STANDING ORDER NUMBER 1 2~ ~-. ~ ~

Transcription

1 IN THE SUPERIOR COURTS OF THE COWETA JUDICIAL CIRCUIT STATE OF GEORGIA CARROLL, COWETA, HEARD, MERIWETHER & TROUP COUNTIES ~ " r () = r'1 C) ;ur )>()~ c.n :::0 :;:s:: -~ STANDING ORDER NUMBER 1 2~ ~-. ~ ~ '0 ~ co ~..., ')',~ \.,...,., c'.~ N ~F z :::J.. rrrl ~:;:; >.. no '.)c~,~ ::z: IN RE: FORM OF STANDING ORDERS ~~~-,. ~ g ~:;:J ("') -i ;;> -i.i:- 0 -< On December 31, 2010, all local rules, intemaf operatffig 5 procedures and experimental rules of the superior courts expired in accordance with Uniform Superior Court Rule 1.1. Pursuant to Uniform Superior Court Rule 1.2, the courts of this state were empowered to maintain practices and standing orders to regulate the internal processes of the court in matters which are not susceptible to uniformity, which relate only to internal procedure and which do not affect the rights of any party substantially or materially, either to unreasonable delay or deny such rights. USCR 1.2 specifically identifies case management, court administration, case assignment, traverse and grand JUry management, court-annexed alternative dispute resolution programs (which are subject to approval by the Georgia Commission on Dispute Resolution), specialty courts, indigent defense programs, court security, emergency planning, judicial assistance requests, Page I 1

2 appointments of chief judges, law libraries, and other similar matters as internal processes appropriately addressed by standing orders. The judges of the Coweta Judicial Circuit desire to put in place a uniform practice relating to entry, filing and maintenance of standing orders to make them more readily available to the public and to avoid any conflict or confusion between standing orders. IT IS THEREFORE ORDERED as follows: (a) All standing orders entered prior to the entry of this order are hereby rescinded, and are of no force and effect. (b) (c) All standing orders shall be sequentially numbered. All standing orders shall state the subject of the order in the heading of the order. (d) All standing orders shall be filed and maintained 1n a separate minute book dedicated to that purpose. (e) All standing orders shall delineate the validity and effect of any prior standing order addressing the same subject matter. (f) All standing orders shall be effective upon filing unless they specify a different effective date. (g) All standing orders shall remain in effect until further order unless they specify some other duration. Page I 2

3 C;/ SO ORDERED this_-'-/_ day of February, illian Baldwin, Jr., Superior Court Jud e DennisB{~ Superior Court Jud Page I 3

4 IN THE SUPERIOR COURTS OF THE COWETA JUDICIAL CIRCUIT STATE OF GEORGIA CARROLL, COWETA, HEARD, MERIWETHER & TROUP COUNTIES n () 85 ~ ~g~ ~ ~ ~ STANDING ORDER NUMBER 2 :~; f~. gj ~ -::; ~1,. ::0.,, IN RE: CASE ASSIGNMENT ;;; :\~ N F?r :~s~ :x=- ~8 ~-;;() ~' :x 0 ::) g ' "" " \..0 ~ ::J ;;;) \ (") -1 :2 -;..i:- 0 -< ; co c:: Effective January 1, 2014, the Clerks of the Superior Court of~j the Coweta Judicial Circuit, when assigning cases, shall adhere to the following parameters, rules and procedures: I. CIVIL CASES Civil cases shall be assigned when they are filed with the Clerk of Court. In assigning civil cases, the Clerks shall utilize the random assignment functional-ity that is a part of their respective case management software programs. It is the intention of this order that case types of civil cases as identified in Appendix A to the Georgia Caseload Reporting Guide: CY 2012 be distributed among the judges in the percentages set forth in this order in as detailed a fashion as can be accomplished by their respective case management software programs without resort to custom programming. II. CRIMINAL CASES Criminal cases shall be assigned when the warrant is filed with Page I 1

5 the Clerk of Superior Court. It is the intention of this order that the Clerk of Superior Court receive criminal warrants for filing as soon as is reasonably practicable. The Clerks shall randomly assign criminal cases by utilizing the random assignment functionality that is a part of their respective case management software programs or by implementing a random manual assignment system of their choosing subject to the approval of a majority of the judges of the circuit. It is the intention of this order that criminal cases be distributed among the judges in the percentages set forth in this order so that each judge receives his proportionate share of serious felony cases and each judge receives his proportionate share of felony cases that are not serious felonies. "Serious felony" cases are those cases listed in Appendix C to the Georgia Caseload Reporting Guide: CY Uniform Appeal cases shall be assigned as hereafter set forth. In any situation wherein a defendant is accused of a misdemeanor and there is no related felony case, the misdemeanor case shall be treated the same as a nonserious felony case for purposes of assignment. Warrants shall be assigned from the lowest warrant number. However, when a Clerk receives multiple warrants on the same defendant, and those warrants charge both serious and non-serious felony offenses, the Clerk shall Page I 2

