number, while non-pattern charges require full text and supporting authority.
Court's wording
The parties must submit all proposed requests to charge, including the charges of the particular offense(s) alleged in the indictment. For pattern charges, each party is to submit only the pattern charge number and not the text of the charge itself. For 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.
The exhibit list should include for each exhibit both the exhibit number and a brief description of what the exhibit purports to be.
This notice must include a meaningful summary of the expert's testimony as well as his or her qualifications to serve as an expert witness.
No party may file additional briefing other than the motion and response without leave of court, which may be requested by email explaining why additional briefing is necessary.
The motion shall attach the proposed brief as Exhibit 1, shall state the identity and nature of the movant's interest, and shall include a proposed order granting the motion.
- Document
- Amicus brief
Must include
- •Proposed order
Any unapproved filings submitted by a non-party shall not be docketed by the Clerk of Court and/or stricken from the record by this Court.
An amicus curiae brief may be filed only by an attorney admitted to practice before this Court.
Parties introducing exhibits must provide an exhibit list (two hard copies to the Court and one to each opposing party) prior to jury selection, listing each exhibit's number and a brief 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.
Boilerplate objections in response to discovery requests are prohibited.
General objections and preamble sections are prohibited; each discovery request must be met with specific, applicable objections.
Court's wording
General objections are also prohibited, i.e., a party shall not include in its response to a discovery request a “Preamble” or “General Objections” section stating that the party objects to the discovery request “to the extent that” it violates 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 — but only those objections that actually apply to that particular request.
Finally, a party which 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 objection(s).
Counsel may not instruct a witness not to answer unless the objection is based on privilege or a court-imposed limitation; questions should be answered over objections.
Court's wording
Counsel shall not instruct a witness not to answer a question unless that counsel has objected to the question on the ground that the answer is protected by a privilege or a limitation on evidence directed by the Court. Therefore, objections lodged during depositions should be noted but questions should be answered over those objections.
Most objections are preserved and need not be made during depositions; defending counsel should limit objections to form and avoid speaking objections.
Court's wording
All objections except those that would be waived if not made at the deposition under O.C.G.A. § 9-11-32(d)(3)(B) and those necessary to assert a privilege or to present a motion pursuant to O.C.G.A. § 9-11-30(d) shall be preserved. Therefore, those objections need not be made during depositions. If counsel defending a deposition feels compelled to make objections during depositions, counsel should limit the objections to only "objection to form." Defending counsel should only elaborate on their objection upon the request of deposing counsel. Defending counsel should avoid speaking objections except in extraordinary circumstances.
Deposing counsel must instruct the witness to ask deposing counsel for clarifications, and the witness must comply.
Court's wording
At the beginning of a deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness' own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the deposition. The witness shall abide by these instructions.
The motion shall attach the proposed brief as Exhibit 1, shall state the identity and nature of the movant's interest, and shall include a proposed order granting the motion.
- Document
- Amicus leave motion
Must include
- •Proposed order
Proposed orders on summary judgment should include detailed findings of facts and conclusions of law, though submission of proposed orders is optional.
Court's wording
When a dispositive motion is ripe for adjudication, the parties are invited to submit proposed orders for review. Proposed orders on motions for summary judgment should include detailed findings of facts and conclusions of law which the Court may adapt as appropriate.
The pre-trial order shall be presented in the form prescribed by Uniform Superior Court Rule 7.2.
Conflict letters must be submitted one week before the trial calendar begins and shall comply fully with Uniform Superior Court Rule 17.1.
4 ===== requesting non-pattern charges shall provide citation to applicable statutory or case authority.
Each party must provide a list of proposed pattern charges by title and number using the current published pattern charges.
Court's wording
Each party shall provide a list identifying the title and number of each proposed pattern charge requested by the party, using the current pattern charges published by the Council of Superior Court Judges.
The witness list need only include each witness's name and title/position; it is separate from pre-trial discovery requirements.
Court's wording
A list of all potential witnesses. This witness list is for the Court's use during voir dire and need not list anything more than the witnesses' name and any applicable title or position. This list is separate from all pre-trial discovery requirements concerning witnesses, including the disclosure of all requisite identifying information and the content of expert opinions, if any.
Filing & Service rules
Electronic Filing Rules
Pre-trial submissions must be filed with the Clerk of Court.
file with the Clerk of Court
Criminal cases
Page 1 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Transcripts and exhibits must be e-filed; all exhibits must be scanned individually and emailed to the court reporter because of eFileGa size limits.
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.
Criminal cases
Page 5 | Digital Submission of Exhibits
All bond motions must be filed with the Office of the Clerk of the Superior Court.
All bond motions must be filed with the Office of the Clerk of the Superior Court.
Criminal cases
Page 2 | Plea and Arraignment
All motions must be filed with the Office of the Clerk of the Superior Court.
All motions must be filed with the Office of the Clerk of the Superior Court.
Criminal cases
Page 5 | Filing, Courtesy, and Service Copies
Pre-trial submissions must be filed with the Clerk of Court 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 by 4 p.m. two business days before the first day of trial
Criminal cases
Page 9 | TRIAL DATE AND PRE-TRIAL PROCEDURE
E-filing is mandatory for civil cases in Fulton County Superior Court, and all attorneys and pro se litigants must register with the court's e-filing system.
