IN THE STATE COURT OF FULTON COUNTY
STATE OF GEORGIA
___________________________
Plaintiff
Civil Action No: ____________________
___________________________
Defendant
CONSENT CASE MANAGEMENT ORDER “A”
(GENERAL CASES)
By Order of this Court and upon consent of the Parties, the following deadlines, policies,
and procedures shall govern the above-captioned civil case.
I. GENERAL INFORMATION
Questions and communication about procedures & scheduling may be directed to Joshua
Saunders, Staff Attorney at 404-613-4312 or joshua.saunders@fultoncountyga.gov. For
scheduling purposes, each counsel / pro se party shall provide to the Staff Attorney and be
responsible for updating his or her contact information, including telephone number, e-mail
address, and mailing address during the pendency of the case.
In all e-filed cases, courtesy copies are not required. Parties/counsel should refer to and
follow State Court of Fulton County’s Local E-filing Rules which are found on Resource Center
tab of File & ServeXpress: http://www.lexisnexis.com/documents/245-20071026115400.pdf.
The Court requests parties/counsel strictly adhere to Rule 2-106 regarding electronic signatures
and Rule 2-112 which requires proposed orders not be scanned, but rather be in a format that the
Court can edit.
1
II. DISCOVERY
Discovery shall close NO LATER THAN 6 MONTHS after the last Answer is filed, which
date is ________________. This includes, but is not limited to, written discovery and
depositions.
III. MOTIONS
All motions shall be filed in accordance with the Civil Practice Act and the Uniform State
Court Rules. Ministerial motions shall be accompanied by a proposed order. Generally, motions
shall be determined upon the motion and supporting documents; however, the Court may allow
oral argument sua sponte, upon good-cause shown in a written request, or as otherwise
prescribed in the Civil Practice Act. Failure to respond to any motion within the time afforded
by the Uniform State Court Rules shall indicate that there is no opposition to the motion. Other
specific Motions will be addressed as follows:
A.
All PRELIMINARY MOTIONS, including, motions regarding defenses of venue,
jurisdiction, insufficiency of service, failure to state a claim, or statute of limitations, or motions
to join a party under OCGA §9-11-19 shall be filed within THIRTY (30) days of the issuance of
this Scheduling Order, else the Court shall deem such defenses waived.
B.
All other SUBSTANTIVE MOTIONS, including MOTIONS FOR SUMMARY
JUDGMENT and DAUBERT Motions shall be filed NO LATER THAN THIRTY (30) days
after the close of discovery.
C.
Notwithstanding the above, any motions regarding discovery disputes shall be
filed within 60 days from the date of the response or event (e.g. deposition) that is the subject of
the motion, and in no event later than the close of discovery, absent Court Order. In the event of
a discovery dispute, counsel and parties are encouraged to contact the Court’s Staff Attorney at
2
404-613-7761 to set up a telephone conference prior to filing any motion to compel or for
protective order.
If any motion is filed after these deadlines and without this Court’s prior written approval
by Order, then the motion will be untimely and may not be considered.
IV. ALTERNATIVE DISPUTE RESOLUTION / MEDIATION
The parties are required to pursue and participate in good faith in some form of formal
alternative dispute resolution (ADR). Such efforts shall be scheduled and completed no later
than _________________ (date must be no later than four weeks prior to Pre Trial Calendar
Call. All parties are to appear personally or must appoint a representative with full authority to
settle all issues.
Upon completion, the parties shall complete a statement certifying that ADR was
attempted and notifying the Court of the general procedural outcome, e.g. “all claims have been
resolved,” “impasse,” “agreement reached as to liability but not damages,” etc. Plaintiff shall be
responsible for timely filing said statement into the record.
Failure to timely complete ADR shall not merit a continuance from the trial calendar, but
shall subject the parties to the Court’s imposition of choice of neutral, time, date, etc. Should
parties/counsel request or require assistance with their ADR efforts (including but not limited to
use of free mediation services available to Fulton County litigants), they should notify the Court.