6 assign the warrants on that defendant based upon the lowest serious felony warrant number (i.e. the lowest serious felony warrant on a defendant shall take precedence over a lower non-serious felony warrant on the same defendant). III. CASE ASSIGNMENTS A. Carroll County The Clerk of the Superior Court of Carroll County shall assign 13.33o/o of all civil cases filed and 0% of all criminal cases filed to Judge A. Quillian Baldwin, Jr.; /o of all civil cases filed and 20% of all criminal cases filed to Judge John T. Simpson; 13.33% of all civil cases filed and 20% of all criminal cases filed to Judge Dennis Blackmon; 33.35% of all civil cases filed and 0% of all criminal cases filed to Judge Jack Kirby; 13.33% of all civil cases filed and 60% of all criminal cases filed to Judge Bill Hamrick; and, 0% of all civil cases filed and 0% of all criminal cases filed to Judge Emory Palmer. B. Coweta County The Clerk of the Superior Court of Coweta County shall assign 13.33% of all civil cases filed and 0% of all criminal cases filed to Judge A. Quillian Baldwin, Jr.; 0% of all civil cases filed and 20% of all criminal cases filed to Judge John T. Simpson; 13.33% of all civil Page I 3

7 cases filed and 20o/o of all criminal cases filed to Judge Dennis Blackmon; 33.35% of all civil cases filed and 0 /o of all criminal cases filed to Judge Jack Kirby; 13.33% of all civil cases filed and 0% of all criminal cases filed to Judge Bill Hamrick; and, /o of all civil cases filed and 60% of all criminal cases filed to Judge Emory Palmer. C. Heard County The Clerk of the Superior Court of Heard County shall assign 100% of all civil cases filed to Judge Bill Hamrick and 100% of all criminal cases filed to Judge John T. Simpson. D. Meriwether County The Clerk of the Superior Court of Meriwether County shall assign 100% of all civil cases filed to Judge A. Quillian Baldwin, Jr. and 100% of all criminal cases filed to Judge Emory Palmer. E. Troup County The Clerk of the Superior Court of Troup County shall assign 13.33% of all civil cases filed and 60% of all criminal cases filed to Judge A. Quillian Baldwin, Jr.; 13.33% of all civil cases filed and 20% of all criminal cases filed to Judge John T. Simpson; 13.33% of all civil cases filed and 20% of all criminal cases filed to Judge Dennis Blackmon; 33.35% of all civil cases filed and 0% of all criminal cases Page I 4

8 filed to Judge Jack Kirby; 13.33% of all civil cases filed and Oo/o of all criminal cases filed to Judge Bill Hamrick; and, 13.33% of all civil cases filed and 0% of all criminal cases filed to Judge Emory Palmer. IV. UNIFIED APPEAL CASES. Upon the filing of a notice of intent to seek the death penalty in any case in any county of the circuit, the Judges of the Circuit shall confer and consider the distribution of death penalty cases among the judges of the Circuit, the respective pending case load, and allocation of resources for the handling of such a case. After such conference, the Chief Judge shall assign the case regardless of any prior assignment made by the Clerk. V. COMPANION AND RELATED ACTIONS It is the responsibility of the Clerk of Court to assure that compan10n and related cases are assigned to the same judge in accordance with Uniform Superior Court Rule 3.2. The random assignment system employed by the Clerks shall apply to the earliest case filed. Thereafter, all actions involving substantially the same parties, or substantially the same subject matter, or substantially the same factual issues, whether pending simultaneously or not, shall be assigned to the same judge. Whenever such action is re-filed, or a Page I 5

9 derivative or companion action is filed or re-filed, or a defendant is reindicted on a previous charge, or is indicted on a subsequent charge while still under charges or serving a confinement or probated sentence on a previous action, or co-defendants are indicted separately, such actions shall be assigned to the judge to whom the original action was or is assigned. Generally, such actions will be assigned to the judge to whom the action with the lower action number is assigned. In the event that it comes to the attention of the Clerk or any party or attorney involved in a case that any case is related to another case assigned to a different judge, that fact shall be made known to the judges effected who shall confer to determine whether a transfer pursuant to Uniform Superior Court Rule 3.3 is appropriate. VI. MANUAL ASSIGNMENT Should any Clerk decide to assign cases manually, the random method of assignment chosen shall be reduced to writing and submitted to the judges of the Superior Court for approval. VII. EXCLUSIVE CONTROL - BALANCING THE CASELOAD The Clerks shall run case assignment reports every six months to determine whether their random assignment systems have fairly Page I 6

10 distributed the cases in accordance with the current Case Assignment Order. Such reports shall be sent to each judge in the circuit by January 15th and July 15th of each year. The judges of the circuit shall meet to discuss the assignment reports and, utilizing Uniform Superior Court Rule 3.3, transfer cases between and among themselves in order to balance the caseload should it be determined to be out of balance. At any time that any judge in the circuit believes that he is receiving a disproportionate share of the assigned cases, he may request a meeting in which the judges of the circuit shall determine whether any cases need to be transferred in order to fairly balance the caseload. SO ORDERED this q day of fibru.q,1, uillian Baldwin, Jr., Chef~rio(\'.'urtJu~ DenciSBlackmon, Superior Court Judge \ \ \ k Bil Hamrick, Superior Court Judge Page I 7