E-filing is mandatory for civil cases filed in Fulton County Superior Court. Every attorney of record and every pro se litigant must register with the Court's e-filing system.
Civil cases
Page 1 | E-FILING
Oversized or non-paper exhibits may be submitted as digital photographs marked with an exhibit sticker; if no photograph is submitted, a paper description is inserted in its place.
For oversized or non-paper exhibits, such as guns, poster boards, etc., you may submit a digital photograph of the object marked with an exhibit sticker. If no photograph is submitted, then a piece of paper describing the exhibit will be inserted by the court reporter in its place as the exhibit attached to the transcript.
Criminal cases
Page 5 | Digital Submission of Exhibits
All exhibits must be scanned individually and emailed to the court reporter; oversized or non-paper exhibits may be submitted as digital photographs.
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. If no photograph is submitted, then a piece of paper describing the exhibit will be inserted by the court reporter in its place as the exhibit attached to the transcript.
Criminal cases
Page 12 | CONDUCT DURING TRIAL
Electronic copies of pleadings are preferred.
Electronic copies of pleadings are preferred.
Civil cases
Page 7 | MOTIONS - Deadlines
Filing Timing and Cure Windows
All motions are due by the Motions Due Date in the CSSO; late motions are untimely and will not be considered unless just cause is shown.
The due date for all motions is the specific Motions Due Date deadline as set forth in the separate CSSO entered in each defendant's case (unless reset due to a continued Case Management/Pretrial Conference). 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 5 | MOTIONS
Pre-trial submissions are due by 4 p.m. two business days before the first day of trial.
the parties are required to file with the Clerk of Court, serve on opposing counsel by email, and submit by email to Litigation Manager Cheryl Vortice (cheryl.vortice@fultoncountyga.gov), by 4 p.m. two business days before the first day of trial
Criminal cases
Page 1 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Supplemental discovery must be provided no later than five business days after receipt of additional disclosable information.
Any supplemental discovery must be supplemented as soon as practicable, but in any event no later than five business days after receipt of any additional information, documents, reports, or other matters which are subject to disclosure pursuant to applicable criminal discovery statutes.
Criminal cases
Page 2 | Discovery
Bond motions will not be heard at arraignment unless filed no later than 48 hours before the arraignment date.
Motions for bond will not be heard at arraignment unless filed no later than 48 hours prior to the arraignment date.
Criminal cases
Page 2 | Plea and Arraignment
A Waiver of Arraignment must be filed no later than 48 hours before the arraignment hearing unless expressly excused by the Court.
Unless expressly excused by the Court, no later than 48 hours prior to the hearing date, counsel may file a Waiver of Arraignment indicating that the defendant is entering a plea of Not Guilty and waiving formal arraignment.
Criminal cases
Page 2 | Plea and Arraignment
Bond motions filed before the charging document is docketed must be refiled or they will be deemed withdrawn.
Any bond motions filed prior to the docketing of the charging document (indictment/accusation) must be refiled or will be deemed withdrawn.
Criminal cases
Page 2 | Plea and Arraignment
All motions are due by the Motions Due Date in the CSSO; late motions will not be considered absent just cause.
The due date for all motions is the specific Motions Due Date deadline as set forth in the separate CSSO entered in each defendant's case (unless reset due to a continued Case Management/Pretrial Conference). 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
Opposing parties may file a response within 30 days of the initial motion for non-evidentiary motions.
For motions which do not rely on the introduction of evidence through proffer or formal hearing, opposing parties may file a response within 30 days of the initial motion.
Criminal cases
Page 5 | Briefing
Motion filing deadlines apply to specified motions and notices, exempt motions in limine involving discrete evidentiary issues, and bar untimely motions improperly cast as motions in limine after the Motions Due Date absent just cause.
The motion filing requirements and deadlines apply to all motions and notices, including but not limited to: immunity motions under O.C.G.A. § 26-3-24, demurrers, pleas in bar or abatement, State's notice of O.C.G.A. §§ 24-4-404(b), 24-4-413, and 24-4-414 evidence, State's 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, and defendant's notice of intent to introduce evidence of specific acts of violence by victim against third parties. These deadlines do not apply to motions in limine involving discrete evidentiary issues, the significance of which is not readily apparent until focused trial preparation. 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 of just cause.
Criminal cases
Page 5 | Application
If approved, movants may file a reply within 15 days of the response.
If approved, movants may file a reply within 15 days of the response.
Criminal cases
Page 6 | Briefing
Pleas may be entered at any time before the Final Plea Date, which is the last opportunity to present a non-negotiated plea; the right of withdrawal must be exercised on the record in open Court and expires when the Court adjourns for that day.
Negotiated or non-negotiated pleas may be entered at any time prior to the Final Plea Date. The parties are directed to contact the Litigation Manager to schedule a date for entry of a plea prior to the Final Plea Hearing. The Final Plea Date is the last opportunity to present a non-negotiated plea which can then be withdrawn at the option of the defendant at the time of sentence pronouncement. This right of withdrawal must be exercised on the record in open Court and expires when the Court adjourns for that day.