V. TRIAL CALENDAR
Parties shall stipulate to this Court’s Trial Calendar no later than 120 days after
Discovery closes. Parties desiring a special setting should contact Staff Attorney Joshua
Saunders, 404-613-4312 or joshua.saunders@fultoncountyga.gov, NO LATER THAN the 60
3
days after the close of discovery to make such a request, understanding that a specially set trial
date may not be available for approximately four months.
VI. CONSOLIDATED PRE-TRIAL ORDERS
A proposed, fully consolidated Pre-Trial Order in accordance with USCR 7.2 shall
be submitted at the same time as any Dispositive Motions are due. If any party files a
dispositive motion, the proposed Pre-Trial Order need not contain a listing of all evidence;
however, the parties will be expected to provide this listing within fourteen (14) days after the
Court has ruled on dispositive motions. If no party plans on filing a dispositive motion, the PreTrial Order presented to the Court should be complete.
VII. PRE-TRIAL CONFERENCE
Based on the Trial Calendar date, the Court will schedule a Pre Trial Calendar call to take
place approximately one to two weeks in advance of Trial.
Motions in limine regarding the admissibility of evidence at trial must be made in
writing and filed no later than 48 hours before the Pre Trial Calendar call.
All exhibits, to include demonstrative evidence, must be marked and exchanged by and
between the parties/counsel by or at the Pre Trial Calendar Call.
Proposed jury charges and verdict form shall be filed by or before the Pre Trial
Calendar Call. Requested charges should include reference, by section number, to the Georgia
State Bar Civil Jury Instructions, published by the Council of Superior Court Judges of Georgia,
2013 edition, or other supporting legal authority. Requests to charge should be numbered and
submitted one charge per page. A courtesy copy of requested charges and proposed verdict form
should be submitted in Word format sent via e-mail sent to the Court Staff Attorney at
4
joshua.saunders@fultoncountyga.gov. by or before the Pre Trial Conference Call. A charge
conference will be scheduled at the Court’s discretion at a time during the trial proceedings.
VIII. LEAVES OF ABSENCE & CONFLICTS
An application by an attorney for a leave of absence shall be written, filed with the Clerk
of the Court, and otherwise comply with Uniform State Court Rules. Leaves of Absence shall be
filed individually in all cases before the Court. Leaves of Absence may not be approved if
counsel requesting leave is not otherwise in compliance with the terms of this Case Management
Order or other order of the Court. This Court shall retain its right to resolve conflicts between
competing court calendars.
IX. COURT POLICIES
Modification of any deadline or calendar date contained within this Scheduling
Order requires approval of the Court - even if all parties consent to the change. Requests
that the Court extend a deadline or hearing date should be made as soon as the need to do so
becomes apparent. No continuances will be granted except for good cause shown.
All motions/briefs are LIMITED to no more than twenty (20) pages, double spaced,
exclusive of attachments, unless otherwise permitted by the Court in writing. Reply briefs are
generally disfavored and may not be considered.
The parties/counsel must promptly notify this Court in writing of any problem or dispute
(including but not limited to disagreements about discovery, scheduling difficulties,
unavailability of witnesses, illness, late addition of parties or claims, etc.) that could delay the
deadlines or hearing dates set forth herein.
5
The failure to comply with the deadlines set forth in this Case Management Order may
result in the imposition of sanctions, including striking pleadings, assessment of attorney’s
fees, exclusion of evidence or witnesses, or other sanctions.
_________________________
Plaintiff’s Lead Counsel
___________________
e-mail
___________________
telephone
_________________________
Defendant’s Lead Counsel
___________________
e-mail
___________________
telephone
SO ORDERED, this the ____ day of __________________, 2014.
_____________________________
Jane Morrison, Judge
STATE COURT OF FULTON COUNTY
6
IN THE STATE COURT OF FULTON COUNTY
STATE OF GEORGIA
___________________________
Plaintiff
Civil Action No: ____________________
___________________________
Defendant
CONSENT CASE MANAGEMENT ORDER “B”
(MEDICAL MALPRACTICE or WRONGFUL DEATH CASE)
By Order of this Court and upon consent of the parties, the following deadlines, policies,
and procedures shall govern the above-captioned civil case.