11 IN THE SUPERIOR COURTS OF THE COWETA JUDICIAL CIRCUIT STATE OF GEORGIA CARROLL, COWETA, HEARD, MERIWETHER & TROUP COUNTIES ~~~~~~------~' Petitioner -----COUNTY vs. CASE NO. Respondent () )>()~ ~;;~ 2~ ~ i- (/) :::- :-r~\1 \ ~i.,~ STANDING ORDER NUMBER 3u~ IN RE: DOMESTIC RELATIONS ACTIONS )> :;J ;<! \ 0-; This Standing order is entered in conformity with O.C.G.A and Uniform Superior Court Rules 1.2 and 24.8, and shall apply to all domestic relations actions. A copy of this order shall be served on the adverse party along with the petition in every case. Should the petitioner fail or refuse to serve the adverse party with a copy of this standing order, the adverse party will not be bound, but, by filing the petition, the petitioner shall be bound.,...,... = CJ'\..,, rrt c:o N ;po ::x '!? + "'... '"'.C':>.. I ~ C) ~ ~ > Ci )> ::0 :. ~"711 ~ F ~f11 no 0 c: z ("") -i 0 -< c: ;:u (a) The term "domestic relations action" shall include any action for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, determination of paternity, termination of parental rights in connection with an Page I 1

12 adoption proceeding filed 1n a supenor court, any contempt proceeding relating to enforcement of a decree or order in a prior domestic relations action, a petition in respect to modification of a decree or order in a prior domestic relations action, an action on a foreign judgment based on alimony or child support, and adoption. The term "domestic relations action" shall also include any direct or collateral attack on ajudgment or order entered in any such action. (b) Upon notice, this order binds the parties in such case, their agents, servants, and employees, and all other persons acting in concert with them, and such persons are hereby enjoined and restrained in the following particulars: ( 1) From unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the Coweta Judicial Circuit (which is comprised of Carroll, Coweta, Heard, Meriwether and Troup Counties) without the permission of the court, except in an emergency which has been created by the other party to the action; (2) From doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, Page I 2

13 harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and, (3) From selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party to the action. (c) In the event custody or visitation of a child or children is put in issue by the pleadings, the parties shall, within thirty (30) days of the date of service of the petition, attend and complete a program designed to educate the parties regarding the effects of a divorce upon the children of the marriage. The following programs are approved by the Court: "Children of Divorce", "Children of Divorce Education", "Parents Forever'', "Parenting Through Divorce", and "Positive Parenting Through Divorce". The parties may also satisfy this requirement by attending some other similar program, whether within or outside the State of Georgia; provided, however, that before attending such other program, the party seeking approval shall file a motion requesting Page I 3

14 approval, which motion shall include a syllabus setting forth the content of the program sought to be approved, and be accompanied by a proposed order with the option to allow the assigned judge to either grant the motion and approve the proposed program or to deny the motion. Proof of compliance with this paragraph shall be filed with the Clerk of Superior Court. Upon written motion of a party, the standing order provided for in this Code section shall be reviewed by the court at any rule nisi hearing. SO ORDERED this 9 day of fi]jy\aqa/ ~~~ I '2014. A. Quillian Baldwin, Jr., C "ef Superior Court Ju Denni~ Superior Court udge Page I 4

15 IN THE SUPERIOR COURTS OF THE COWETA JUDICIAL CIRCUIT STATE OF GEORGIA CARROLL, COWETA, HEARD, MERIWETHER & TROUP ~OUNTI~ ~ ~g~ ~ ~ ~ 2~ A..~ rt1 ('"') STANDING ORDER NUMBER 4 ~~: : ~.,.;:_'.;;-; \~ ~~ ~Ci._ :i> ncj ~ ~ ~'\. :x 0 IN RE: TEMPORARY PROTECTIVE ORDERS 2 g,~ ;;, " ~ 0~ \ +- g ~ )> l.o c The Judges of the Coweta Judicial Circuit, being mindful of the ;.J need to address temporary protective orders as expeditiously as possible, hereby enter the following Standing Order Regarding Temporary Protective Orders. It is the intent of this order that petitions for temporary protective orders brought pursuant to 0.C.G.A et seq., be exempted from the Standing Order Regarding Case Assignment in order to promote ease of access to the courts for litigants and to assure that all such petitions are heard within thirty (30) days of filing. The procedure for filing petitions for temporary protective orders shall be as follows: (a) The Petitioner may present the proposed petition and a proposed ex parte order to any of the six Superior Court Judges of the Coweta Judicial Circuit, or to any Judge in the Coweta Judicial Page I 1

16 Circuit who has been appointed to sit as a Superior Court Judge pursuant to 0.C.G.A (b) If the judge to whom the petition and proposed ex parte order 1s presented signs the ex parte order, the Petitioner shall then immediately file the petition with the Clerk of the Superior Court. In the event the judge to whom the petition and proposed ex parte order is presented refuses to sign the ex parte order, the Petitioner shall make that fact known to any subsequent judge to whom the petition and proposed ex parte order may be presented. Failure to notify a judge that the petition and proposed ex parte order (or one alleging essentially the same facts) has been presented to another judge who refused to sign the ex parte order may subject the Petitioner to a finding of contempt of court. (c) The Petitioner shall be responsible for informing the Clerk whether the case that is the subject of the petition is a companion or related case as defined in USCR 3.2 by completing and filing, along with the Petition, an Affidavit Regarding Companion and Related Actions in a form that substantially complies with the form attached to this order as Exhibit "A". The Clerk of Superior Court shall accept the petition, affidavit and signed ex parte protective order for filing, Page I 2