Criminal cases
Page 7 | Entering Guilty Pleas
Pre-trial submissions must be filed, served, and emailed by 4 p.m. two business days before trial, or by the time parties are ordered to appear if notice is less than one business day.
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 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)
Criminal cases
Page 9 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Proposed orders must be emailed to the Litigation Manager and opposing counsel within three business days of the order's pronouncement.
Proposed orders shall be submitted by email to the Litigation Manger and opposing counsel simultaneously and within three business days of the pronouncement of that order or judgment, unless directed otherwise by the Court.
Criminal cases
Page 14 | MISCELLANEOUS
Plaintiffs must disclose expert names and opinions three months before discovery closes; defendants two months before.
Unless otherwise established in the written Scheduling Order, Petitioner(s)/Plaintiff(s) shall disclose the names and opinions of all experts three months before discovery closes. Respondent(s)/Defendant(s) shall disclose the names and opinions of all experts two months before discovery closes.
Civil cases
Page 5 | Experts
Dispositive motions must be filed within 30 days after the close of discovery unless the Scheduling Order provides otherwise.
Unless otherwise established in the written Scheduling Order, dispositive motions must be filed within 30 days after the close of discovery.
Civil cases
Page 7 | MOTIONS - Deadlines
Movants may file a reply within 15 days of the response.
Movants are permitted to file a reply within 15 days of the response.
Civil cases
Page 7 | MOTIONS - Deadlines
Conflict letters must be submitted one week before the trial calendar begins.
Conflict letters must be submitted one week before the trial calendar begins
Civil cases
Page 2 | CONFLICTS
Written motions in limine must be filed and emailed to Staff Attorney Elizabeth Suh, with all counsel copied, no later than seven days before the trial calendar begins.
Written motions in limine must be filed and emailed to Staff Attorney Elizabeth Suh, with all counsel copied, no later than seven days before the beginning of the trial calendar.
Civil cases
Page 2 | 1. Motions in Limine
Bond motions will not be heard at arraignment unless filed no later than 48 hours before the arraignment date.
Motions for bond will not be heard at arraignment unless filed no later than 48 hours prior to the arraignment date.
Criminal cases
Page 2 | PLEA AND ARRAIGNMENT
Unless expressly excused by the Court, no later than 48 hours prior to the hearing date, counsel may file a Waiver of Arraignment indicating that the defendant is entering a plea of Not Guilty and waiving formal arraignment.
Unless expressly excused by the Court, no later than 48 hours prior to the hearing date, counsel may file a Waiver of Arraignment indicating that the defendant is entering a plea of Not Guilty and waiving formal arraignment.
Criminal cases
Page 2 | PLEA AND ARRAIGNMENT
Bond motions filed before the charging document is docketed must be refiled or they will be deemed withdrawn.
Any bond motions filed prior to the docketing of the charging document (indictment/accusation) must be refiled or will be deemed withdrawn.
Criminal cases
Page 2 | PLEA AND ARRAIGNMENT
The courtesy copy requirement ensures a hearing on a bond motion within 10 days under O.C.G.A. § 17-6-1(d).
Parties filing bond motions are required to deliver a courtesy copy to opposing counsel and to the Litigation Manager to ensure a hearing within 10 days. O.C.G.A. § 17-6-1(d).
Criminal cases
Page 2 | PLEA AND ARRAIGNMENT
Motions to compel discovery may be filed after the Discovery Date deadline and no later than the Motions Due Date.
Such motion may be filed any time after the Discovery Date deadline has passed and no later than the Motions Due Date which is identified in the separate CSSO entered in each defendant's case.
Criminal cases
Page 3 | DISCOVERY
Supplemental discovery must be provided no later than five business days after receipt of additional disclosable information.
Any supplemental discovery must be supplemented as soon as practicable, but in any event no later than five business days after receipt of any additional information, documents, reports, or other matters which are subject to disclosure pursuant to applicable criminal discovery statutes.
Criminal cases
Page 3 | DISCOVERY
Filing deadlines apply to enumerated motions; true motions in limine on discrete evidentiary issues are exempt, but motions improperly cast as in limine are barred after the deadline absent just cause.
The motion filing requirements and deadlines apply to all motions and notices, including but not limited to: immunity motions under O.C.G.A. § 26-3-24, demurrers, pleas in bar or abatement, State's notice of O.C.G.A. §§ 24-4-404(b), 24-4-413, and 24-4-414 evidence, State's 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, and defendant's notice of intent to introduce evidence of specific acts of violence by victim against third parties. These deadlines do not apply to motions in limine involving discrete evidentiary issues, the significance of which is not readily apparent until focused trial preparation. 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 of just cause.
Criminal cases
Page 5 | MOTIONS
Motions to compel may be filed any time after the Discovery Date deadline 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 3 | Compelling Discovery
The Court generally will not enforce private agreements for discovery beyond the discovery period, compel responses to untimely-served requests, or mandate post-close preservation depositions over objection.
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. Similarly, the Court typically will not mandate depositions for the preservation of testimony after the close of discovery if an objection is raised by the opposing party.