I. GENERAL INFORMATION
Questions and communication about procedures and scheduling may be directed to
Joshua Saunders, Staff Attorney at 404-613-4312 or joshua.saunders@fultoncountyga.gov. For
scheduling purposes, each counsel / pro se party shall provide to the Staff Attorney and be
responsible for updating his or her contact information, including telephone number, e-mail
address, and mailing address during the pendency of the case.
In all e-filed cases, courtesy copies are not required. Parties/counsel should refer to and
follow State Court of Fulton County’s Local E-filing Rules which are found on Resource Center
tab of the Lexis Nexis File & ServeXpress: http://www.lexisnexis.com/documents/24520071026115400.pdf. The Court requests parties/counsel strictly adhere to Rule 2-106 regarding
electronic signatures and Rule 2-112 which requires proposed orders not be scanned, but rather
be in a format that the Court can edit.
7
II. DISCOVERY
A. Discovery shall close NO LATER THAN 12 MONTHS after the last Answer is filed,
which date is ________________. This includes, but is not limited to, written discovery
and depositions.
B. All FACT WITNESSES shall be deposed NO LATER THAN ________________.
C. When identifying EXPERTS, the identifying party shall provide opposing counsel with a
brief written summary of the facts and opinions to which the witnesses is expected to
testify and at least three (3) dates when each such witness is available for deposition.
1. PLAINTIFF’S EXPERT(S) shall be disclosed NO LATER THAN
__________________.
2. DEFENSE EXPERT(S) shall be disclosed NO LATER THAN
___________________.
3. REBUTTAL EXPERT(S) shall be disclosed NO LATER THAN
_________________ for PLAINTIFF and ________________ for DEFENDANT.
III. MOTIONS
All motions shall be filed in accordance with the Civil Practice Act and the Uniform State
Court Rules. Ministerial motions shall be accompanied by a proposed order. Generally, motions
shall be determined upon the motion and supporting documents; however, the Court may allow
oral argument sua sponte, upon good-cause shown in a written request, or as otherwise
prescribed in the Civil Practice Act. Failure to respond to any motion within the time afforded
by the Uniform State Court Rules shall indicate that there is no opposition to the motion. Other
specific Motions will be addressed as follows:
8
A.
All PRELIMINARY MOTIONS, including, motions regarding defenses of venue,
jurisdiction, insufficiency of service, failure to state a claim, or statute of limitations, or motions
to join a party under OCGA §9-11-19 shall be filed within THIRTY (30) days of the issuance of
this Scheduling Order, else the Court shall deem such defenses waived.
B.
All other SUBSTANTIVE MOTIONS, including MOTIONS FOR SUMMARY
JUDGMENT and DAUBERT Motions shall be filed NO LATER THAN THIRTY (30) days
after the close of discovery.
C.
Notwithstanding the above, any motions regarding discovery disputes shall be
filed within 60 days from the date of the response or event (e.g. deposition) that is the subject of
the motion, and in no event later than the close of discovery, absent Court Order. In the event of
a discovery dispute, counsel and parties are encouraged to contact the Court’s Staff Attorney at
404-613-7761 to set up a telephone conference prior to filing any motion to compel or for
protective order.
If any motion is filed after these deadlines and without this Court’s prior written approval
by Order, then the motion will be untimely and may not be considered.
IV. ALTERNATIVE DISPUTE RESOLUTION / MEDIATION
The parties are required to pursue and participate in good faith in some form of formal
alternative dispute resolution (ADR). Such efforts shall be scheduled and completed no later
than _________________ (date must be no later than four weeks prior to Pre Trial Calendar
Call. All parties are to appear personally or must appoint a representative with full authority to
settle all issues.
Upon completion, the parties shall complete a statement certifying that ADR was
attempted and notifying the Court of the general procedural outcome, e.g. “all claims have been
9
resolved,” “impasse,” “agreement reached as to liability but not damages,” etc. Plaintiff shall be
responsible for timely filing said statement into the record.