17 and, using the random case assignment system, assign the case to a judge for hearing. If the assigned judge will not have a regular nonjury hearing date in the county within thirty (30) days of the date of filing the petition, the Clerk shall, again using the random case assignment system, re-assign the case to another judge, repeating this process until the judge randomly assigned has a regular non-jury hearing date within thirty (30) days of the date of filing the petition. In any case in which the petitioner is seeking an award of child support, the petitioner shall bring to court on the day of the hearing a child support worksheet prepared pursuant to 0.C.G.A so ORDERED this _!] day of fii2r11ta 1, uillian Baldwin, Jr., Ch ef Superior Court Judg LL- Dennis Blackmon, Superior Court Judge tjudge Bill Hamrick Superior Court Judge Page I 3

18 IN THE SUPERIOR COURT OF STATE OF GEORGIA COUNTY Petitioner vs. Respondent CIVIL ACTION FILE NO AFFIDAVIT REGARDING COMPANION AND RELATED ACTIONS Having been sworn before the undersigned officer authorized by law to administer oaths, the Petitioner in the above-captioned case hereby swears that: [ ] This case involves substantially the same parties or substantially the same subject matter or substantially the same factual issues as another case (whether presently pending or not), which case was heard by Judge or [] The parties or subject matter or factual issues in this case have not been previously heard by a presently sitting judge of this circuit. Further, Affiant sayeth not. Sworn to and subscribed before me this _ day of, 20_. Petitioner Notary Public EXHIBIT "A" TO STANDING ORDER #4

19 IN THE SUPERIOR COURTS OF THE COWETA JUDICIALcCIRCUI~ STATE OF GEORGIA ~G~ ~ CARROLL, COWETA, HEARD, MERIWETHER & TROUP ~IEi ~~}~. \ ;::;:1"'-~ z ;1,) STANDING ORDER NUMBER 5 j~~ ~ :..1 ~,... \..0 ~~ \ + g )> \.0 c ~ IN RE: ALTERNATIVE DISPUTE RESOLUTION IN CIVIL CASES In accordance with the mandate of the Georgia Constitution of 1983 that the judicial branch of government provide "speedy, efficient and inexpensive resolution of disputes and prosecutions", and pursuant to Uniform Superior Court Rule 1.2, the Court enters the following Standing Order for Alternative Dispute Resolution in Civil Cases. All contested civil matters, unless exempted, must be referred to alternative dispute resolution (hereafter "ADR") prior to the scheduling of a pretrial conference or final hearing. ADR may take the form of binding arbitration (if all parties agree in writing) or mediation. In either event the Alternative Dispute Resolution Rules promulgated by the Georgia Supreme Court effective April 15, 1993, shall control (or the most recent amendment, revision or rewrite of said rules, in the event of same). The Coweta Judicial Circuit ADR Program Coordinator shall be N Page I 1

20 responsible for administering the provisions of this Order. The ADR office is presently located at the Troup County Justice Center, 100 Ridley Avenue, Suite 2500, LaGrange, GA All of the forms referred to in this Order are available in the ADR Office as well as the office of each of the five Clerks of Superior Court. MANDATED MEDIATION FOR DOMESTIC AND CIVIL CASES This order applies to all contested domestic and general civil cases filed in the Superior Courts of the Coweta Judicial Circuit. In contested cases filed on or after July 1, 2014, the parties shall either participate in ADR or obtain an exemption from the court within 150 days of the date on which the action is filed. Unless subject to a pending order with an earlier deadline, all contested cases filed prior to July 1, 2014, shall be submitted to or exempted from ADR within 150 days from the date of this Order. In the discretion of the court, cases may be referred to ADR at any time, including prior to any temporary or other hearing. The parties or their attorneys shall complete and file an ADR Initiation Form and submit a copy of the Initiation Form to the ADR Office at the time of filing the complaint or answer. If the ADR Initiation Form is not timely submitted to the ADR Office, the case will automatically be referred to the ADR Program and Page I 2

21 subject to this Order. MANDATED MEDIATION FOR TAX APPEALS After the certification of a tax appeal under O.C.G.A , the County Board of Assessors and the taxpayer are required to participate in the Coweta Judicial Circuit's in-house program for mediation within 90 days of the certification and prior to a pre-trial conference and trial. ATTESTATION OF ADR PARTICIPATION OR EXEMPTION In order to insure that a case has been submitted to an ADR process prior to pretrial conference or trial or has been exempted therefrom, at the time of request for a pretrial conference or trial, the requesting party must attest in writing that the case has been submitted to ADR or that an exemption was granted. The original attestation and a judge's copy shall be filed with the Clerk of Court. Failure to attest will result in continuance of the matter until compliance is demonstrated. EXEMPTIONS Mandatory Exemptions: The following cases shall be exempt from ADR: Page I 3

22 1. Appeals from ruling of administrative agencies; 2. Forfeitures of seized properties; 3. Habeas corpus and the extraordinary writs of mandamus, prohibition and quo warranto; 4. Bond validations; 5. Declaratory relief; 6. Family Violence Petitions; 7. Adoptions; 8. Child Support Recovery Unit cases' 9. Garnishments; 10. Cases other than domestic in which no answer 1s timely filed; and 11. Domestic cases in which defendant is served by publication and fails to answer the complaint. Discretionary Exemptions: A party or both parties may petition the Court to be exempted from the ADR requirement under this order. An ADR Exemption Petition shall be forwarded to the ADR Office. The parties may seek exemption from ADR for the following reasons: 1. The issue(s) to be considered has been previously Page I 4