Civil cases
Page 4 | DISCOVERY - 1. Deadlines
Non-plaintiff parties must provide their pre-trial order portions to the Plaintiff/Petitioner no later than two days before the due date.
All other parties shall provide their portions of the consolidated pre-trial order to the Plaintiff/Petitioner no later than two days prior to the due date.
Civil cases
Page 1 | CONSOLIDATED PRE-TRIAL ORDERS
Each new case is set for a Plea and Arraignment hearing generally no later than one month after the indictment or accusation is filed.
Each new case assigned to this division will be set for a Plea and Arraignment hearing, which will generally occur no later than one month following the filing of the indictment or accusation.
Criminal cases
Page 2 | PLEA AND ARRAIGNMENT
The Court publishes a Motions Hearing Calendar before the Final Plea/Trial Calendar Call; cases with no timely filed hearing-requiring motions are omitted.
The Court will publish a calendar for the Motions Hearing Date identified in the separate CSSO entered in each defendant's case, which will be held prior to the time set for the Final Plea/Trial Calendar Call. If no motions which require a hearing are timely filed, the case will not appear on the Motions Hearing Calendar.
Criminal cases
Page 6 | MOTIONS
Service and Proof of Service Rules
Pre-trial submissions must be served on opposing counsel by email.
serve on opposing counsel by email
Criminal cases
Page 1 | TRIAL DATE AND PRE-TRIAL PROCEDURE
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.
Criminal cases
Page 3 | Experts
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
Criminal cases
Page 9 | TRIAL DATE AND PRE-TRIAL PROCEDURE
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.
Civil cases
Page 2 | CASE MANAGEMENT - Service
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.
Civil cases
Page 2 | CASE MANAGEMENT - Service
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
Civil cases
Page 2 | CASE MANAGEMENT - Service
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.
Civil cases
Page 2 | CASE MANAGEMENT - Service
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
Civil cases
Page 2 | CASE MANAGEMENT - Service
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.
Civil cases
Page 4 | DISCOVERY - 1. Deadlines
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).
Criminal cases
Page 2 | PLEA AND ARRAIGNMENT
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.
Criminal cases
Page 2 | PLEA AND ARRAIGNMENT
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.
Criminal cases
Page 2 | Plea and Arraignment
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.
Criminal cases
Page 8 | APPEARANCE AT ALL CALENDARS AND HEARINGS
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.
Civil cases
Page 1 | TRIAL DATES AND NOTICE
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.
Civil cases
Page 1 | E-FILING
Courtesy Copy Requirements
Parties filing bond motions must deliver a courtesy copy to opposing counsel and the Litigation Manager to ensure a hearing within 10 days.
Parties filing bond motions are required to deliver a courtesy copy to opposing counsel and to the Litigation Manager to ensure a hearing within 10 days.
Criminal cases
Page 2 | PLEA AND ARRAIGNMENT
A courtesy copy of any motion for extension must be emailed to the Litigation Manager for Judge McAfee's Chambers.
As with all motions, a courtesy copy of any motion for extension must be provided to Judge McAfee's Chambers via email to the Litigation Manager.
Criminal cases
Page 3 | DISCOVERY
Parties filing motions must email courtesy copies to opposing counsel and to chambers (Litigation Manager) the same day the motions are filed.
Parties filing motions are required to deliver a courtesy copy to opposing counsel and to 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.
Criminal cases
Page 5 | MOTIONS
Parties introducing exhibits must provide two hard copies of the exhibit list to the Court and one copy to each opposing party prior to jury selection.
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.
Criminal cases
Page 5 | Exhibits
Parties filing bond motions must deliver a courtesy copy to opposing counsel and the Litigation Manager to ensure a hearing within 10 days.
Parties filing bond motions are required to deliver a courtesy copy to opposing counsel and to the Litigation Manager to ensure a hearing within 10 days.
Criminal cases
Page 2 | Plea and Arraignment
Courtesy copies of all motions, including extension motions, must be emailed to Judge McAfee's Chambers via the Litigation Manager.
As with all motions, a courtesy copy of any motion for extension must be provided to Judge McAfee's Chambers via email to the Litigation Manager.
Criminal cases
Page 3 | Extensions
Parties filing motions must deliver courtesy copies to opposing counsel and chambers via email, received the same day the motions are filed.
Parties filing motions are required to deliver a courtesy copy to opposing counsel and to 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.
Criminal cases
Page 5 | Filing, Courtesy, and Service Copies
Movants must provide courtesy copies of motions and related filings to the Court.
Movants must provide courtesy copies of motions and related filings to the Court.
Civil cases
Page 7 | MOTIONS - Deadlines
Parties must submit proposed voir dire questions to Staff Attorney Elizabeth Suh, emailed to all opposing parties, at least two days before the trial calendar begins.
Parties must submit to Staff Attorney Elizabeth Suh 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.
Civil cases
Page 2 | 2. Voir Dire
Pre-Motion Conference Requirements
As a general practice, non-evidentiary motions will be decided upon the written submissions of the parties, however, the Court may request oral argument sua sponte or allow it upon good cause shown. For motions which do not rely on the introduction of evidence through proffer or formal hearing, opposing parties may file a response within 30 days of the initial motion. No party may file additional briefing other than the motion and response without leave of court, which may be requested by email explaining why additional briefing is necessary. If approved, movants may file a reply within 15 days of the response. These filing deadlines may be shortened or extended at the discretion of the Court.
