Magistrate Court Of Fulton County
Revised July 1, 1999
Jay M. Roth, Chief Magistrate
Stephanie Davis, Magistrate
Franklin Biggins, Magistrate
Victoria Moran, Magistrate
Kim Warden, Magistrate
I. JURISDICTION 
The Magistrate Court of Fulton County shall have jurisdiction
to try and dispose of all civil claims in which exclusive
jurisdiction is not vested in other courts by the laws of
the State of Georgia and the amount demanded or value of the
property claimed does not exceed $15,000.00.
The jurisdiction shall include, but is not limited to, attachment
and garnishment proceedings, dispossessory proceedings and
distress warrant proceedings.
There shall be no jury trials.
The Court and each Magistrate shall have jurisdiction and
authority to hear applications for and issuance of arrest
and search warrants, the trial of charges of violations of
county ordinances, and the granting of bail in all cases where
the granting of bail is not exclusively committed to some
other court or officer.
In addition, each Magistrate shall have the power to punish
for contempt of court by fine not exceeding $300.00 or by
imprisonment not exceeding ten (10) days or both, to administer
any oath which is not required by law to be administered by
some other officer and to issue subpoenas to compel attendance
of witnesses in the Magistrate Court.
The jurisdiction, power and authority of this Court has been
set forth in the various acts and enacted by the General Assembly
only. This statement of jurisdiction is for information and
convenience. Persons having questions concerning the jurisdiction
of this Court should resort to the Official Code of Georgia
Annotated 15-10-1.
II. ASSIGNMENT OF CASES, DUTIES AND LOCATION
The Clerk of the Magistrate Court will assign cases to the
Magistrates for hearing with the approval of the Chief Magistrate.
An effort will be made to distinguish those cases where defendants
are located South of I-285 for trial at the South Annex; those
defendants located within the I-285 perimeter will be assigned
to the Magistrates at the main courthouse, and those cases
where the defendants are located North of I-285 will be assigned
to the North Annex.
Every effort will be made to equalize the caseload by the
Clerk's office with consideration being given to the other
court calendars for each Magistrate. Part-time Magistrates
will be assigned work schedules at one of the three above
locations. Assignments, duties and locations are subject to
change at direction of the Chief Magistrate.
III. COURTROOM DECORUM
An orderly and dignified atmosphere must be maintained at
all times. No conduct or action which may tend to distract
the parties, witnesses, or Court will be permitted. Persons
entering or leaving the courtroom during sessions shall do
so quietly and in a manner not interfering with the Court's
activities. All spectators should be seated.
IV. PREPARATION OF FORMS (PROCESS FORMS)
Persons filing suits shall complete the forms for process
for the original and all copies of the action using the forms
provided by the clerk. This shall include the filling in on
the original process form the complete names and addresses
of all parties, plaintiff and defendant, the name, address
and telephone number of the plaintiff or the plaintiff's attorney,
and insertion where appropriate of the information as to the
principal amount sued for, the amount of interest demanded
(if any), the amount of attorney fees demanded (if any), a
brief explanation of why the suit is being filed and the type
of suit (account, contract, note, tort, etc.). If interest
is sued for, it must be set forth as a separate item and may
not be included as a lump sum with the principal.
V. CHANGE OF ADDRESS AND/OR TELEPHONE NUMBER
Notice of change of address and/or telephone number of a party
litigant and/or attorney must be given in writing to the Clerk
of this Court within 24 hours of same as to each case pending,
and to opposing party.
VI. COURT HOURS
The Magistrates' offices shall be open from 8:30 A.M. until
5:00 P.M. each Monday through Friday except for legal holidays.
Trials and hearings shall be held at such times as scheduled
by the Court and as indicated in notices published by the
Court.
VII. COMMITMENT CALENDAR
There will be a commitment calendar held each day on warrants
issued by the respective Magistrate. The South Annex will
conduct a commitment calendar each morning at 8:30 A.M. The
North Annex will conduct a commitment calendar each morning
at 10:00 A.M. The downtown office will conduct a commitment
calendar each morning at 9:00 A.M. The Marshal will be responsible
for notifying the prosecutor and defendant of the time and
location for the commitment calendar, for those warrants assigned
to the Marshal.
VIII. APPOINTED COUNSEL
Attorneys appointed at the preliminary hearing stage for the
purpose of representing indigent defendants will not be compensated
by the County.