23 submitted to dispute resolution; 2. The issue(s) presents a question of law only; 3. A party has previously failed to participate in ADR in good faith; 4. Domestic cases that involve violence; or 5. Other good cause is shown before the judge to whom the case is assigned. Such exemption shall be within the discretion of the court. Mediation of cases, which involve allegations of domestic violence, shall be subject to the Guidelines for Mediation in Cases Involving Issues of Domestic Violence as adopted by the Georgia Commission on Alternative Dispute Resolution. FEE WAIVER OR REDUCTION A party may petition the ADR Program for a fee reduction or waiver where circumstances warrant. ADR Fee Waiver Forms are available at the ADR Office and the Clerks' offices and must be submitted to the ADR Office for consideration. The ADR Office will use the Federal Poverty Guidelines as set forth in the Federal Register to determine eligibility. All applications for fee waivers/reductions shall be determined by the Coweta Judicial Circuit ADR Program Page I 5

24 Coordinator prior to the ADR process taking place. A fee waiver or reduction is only available for mediation services and transitional parenting classes provided by the Mediation Center. If a party does not meet the criteria for a fee reduction or waiver and refuses to pay, such refusal may be the basis for a finding of contempt of this Order. EFFECTIVE DATE OF ORDER This order shall become effective on the date it is filed, and shall apply to all pending civil cases for which no pre-trial conference has been conducted. SO ORDERED this _9_, _day of Fib11/1Ci1 '2014. f Superior Court Dennis Blackmon, Superior Court Judge ' Jacktk l~~ Bill Hamrick, Superior Court Judge Page I 6

25 IN THE SUPERIOR COURTS OF THE COWETA JUDICIAL CIRCUIT STATE OF GEORGIA 0 ~ ~ CARROLL, COWETA, HEARD, MERIWETHER & TROUP '!~TI~ 5? ~ -;;o::c-... r1 r(,)-:;: C:O CJ ~ STANDING ORDER NUMBER 6~fil\~ N ~~ IN RE: CALENDARING CIVIL CASES :~~~ ~ go ;'1 () \\ ~,- ) 0 :;, l..o ::;; 'Ii c: i., ~ \ +" g ~ ). l,d c :u The Clerks of the Superior Courts of the Coweta Judicial Circuit, when scheduling civil cases for hearing or trial, shall adhere to the following procedures: I. NON-JURY HEARINGS A. Domestic Relations Actions. In accordance with USCR 24.2, all cases involving temporary or permanent child support, alimony, equitable division of property, modification of child support or alimony, or requests for attorney's fees in such cases, shall be placed on a calendar by the Clerk only if the requesting party has: ( 1) filed with the Clerk of Court a Domestic Relations Financial Affidavit in the form specified by USCR 24.2 at least fifteen ( 15) days before the date of the hearing; (2) filed with the Clerk of Court a Child Support Worksheet and accompanying schedules required by O.C.G.A at least fifteen ( 15) days before the date of the hearing; Page I 1

26 (3) served notice of the date of the hearing upon the adverse party at least fifteen (15) days before the date of the hearing; (4) certified compliance with this order by sending a letter to the Clerk with a copy to the adverse party (a copy of a suggested certification letter is attached to this order as Exhibit "A"). B. General Civil Actions. In all cases not subject to USCR 24.2, the party requesting the hearing must serve notice of the date of the hearing upon the adverse party at least ten (10) days before the date of the hearing. C. Special Settings. If any party to a non-jury hearing in good faith believes that the entire hearing will take more than two (2) hours to conclude, that party shall arrange a conference call between the attorneys and pro se parties and the assigned judge to discuss whether a special setting would be more appropriate, and if so, to select a mutually convenient date for the hearing. D. Motions. All motions, including those for summary judgment, shall be decided by the Court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict. Oral hearing on a motion for summary judgment shall be permitted if the party requesting oral hearing complies with USCR 6.3. Notice of the Page I 2

27 date of hearing on any motion shall be served upon the adverse party at least ten (10) days before the date of the hearing, unless otherwise ordered by the Court. E. Final Non-jury Hearings. No final hearing shall be conducted 1n any case until the parties have complied with Standing Order Number 5 regarding Alternative Dispute Resolution, and filed the required attestation with the Clerk of Court. F. Emergency Situations. The time limits set forth in this Standing Order are those time limits established by the Uniform Superior Court Rules and the Georgia Civil Practice Act. The Clerks of Superior Court are not authorized to place any case on any calendar if the requirements of the Uniform Superior Court Rules and the Civil Practice Act as set forth herein have not been met, or the assigned judge has signed an order directing the Clerk to calendar a case as hereafter set forth. In emergency situations, or for good cause shown, a party may request that the Court waive the notice requirements established by the Uniform Superior Court Rules and the Georgia Civil Practice Act. Such requests shall be made by written motion to the assigned judge with notice to the adverse party. All such motions shall be accompanied by an affidavit attesting to the facts which support Page I 3