As a general practice, non-evidentiary motions will be decided upon the written submissions of the parties, however, the Court may request oral argument sua sponte or allow it upon good cause shown. For motions which do not rely on the introduction of evidence through proffer or formal hearing, opposing parties may file a response within 30 days of the initial motion. No party may file additional briefing other than the motion and response without leave of court, which may be requested by email explaining why additional briefing is necessary. If approved, movants may file a reply within 15 days of the response. These filing deadlines may be shortened or extended at the discretion of the Court.
Criminal cases
Page 6 | MOTIONS
Parties must discuss discovery disputes informally before filing motions to compel or for protective orders; a letter/email demonstrating compliance with Rule 6.4 is required.
Direct, informal communication is encouraged between the parties to address potential discovery disputes before they become actual discovery disputes. If that fails, an aggrieved party must notify the Court of the discovery dispute by submitting a letter/e-mail demonstrating compliance with Uniform Superior Court Rule 6.4 and providing sufficient information and/or documentation. No party may file a motion to compel or a motion for a protective order without first having discussed the issue with opposing parties. This stricture applies to disputes with non-parties as well. Motions to compel that do not comply with Rule 6.4 will be denied.
Civil cases
Page 5 | Disputes
The Court may sua sponte appoint a Special Master for frequent discovery disputes, with costs apportioned among parties.
The Court will sua sponte appoint a Special Master pursuant to U.S.C.R. 46 in any case where it appears discovery disputes have been or will be frequent and reoccurring. Such a special master will be directed to promptly address and provide guidance for any motions to compel, motions for contempt, and any other discovery disputes, with costs to be apportioned among the parties.
Civil cases
Page 6 | Disputes
Parties are encouraged, but not required, to contact chambers and request a pre-trial conference in advance of trial to resolve motions in limine.
Parties are encouraged to contact chambers and request a pre-trial conference in advance of trial to resolve motions in limine.
Civil cases
Page 2 | 1. Motions in Limine
Adjournment & Extension Requirements
Requests to extend the Discovery Date deadline must be made by written motion filed by the deadline, with 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
The Final Plea and Trial Calendar Call date may not be reset without good cause and an express court order.
The Final Plea and Trial Calendar Call date(s) shall not be reset absent good cause shown and express order of this Court.
Criminal cases
Page 7 | FINAL PLEA AND TRIAL CALENDAR CALL - 1. General
Parties seeking a continuance must submit a written request at least seven days before the Final Plea/Trial Date, identifying the grounds, absent good cause.
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 psychological evaluation, or otherwise, that party must notify the court by written request for a continuance and/or a status conference at least seven days before the Final Plea/Trial Date absent good cause shown. The written request must specifically identify the grounds for the continuance, conference, or other problems with going forward with trial.
Criminal cases
Page 8 | FINAL PLEA AND TRIAL CALENDAR CALL - 5. Continuance/Request for Status Conference
No exceptions, extensions, or waivers are allowed absent express permission from the Court.
Absent express permission from the Court, no exceptions, extensions, or waivers to the requirements set forth herein are allowed.
Criminal cases
Page 1 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Extension requests for the Discovery Date deadline must be submitted by written motion by the Discovery Date deadline.
Any request for an extension of the Discovery Date deadline shall be submitted by written motion to the Court by the Discovery Date deadline.
Criminal cases
Page 3 | Extensions
A party seeking a continuance or status conference must notify the court by written request in advance of the Final Plea/Trial Date, and the request must specifically identify the grounds.
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 psychological evaluation, or otherwise, that party must notify the court by written request for a continuance and/or a status conference in advance of the Final Plea/Trial Date. The written request must specifically identify the grounds for the continuance, conference, or other problems with going forward with trial.
Criminal cases
Page 7 | Continuance/Request for Status Conference
The Court will entertain a continuance of sentencing on good cause shown by either party.
However, on good cause shown by either party, the Court will entertain a continuance.
Criminal cases
Page 13 | SENTENCING HEARINGS
Substitution of counsel shortly before trial is not adequate grounds for a continuance.
Substitution of counsel shortly before trial will not be adequate grounds for a continuance.
Criminal cases
Page 14 | MISCELLANEOUS
Discovery extension requests must include a proposed Revised Scheduling Order, prior extension history, a description of discovery conducted, the requested extension, a schedule of outstanding discovery, and an explanation of why the original deadline was insufficient.
In the event an extension to the discovery deadline(s) established in the CSSO is requested, the moving party shall submit a proposed Revised Scheduling Order, which must include all proposed deadline extensions as well as a statement indicating whether the Court has previously granted extension requests. All requests for discovery extensions shall include a basic description of discovery conducted thus far, the requested deadline extension, a specific schedule of outstanding discovery to be completed during the requested extension, and an explanation as to why the deadline(s) set in the original CSSO was insufficient.
Civil cases
Page 4 | DISCOVERY - 1. Deadlines
Outstanding forensic testing must be raised through a timely extension request filed before the Discovery Deadline.