Failure to timely complete ADR shall not merit a continuance from the trial calendar, but
shall subject the parties to the Court’s imposition of choice of neutral, time, date, etc. Should
parties/counsel request or require assistance with their ADR efforts (including but not limited to
use of free mediation services available to Fulton County litigants), they should notify the Court.
V. TRIAL CALENDAR
Parties shall stipulate to this Court’s Trial Calendar no later than 120 days after
Discovery closes. Parties desiring a special setting should contact Staff Attorney Joshua
Saunders, 404-613-4312 or joshua.saunders@fultoncountyga.gov, NO LATER THAN the 60
days after the close of discovery to make such a request, understanding that a specially set trial
date may not be available for approximately four months.
VI. CONSOLIDATED PRE-TRIAL ORDERS
A proposed, fully consolidated Pre-Trial Order in accordance with USCR 7.2 shall
be submitted at the same time as any Dispositive Motions are due. If any party files a
dispositive motion, the proposed Pre-Trial Order need not contain a listing of all evidence;
however, the parties will be expected to provide this listing within fourteen (14) days after the
Court has ruled on dispositive motions. If no party plans on filing a dispositive motion, the PreTrial Order presented to the Court should be complete.
VII. PRE-TRIAL CONFERENCE
Based on the Trial Calendar date, the Court will schedule a Pre Trial Calendar call to take
place approximately one to two weeks in advance of Trial.
10
Motions in limine regarding the admissibility of evidence at trial must be made in
writing and filed no later than 48 hours before the Pre Trial Calendar call.
All exhibits, to include demonstrative evidence, must be marked and exchanged by and
between the parties/counsel by or at the Pre Trial Calendar Call.
Proposed jury charges and verdict form shall be filed by or before the Pre Trial
Calendar Call. Requested charges should include reference, by section number, to the Georgia
State Bar Civil Jury Instructions, published by the Council of Superior Court Judges of Georgia,
2013 edition, or other supporting legal authority. Requests to charge should be numbered and
submitted one charge per page. A courtesy copy of requested charges and proposed verdict form
should be submitted in Word format sent via e-mail sent to the Court Staff Attorney at
joshua.saunders@fultoncountyga.gov. by or before the Pre Trial Conference Call. A charge
conference will be scheduled at the Court’s discretion at a time during the trial proceedings.
VIII. LEAVES OF ABSENCE & CONFLICTS
An application by an attorney for a leave of absence shall be written, filed with the Clerk
of the Court, and otherwise comply with Uniform State Court Rules. Leaves of absence shall be
filed individually in all cases before the Court. Leaves of Absence may not be approved if
counsel requesting leave is not otherwise in compliance with the terms of this Case Management
Order or other order of the Court. This Court shall retain its right to resolve conflicts between
competing court calendars.
IX. COURT POLICIES
Modification of any deadline or calendar date contained within this Scheduling
Order requires approval of the Court - even if all parties consent to the change. Requests
11
that the Court extend a deadline or hearing date should be made as soon as the need to do so
becomes apparent. No continuances will be granted except for good cause shown.
All motions/briefs are LIMITED to no more than twenty (20) pages, double spaced,
exclusive of attachments, unless otherwise permitted by the Court in writing. Reply briefs are
generally disfavored and may not be considered.
The parties/counsel must promptly notify this Court in writing of any problem or dispute
(including but not limited to disagreements about discovery, scheduling difficulties,
unavailability of witnesses, illness, late addition of parties or claims, etc.) that could delay the
deadlines or hearing dates set forth herein.
The failure to comply with the deadlines set forth in this Case Management Order may
result in the imposition of sanctions, including striking pleadings, assessment of attorney’s
fees, exclusion of evidence or witnesses, or other sanctions.
_________________________
Plaintiff’s Lead Counsel
___________________
e-mail
___________________
telephone
_________________________
Defendant’s Lead Counsel
___________________
e-mail
___________________
telephone
SO ORDERED, this the ____ day of __________________, 2014.
_____________________________
Jane Morrison, Judge
STATE COURT OF FULTON COUNTY
12