28 the relief requested and be accompanied by a proposed order that gives the Court the option of granting the motion and directing the Clerk of Court to add the case to the calendar as requested, or denying the motion. All cases added to a calendar after the calendar has been published shall appear on a separate calendar and attached to the end of the originally published calendar. II. JURY TRIALS A. The assigned judge has the sole responsibility for setting hearings in all actions assigned to that judge, for the scheduling of all trials in such actions and for the publication of all necessary calendars in advance of trial dates. In scheduling actions for trial, the assigned judge shall give consideration to the nature of the action, its complexity and the reasonable time requirements of the action for trial. It is intended that no matter be allowed to languish, and the assigned judge is responsible for the orderly movement and disposition of all assigned matters. B. All actions ready for trial in accordance with O.C.G.A shall be placed upon a list of actions ready for final jury trial to be maintained as a "ready list" by the Clerk of Court. Actions may be placed on the ready list only by: Page I 4

29 ( 1) The assigned judge upon notice to the parties; or, (2) A party, after the entry of a pre-trial order, upon notice to the other parties. Except for cause, actions shall be placed on the ready list in chronological order in accordance with filing dates, except that actions previously on the ready list shall retain their superior position; however, actions entitled thereto by statute shall be given precedence. C. The Clerk of Court shall prepare a trial calendar from the actions appearing on the ready list, in the order appearing on such list. The calendar shall state the place of trial and the date and time during which the actions shall be tried. The trial calendar shall be distributed or published a sufficient period of time, but not less than 20 days, prior to the date at which the actions listed thereon are to be tried. The parties and counsel in the first ten ( 10) actions on the published trial calendar shall appear ready for trial on the date specified unless otherwise directed by the assigned judge. Parties in all other actions on the calendar are expected to be ready for trial but may contact the assigned judge's judicial assistant to obtain: ( 1) A specific date and time for trial during the trial term specified in the calendar; or, Page I 5

30 (2) Permission to await the call by the judicial assistant of the action for trial upon reasonable notice to counsel. SO ORDERED this g day of fibfacv/, uillian Baldwin, Jr., Chi f Superior Court Jud e tzr-- Dennis Blackmon, Superior Court Jud e 1" Ll'OIU' perior Court Judge ' Jack Kirby,<> '\ Superior Court Judge Bill H Page I 6

31 IN THE SUPERIOR COURTS OF THE COWETA JUDICIAL CIRCUIT STATE OF GEORGIA CARROLL, COWETA, HEARD, MERIWETHER & TROUP COUNT~~ 0 = rn C'> ;;Jr, :> ~~ c.n :;o ::;s:; >-...-.?J ~;1 ~...,.., ~ ~ ;~, ':.. r,, STANDING ORDER NUMBER ~J\~~ : --.,.\ <&~.... # _, ;: ~~ -~ Y<\ 3.: r;l 9 ~,~ \D IN RE: DISCOVERY IN CRIMINAL CASES J ~ \ ~ '.r- ~- )> \.D ;:.) In any criminal case in the Coweta Judicial Circuit in which the ' Defendant provides written notice to the prosecuting attorney that such Defendant elects to have the provisions of O.C.G.A. 17"".6-l et seq. apply to his or her case, the following discovery shall be exchanged between the State and the Defendant within the time limits established by law or specifically ordered by the Court: A. INDICTMENT OR ACCUSATION AND LIST OF WITNESSES. The prosecuting attorney shall furnish a copy of the indictment or accusation and a list of witnesses (that may be supplemented as set forth hereafter) to the Defendant. B. REcIPROCAL DISCOVERY. (1) Prosecution's Disclosures. The prosecuting attorney shall disclose to the Defendant and make available for inspection, copying, or photographing: ;pro (a) Any relevant written or recorded statements Page I 1

32 made by the Defendant, or copies thereof, within the possess10n, custody or control of the state or prosecution and that portion of any written record containing the substance of any relevant oral statement made by the Defendant, whether before or after arrest, in response to interrogation by any person then lrnown to the Defendant to be a law enforcement officer or member of the prosecuting attorney's staff. (b) The substance of any other relevant oral statement made by the defendant, before or after arrest, in response to interrogation by any person then lrnown by the defendant to be a law enforcement officer or member of the prosecuting attorney's staff if the state intends to use that statement at trial. (c) The substance of any other relevant written or oral statement made by the defendant while in custody, whether or not in response to interrogation. (d) Statements of coconspirators that are attributable to the defendant and arguably admissible against the defendant at trial. (e) A copy of the defendant's Georgia Crime Information Center criminal history, if any, as is within the possession, custody, or control of the state or prosecution. Page I 2

33 (f) Books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief or rebuttal at the trial or were obtained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held. Notwithstanding the foregoing, any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief or rebuttal at the trial of any violation of Part 2 of Article 3 of Chapter 12 of Title 16, Page I 3

34 shall be allowed to be inspected by the Defendant but shall not be allowed to be copied. (g) Any report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the state intends to introduce in evidence in its casein-chief or in rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the prosecuting attorney shall reduce all relevant and material oral portions of such report to writing. The prosecution is not required to disclose any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness. (h) Any evidence in aggravation of punishment that the state intends to introduce in sentencing. (2) Defendant's Disclosures. The Defendant shall disclose to the prosecuting attorney and make available for inspection, copying, or photographing: (a) All books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or Page I 4

35 copies or portions thereof and to inspect and photograph buildings or places, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal at the trial. (b) All reports of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the Defendant intends to introduce in evidence in the defense's case-in-chief or rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the Defendant shall reduce all relevant and material oral portions of such report to writing. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any Defendant or witness. (c) No later than five days before the trial commences, a list of witnesses that the defendant intends to call as a witness in the presentence hearing. No later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, the Defendant shall Page I 5