Any outstanding forensic testing requested by either party must be brought to the Court's attention by way of a timely request for extension filed prior to the Discovery Deadline to prevent delays in the trial and other Court dates and deadlines.
Criminal cases
Page 3 | DISCOVERY
If the Case Management/Pretrial Conference is continued, discovery is due one week before and motions two days before the rescheduled conference.
If the Case Management/Pretrial Conference is continued after proper motion by a party, the specific Discovery and Motions deadlines shall automatically reset as follows: All discovery shall be due by the State one week before, and all motions shall be filed two days before, the date of the rescheduled Case Management/Pretrial Conference.
Criminal cases
Page 4 | CASE MANAGEMENT/PRETRIAL CONFERENCE
Substitution of counsel shortly before trial will not be adequate grounds for a continuance.
Substitution of counsel shortly before trial will not be adequate grounds for a continuance. See also U.S.C.R. 4.3(3) (“substitution shall not delay any proceeding”).
Criminal cases
Page 9 | MISCELLANEOUS
Outstanding forensic testing must be brought to the Court's attention via a timely extension request filed before the Discovery Deadline.
Any outstanding forensic testing requested by either party must be brought to the Court's attention by way of a timely request for extension filed prior to the Discovery Deadline to prevent delays in the trial and other Court dates and deadlines.
Criminal cases
Page 3 | Extensions
If the Case Management/Pretrial Conference is continued, discovery is due one week before and motions two days before the rescheduled conference.
If the Case Management/Pretrial Conference is continued after proper motion by a party, the specific Discovery and Motions deadlines shall automatically reset as follows: All discovery shall be due by the State one week before, and all motions shall be filed two days before, the date of the rescheduled Case Management/Pretrial Conference.
Criminal cases
Page 4 | Case Management/Pretrial Conference
The Final Plea and Trial Calendar Call date(s) shall not be reset absent good cause shown and express order of the Court.
The Final Plea and Trial Calendar Call date(s) shall not be reset absent good cause shown and express order of this Court.
Criminal cases
Page 6 | Final Plea and Trial Calendar Call
Any request to modify the Case-Specific Scheduling Order must include a proposed Revised Scheduling Order with all proposed deadline extensions and a statement on prior extension requests, sent to the staff attorney by email with all parties copied.
In the event a modification to the CSSO is requested, the moving party shall submit a proposed Revised Scheduling Order, including all proposed deadline extensions and a statement indicating whether the Court has previously granted extension requests, to Ms. Suh via email, with all parties copied.
Civil cases
Page 2 | CASE MANAGEMENT - Scheduling
Parties seeking an extension should explain the unanticipated circumstances necessitating it and provide a timetable for completing the tasks.
Parties seeking an extension should explain with specificity the unanticipated or unforeseen circumstances necessitating the extension and should set forth a timetable for the completion of the task(s) for which the extension is sought.
Civil cases
Page 3 | 3. Extensions of Time
Participation in ADR will not justify extending any established deadline absent prior Court approval.
Absent prior approval of the Court, participation in ADR will not justify the extension of any deadline previously established in a case.
Civil cases
Page 4 | 5. Mediation/Alternative Dispute Resolution (ADR)
Sentencing generally proceeds immediately after conviction, but a continuance will be entertained on good cause shown by either party.
The Court anticipates proceeding with presentencing hearings and sentencing immediately after any conviction. However, on good cause shown by either party, the Court will entertain a continuance.
Criminal cases
Page 6 | Sentencing Hearings
Either party may move for additional time for good cause based on a particularized showing.
Either party may move for additional time for good cause based upon a particularized showing.
Criminal cases
Page 11 | Voir Dire
Extensions for submitting proposed pre-trial orders are granted only for good cause.
Extensions for submitting proposed pre-trial orders will be granted only for good cause.
Civil cases
Page 1 | CONSOLIDATED PRE-TRIAL ORDERS
Either party may move for additional jury-questioning time for good cause based upon a particularized showing.
Either party may move for additional time for good cause based upon a particularized showing.
Civil cases
Page 2 | 2. Voir Dire
Chambers Communication Rules
Communications with Chambers must be in writing, emailed to the Litigation Manager, and copied to all counsel unless it is a proper ex parte filing.
While the Court encourages counsel to communicate with Chambers, such communication shall be in writing and emailed to Litigation Manager Cheryl Vortice (cheryl.vortice@fultoncountyga.gov) with copies of such communication also provided to all counsel of record unless the matter is a proper ex parte filing.
Criminal cases
Page 1 | COMMUNICATING WITH THE COURT
Attorneys must provide an email address at entry of appearance, either through the filing or by emailing the Litigation Manager.
At the entry of appearance of counsel, attorneys are required to provide an email address through the filing or by subsequently emailing the Litigation Manager.
Criminal cases
Page 1 | COMMUNICATING WITH THE COURT
Pre-trial submissions must be submitted by email to Litigation Manager Cheryl Vortice.
submit by email to Litigation Manager Cheryl Vortice (cheryl.vortice@fultoncountyga.gov)
Criminal cases
Page 1 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Communications with chambers must be in writing, emailed to the Litigation Manager, and copied to all counsel of record unless the matter is a proper ex parte filing.