36 produce for the opposing party any statement of such witnesses that is in the possession, custody, or control of the Defendant or the Defendant's counsel that relates to the subject matter of the testimony of such witnesses unless such statement is protected from disclosure by the privilege contained in paragraph (5), (6), (7), or (8) of subsection (a) of O.C.G.A C. CONTINUING DUTY. If prior to or during trial a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under this article, such party shall promptly notify the other party of the existence of the additional evidence or material and make this additional evidence or material available as provided in this article. Upon a sufficient showing that a discovery required by this article would create a substantial threat of physical or economic harm to a witness, the court may at any time order that the discovery or inspection be denied, restricted, or deferred or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the Page I 6

37 entire text of the party's statement shall be sealed and preserved in the records of the court subject to further order of the court and to be made available to the appellate court in the event of an appeal. D. ALIBI WITNESSES. In the event the Defendant intends to offer a defense of alibi to an indictment or accusation in which the date of the offense is a material averment, the Defendant shall serve upon the prosecuting attorney a written notice of the Defendant's intention to offer a defense of alibi, without the requirement that the prosecuting attorney make a written demand. Such notice by the Defendant shall state the specific place or places at which the Defendant claims to have been at the time of the alleged offense and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the Defendant, upon whom the Defendant intends to rely to establish such alibi unless previously supplied. In the event the date of the offense is not a :material averment of the indictment or accusation, the prosecuting attorney shall give the notice required by 0.C.G.A S(a) and the time limits imposed by the statute shall control. E. STATEMENTS OF WITNESSES. The prosecution and the Defendant shall produce for the Page I 7

38 opposing party any statement of any witness that is in the possession, custody, or control of the state or prosecution or in the possession, custody, or control of the Defendant or the Defendant's counsel that relates to the subject matter concerning the testimony of the witness that the party in possession, custody, or control of the statement intends to call as a witness at trial or at such post-indictment pretrial evidentiary hearing. The prosecuting attorney and the Defendant's attorney shall furnish to the opposing counsel as an officer of the court, in confidence, the names, current locations, dates of birth, and telephone numbers of that party's witnesses, unless for good cause the judge allows an exception to this requirement, in which event the counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify. The prosecuting attorney shall not be required to furnish the home address, date of birth, or home telephone number of a witness who is a law enforcement officer. Instead, in such cases, the prosecuting attorney shall furnish to the defense attorney the law enforcement officer's current work location and work phone number. Page I 8

39 F. OFFICE OF THE PuBLIC DEFENDER. This Standing Order is deemed to be invoked in each case 1n which a Defendant is represented by a member of the Coweta Judicial Circuit Public Defender. The following motions are deemed filed by the Public Defender in all felony cases: (1) Notice of Defendant's Election to Proceed Under O.C.G.A et seq. (2) Motion for Discovery of Statements of the Defendant. (3) Motion to Obtain Discovery of Statements Made by Witnesses for the State. (4) Defendant's Request for Information Described m O.C.G.A (5) Demand for the Production of the Accused's Criminal History Pursuant to O.C.G.A (a)(2). (6) Demand for Inspection, Analysis and Copies of Photographs, Documents and Other Tangible Evidence. (7) Demand for the Inspection, Analysis and Testing of Scientific Evidence. (8) Discovery Motion and Motion to Require the Page I 9

40 Prosecution to Disclose Evidence Favorable to the Defendant under Brady v. Maryland. (9) Notice to Produce. ( 10) Motion for Disclosure of Similar or Extrinsic Act Evidence and for Pretrial Hearing to Determine Admissibility of any Acts alleged by the State to be Related Acts. (11) Motion to Require the State to Reveal any Agreement entered between the State and any Prosecution Witness that could conceivably Influence Testimony. The following motions are deemed filed by the Public Defender in all misdemeanor cases: (1) Notice of Defendant's Election to Proceed Under 0.C.G.A et seq. (2) Defendant's Request for Information Described m O.C.G.A , OCGA and OCGA Copies of the foregoing motions deemed to be filed by the Office of the Public Defender are attached to this Standing Order as Exhibits 1 through 13. All other provisions of this Standing Order not in conflict with this paragraph (i.e., F. OFFICE OF THE PUBLIC DEFENDER.) shall likewise Page I 10

41 apply to the Office of the Public Defender. SOORDEREDthis_ _dayof ft6_ruqry '2014. uillian Baldwin, Jr., Ch ~f Superior Court Judg ~- Dennis Blackmon, Superior Court Judge ' rt Judge ' Jacket~Y~\,~ Page I 11

42 IN THE SUPERIOR COURT OF ----COUNTY STATE OF GEORGIA STA TE OF GEORGIA vs. CASE NO DEFENDANT NOTICE OF DEFENDANT'S ELECTION TO PROCEED UNDER O.C.G.A ET SEQ. Defendant hereby provides written notice, pursuant to O.C.G.A (a), that DEFENDANT elects to have the provisions of O.C.G.A et seq. apply to this case, including but not limited to the demand for Copy of Indictment or Accusation and List of Witnesses pursuant to OCGA Motion for Disclosure and Inspection pursuant to OCGA , Motion for Statement of Witnesses pursuant to OCGA , and List of Names and Information pursuant to OCGA In the event the charges do not include felonies, then Defendant hereby invokes the provisions of OCGA et. seq., including but not limited to Demand for Copy of Accusation and List of Witnesses pursuant to OCGA , Copy of Statement While in Police Custody pursuant to OCGA , and a Demand for copy of Written Scientific Reports pursuant to OCGA Respectfully submitted, Counsel for Defendant EXHIBIT "1"

43 IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA STATE OF GEORGIA vs. DEFENDANT CASE NO.. ~----- MOTION FOR DISCOVERY OF STATEMENTS OF THE DEFENDANT COMES NOW, the Defendant in the above-captioned matter, and pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution; Article I, Section I, Paragraphs 1, 2, 11, 12, 14, 16 and 17 of the Georgia Constitution; O.C.G.A (a)(l) (formerly ); and other applicable law, hereby moves this Court to ORDER the State to provide the defense, within TEN days, with copies of any and all statements made by DEFENDANT, including but not limited to: (1) written versions of any and all oral statements; (2) other accounts, reports, notes or summaries of any and all oral statements; (3) copies of any and all written statements; ( 4) audio cassette copies of any and all audio-taped statements; and (5) video cassette copies of any and all videotaped statements. Additionally, Defendant moves the Court to BAR the State from using any such statements at trial for any purpose in the event that said statements are not revealed to the defense within ten (10) days. In support of this motion, DEFENDANT states the following: 1. DEFENDANT is charged in the above-styled case. EXHIBIT "2" Page 11

44 2. Under O.C.G.A (a)(l), a criminal defendant is entitled to: (a) copies of any written or recorded statement made by him in response to interrogation by any law enforcement personnel; (b) that portion of any written record containing the substance of any relevant oral statement made by him in response to interrogation by any law enforcement personnel; and ( c) "the substance of any other relevant oral statement" made in response to interrogation by law enforcement personnel if the state intends to use it at trial. O.C.G.A (a)(l). 3. Additionally, a criminal defendant is entitled to any other statements made by him while in custody, including statements made to inmates or other non-law enforcement personnel. Bell v. State, 179 Ga. App. 491, 347 S.E.2d 321 (1986). 4. The prosecutor's duty to disclose extends to all statements within the "possession, custody, or control" of either his office or any law enforcement agency or other state agency. O.C.G.A (a)(l). The prosecutor also has a duty to investigate whether the Defendant made any statements and, if so, to reveal those statements to the defense. See Gilbert v. State, 193 Ga. App. 283, 38 S.E.2d 581 (1989). 5. The state is barred from using at trial any custodial statement which has not been provided upon a timely request. See McKenny v. State, 204 Ga. App. 411, 419 S.E.2d 82 ( 1992) (conviction reversed where prosecution used statement of Defendant not furnished in compliance with written demand); Byars v. State, 198 Ga. App. 793, 403 S.E.2d 82 Page 12

45 (1991) (same); Davis v. State, 198 Ga. App. 375, 401S.E.2d581 (1991). 6. This motion is made under the authority of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Naupe v. Illinois, 360 U.S. 264, 79 S.Ct. 1173,3 L.Ed.2d 1217 (1959); Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974); United States v.agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976); Giles v. Maryland, 386 U.S. 66, 87 S.Ct. 793, 17 L.Ed.2d 737 (1967); and United States v. Noe, 821 F.2d 604 (1 lth Cir. 1987), as well as the constitutional and statutory authority cited above. WHEREFORE, DEFENDANT requests that this Court: 1. Order the state to provide to the defense written versions of any and all oral statements by DEFENDANT; copies of any accounts, reports, notes or summaries containing statements by DEFENDANT or references to statements by DEFENDANT; any and all written statements by DEFENDANT; audio cassette tape copies of any and all audio-taped statements by DEFENDANT; and videotape copies of any and all videotaped statements by DEFENDANT; 2. Order that such statements be provided within ten (10) days; 3. Order that any statement not produced pursuant to this order be barred from use for any purpose by the state at trial; Page I 3

46 4. Schedule this motion for a hearing, if necessary; and 5. Grant such other relief as is just and proper. Respectfully submitted, Counsel for Defendant Page 14

47 IN THE SUPERIOR COURT OF STATE OF GEORGIA ---- COUNTY STATE OF GEORGIA vs. DEFENDANT CASE NO. MOTION TO OBTAIN DISCOVERY OF STATEMENTS MADE BY WITNESSES FOR THE STATE COMES NOW, the Defendant in the above-captioned case, and pursuant to the Sixth, Eighth and Fourteenth Amendments to the United States Constitution; Article I, Section I, Paragraphs 1, 2, 14, and 17 of the Georgia Constitution; O.C.G.A ; and other applicable law, hereby moves this Court to ORDER the State to provide the defense, at least 10 days prior to the first pretrial evidentiary hearing, with any and all statements which are made by witnesses whom the state intends to call at any pretrial hearing or at trial, as well as any and all statements which are made by witnesses whom the state does not intend to call but which involve the subject matter of testimony of witnesses it does intend to call. Additionally, DEFENDANT moves this Court to BAR the State: 1. from calling at trial or at any pretrial hearing any witness who has made a statement not revealed to the defense; and 2. from using at trial or pretrial any part of the testimony of a witness that involves subject matter touched upon in a statement made by an uncalled witness and not revealed to the defense. In support of this motion, DEFENDANT states as follows: EXHIBIT "3" Page 11