While the Court encourages counsel to communicate with chambers, such communication shall be in writing and emailed to Litigation Manager Cheryl Vortice (cheryl.vortice@fultoncountyga.gov) with copies of such communication also provided to all counsel of record unless the matter is a proper ex parte filing.
Criminal cases
Page 1 | Communicating with the Court
Attorneys must provide an email address at entry of appearance, either through the filing or by emailing the Litigation Manager.
At the entry of appearance of counsel, attorneys are required to provide an email address through the filing or by subsequently emailing the Litigation Manager.
Criminal cases
Page 1 | Communicating with the Court
All case-related questions and discussions must be submitted by email with a copy to opposing counsel, except for appropriate ex parte communications.
To avoid inappropriate ex parte communications, submit all questions, explanations, or discussions concerning your case by email, with a copy to opposing counsel. Appropriate ex parte communications are excepted from this rule.
Criminal cases
Page 1 | Communicating with the Court
The Court must be notified immediately of any problem or dispute that could delay the case or cause a missed deadline.
The Court shall be notified 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 case or cause a party to miss a deadline.
Civil cases
Page 3 | 3. Extensions of Time
Additional briefing requires leave of court, which may be requested by email explaining why additional briefing is necessary.
No party may file additional briefing without leave of court, which may be requested by email explaining why additional briefing is necessary.
Civil cases
Page 7 | MOTIONS - Deadlines
Parties must email a fully consolidated pre-trial order to Senior Staff Attorney Elizabeth Suh by the scheduling order deadline.
No later than the dates set in the operative scheduling order, the parties shall submit, by email, a fully consolidated pre-trial order directly to the Court's Senior Staff Attorney Elizabeth Suh (elizabeth.suh@fultoncountyga.gov).
Civil cases
Page 1 | CONSOLIDATED PRE-TRIAL ORDERS
Exhibits and exhibit lists must be emailed to Staff Attorney Elizabeth Suh, with all counsel copied, no later than two days before trial.
All exhibits and exhibit lists shall be scanned individually into PDF format and emailed to Staff Attorney Elizabeth Suh, with all counsel copied, no later than two days before trial.
Civil cases
Page 3 | 5. Exhibits
If parties cannot agree on deposition testimony portions, the objecting party must provide a page/line list and relevant text to Staff Attorney Elizabeth Suh no later than two days before trial.
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 page and line numbers at issues and provide the list, along with the relevant text from the deposition, to Staff Attorney Elizabeth Suh no later than two days before the beginning of the trial calendar.
Civil cases
Page 3 | 6. Depositions Used at Trial
A copy of jury charge requests must be emailed to Staff Attorney Elizabeth Suh prior to jury selection.
In addition to filing jury charge requests with the Clerk, the parties shall also email a copy in Word format to Staff Attorney Elizabeth Suh prior to jury selection.
Civil cases
Page 3 | 7. Jury Charges
Proposed verdict forms must be emailed to Staff Attorney Elizabeth Suh prior to jury selection.
The parties must submit their proposed verdict forms via email in Word format to Staff Attorney Elizabeth Suh prior to jury selection.
Civil cases
Page 4 | 8. Verdict Form
Parties needing a trial interpreter must notify Staff Attorney Elizabeth Suh at least five days before trial, specifying the required language skills.
Under Uniform Superior Court Rule 7.3, any party needing an interpreter for a trial witness must notify Staff Attorney Elizabeth Suh at least five days before trial that an interpreter is needed and the specific language skills required.
Civil cases
Page 4 | 11. Interpreter
The interpreter request form must be completed and submitted via email to SCA.Interpreters@fultoncountyga.gov at least five days before trial.
At least five days before trial, the party requesting the interpreter must also complete the request form available at https://interpreter.fultonsuperiorcourtga.gov/ and submit the form via email to SCA.Interpreters@fultoncountyga.gov.
Civil cases
Page 4 | 11. Interpreter
Attorneys who do not personally monitor email must arrange for it to be forwarded to someone responsible for checking and relaying 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 | COMMUNICATING WITH THE COURT
Counsel must submit all case-related questions and discussions by email with a copy to opposing counsel, except for appropriate ex parte communications.
To avoid inappropriate ex parte communications, submit all questions, explanations, or discussions concerning your case by email, with a copy to opposing counsel. Appropriate ex parte communications are excepted from this rule.
Criminal cases
Page 1 | COMMUNICATING WITH THE COURT
Counsel should avoid telephoning Chambers except in exceptional circumstances.
To prevent miscommunications and inappropriate ex parte communications, avoid telephoning chambers except in exceptional circumstances.
Criminal cases
Page 1 | COMMUNICATING WITH THE COURT
Leave to file additional briefing may be requested by email explaining why additional briefing is necessary.
No party may file additional briefing other than the motion and response without leave of court, which may be requested by email explaining why additional briefing is necessary.
Criminal cases
Page 6 | MOTIONS
The Court provides notice of trial start in open court and/or by email to counsel of record; cases are typically called in listed order but may be called in any order upon two-hour notice.
the Court. The parties will be provided notice when to appear for the start of trial in open court and/or by email to counsel of record. Typically, the Court will call the cases appearing on the Trial Calendar in the listed order, but the Court reserves the right to call cases in any order upon
Criminal cases
Page 1 | TRIAL DATE AND PRE-TRIAL PROCEDURE
Court interpreter requests must be emailed to Litigation Manager Cheryl Vortice at least five business days before the hearing.
The request for an interpreter must be submitted in writing via email to the Litigation Manager Cheryl Vortice no later than five business days prior to the hearing date.
Criminal cases
Page 6 | Request for Court Services - Court Interpreter
Court production order requests must be submitted in writing to Litigation Manager Cheryl Vortice and received at least 30 business days before the scheduled court appearance.
Parties must submit their request in writing to Litigation Manager Cheryl Vortice, and the production request must be received no later than 30 business days before the scheduled court appearance.
Criminal cases
Page 6 | Request for Court Services - Court Production Order
Counsel must become familiar with courtroom evidence presentation technology before using it and may request access or training from the Judicial Assistant by email ahead of a scheduled hearing.
Counsel shall familiarize themselves with the evidence presentation technology prior to its use during a proceeding. Counsel are encouraged to request access to and/or training on the equipment prior to a scheduled hearing by emailing the Court's Judicial Assistant Boyd Derreberry at (boyd.derreberry@fultoncountyga.gov).
Criminal cases
Page 7 | Courtroom Evidence Presentation
Attorneys who do not personally check their email must arrange for someone in their office to monitor and relay 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 | Communicating with the Court
Counsel should avoid telephoning chambers except in exceptional circumstances.
To prevent miscommunications and inappropriate ex parte communications, avoid telephoning chambers except in exceptional circumstances.
Criminal cases
Page 1 | Communicating with the Court
When communicating with the Court, parties are reminded to ensure that the opposing parties and counsel, as appropriate, are copied on all communications.
When communicating with the Court, parties are reminded to ensure that the opposing parties and counsel, as appropriate, are copied on all communications.
Civil cases
Page 1 | CONTACTING THE COURT
Opposing counsel should be consulted before noticing a deposition, absent extraordinary circumstances.
Absent extraordinary circumstances, opposing counsel (or pro se litigants) should be consulted before a deposition is noticed.
Civil cases
Page 6 | Depositions
A motion for leave to file an amicus curiae brief may be presented to the Court by email to the Staff Attorney.
A motion for leave to file an amicus curiae brief may be presented to the Court by email to the Staff Attorney.
Civil cases
Page 8 | MOTIONS - Amicus Briefs/Non-Party Filings
A party seeking oral argument on summary judgment must comply with Uniform Superior Court Rule 6.3, file a separate pleading to that effect, and e-mail that pleading to Ms. Suh.
A party seeking oral argument on a motion for summary judgment must comply with Uniform Superior Court Rule 6.3 and file a separate pleading to that effect. That Rule 6.3 pleading must also be e-mailed to Ms. Suh.
Civil cases
Page 8 | MOTIONS - Hearings
All proposed orders should be submitted electronically via email directly to Ms. Suh in Microsoft Word format.
All proposed orders should be submitted electronically via email directly to Ms. Suh in Microsoft Word format.
Civil cases
Page 9 | 6. Proposed orders
Upon receiving the trial calendar, parties must contact Staff Attorney Elizabeth Suh with case status, estimated trial length, and settlement possibilities.
Upon receipt of the calendar, the parties are ordered to contact Staff Attorney Elizabeth Suh with the status of the case, the estimated length of trial, and the possibilities for settlement.
Civil cases
Page 1 | TRIAL DATES AND NOTICE
A party filing a motion in limine must alert the Court at filing if the motion may materially impact trial preparation or require extended argument that delays trial.
If a party filing a motion in limine believes that the motion would have a material impact on trial preparation and admissible evidence and may require extended argument that delays trial, the party must alert the Court at the time of filing.
Civil cases
Page 2 | 1. Motions in Limine
Motions for leave to file amicus curiae briefs may be presented to the Court by email to the Litigation Manager.
A motion for leave to file an amicus curiae brief may be presented to the Court by email to the Litigation Manager.
Criminal cases
Page 6 | MOTIONS
A motion for leave to file an amicus brief may be presented to the Court by email to the Litigation Manager.
A motion for leave to file an amicus curiae brief may be presented to the Court by email to the Litigation Manager.
Criminal cases
Page 6 | Amicus Briefs/Non-Party Filings
Communication with Ms. Suh should be via e-mail (elizabeth.suh@fultoncountyga.gov).
Communication with Ms. Suh should be via e-mail (elizabeth.suh@fultoncountyga.gov).
Civil cases
Page 1 | CONTACTING THE COURT
To ensure the Court sees a filing, email a copy to the senior staff attorney.
If there is a filing that you want to be sure is brought to the attention of the Court, you should e-mail a copy of same to Ms. Suh.
Civil cases
Page 1 | E-FILING
Parties scheduling a courtroom technology walk-through must confirm with Chambers that the courtroom is available on the requested date.
Parties must confirm with Chambers that the courtroom is available on the requested walk-through date.
Civil cases
Page 4 | 9. Courtroom Technology