IX. FINDINGS OF FACTS AND CONCLUSIONS OF LAW
Parties appearing before the Court are not required to enter
Findings of Facts and Conclusions of Law at the termination
of the trial, nor is the Judge required to include Findings
of Facts and Conclusions of Law with their entry of judgment.
X. CONSENT DOCKET
There shall be a consent docket for cases in which(1) no answer
has been filed or the answer has been withdrawn and all costs
have been paid; and (2) the plaintiff has requested that the
case be placed on said docket. A case may be removed from
the consent docket by giving the opposite party or his counsel
ten (10) days written notice thereof, which notice shall be
filed after service has been perfected.
XI. DEFAULT JUDGMENT
In all cases of default except actions ex delicto or involving
unliquidated damages, judgment shall be entered without further
notice upon application therefor as provided by law. Such
judgment shall be entered by a judge upon verification of
default by the Clerk of Court or by the Deputy Clerk in charge
of the docket upon which case is docketed. The entry of the
judgment may be made by the Clerk or his designated deputy
under supervision of the Chief Magistrate, affixing the signature
of the Chief Magistrate by business machine or other mechanical
or facsimile means as provided by law.
XII. LEAVES OF ABSENCE
Pursuant to Uniform Superior Court Rule 16.1 and 16.2 as adopted
by the State Court of Fulton County, all notices for leaves
of absence for thirty (30) days or less, from court appearance
from pending matters which are neither on a published calendar
or noticed for hearing, and filed at least thirty (30) calendar
days prior to the effective date of the proposed leave shall
be deemed granted without entry of an order, provided that
opposing counsel has not filed an objection within ten (10)
days with the clerk of the court, with a copy to the court
and all counsel of record, or the court responds denying the
leave. If an objection is filed, upon request of any counsel,
the court will conduct a conference with all counsel to determine
whether the court will, by order, grant the requested leave.
All leaves of absence for more than thirty (30) days, or
where the matter is on a published calendar or scheduled for
hearing, or are not filed within the time limits contained
in U.S.C.R. 16.1, will require that an application for leave
of absence be filed with the clerk of court, and served upon
opposing counsel at least ten (10) days prior to submission
to the judge assigned to the matter. This time period may
be waived if opposing counsel consents in writing to said
application.
XIII. WITHDRAWAL OF COUNSEL
Counsel shall not be permitted to withdraw except pursuant
to written notice of withdrawal served on all parties (or
their counsel) including the client and the Clerk of Court,
which notice includes notice to the client that it will be
necessary for him to engage other counsel. In the event trial
date has been set, the notice shall inform the party of date
and time. This local rule is designed to supplement Uniform
Rule 7-2 and to make the requirement of written requests applicable
to all provisions of Uniform Rule 7-2.
XIV. SIGNATURE, ADDRESS AND PHONE NUMBER
All judgments and Orders presented to the Court shall bear
the signature, address and phone number of party litigant
presenting same to the Court.
XV. MOTION CALENDAR
Post-judgment motions shall be placed on a motions calendar
in the order of their date of filing. Motions shall be assigned
for hearing unless specially set for some other date by Rule
Nisi signed by a Magistrate.
XVI. TRIAL DATE
Cases will be assigned for trial within ten (10) days of filing
of answer. Dates of trial shall not be less than fifteen (15)
nor more than thirty (30) days after the date of notice of
trial is given. Notice of trial of civil cases will be served
by first class mail.
XVII. EX PARTE MOTIONS
Ex parte motions will not be considered, including motions
for stay in bankruptcy. However, the filing of a properly
authenticated stay in bankruptcy shall stay the proceedings.
No leave of court is required to file a suggestion on the
record of death of a party.
XVIII. REMOVAL OF COURT PAPERS
No person other than an attorney or employee of the Court
acting in his official capacity shall be allowed to remove
papers from the Clerk's office, Marshal's office, or from
any other office connected with the Court except by written
Order of a Magistrate. Attorneys may remove papers from such
offices with the consent of the Clerk or his deputy by giving
at the same time a receipt to such clerk stating the name,
number and style of the case, date of its receipt and a list
of papers so taken. In no event shall any papers be allowed
to remain out of the custody of the Court for a period of
more than five(5)days, which shall be stated in the receipt.
Except as provided above, the case file shall remain with
the Clerk or the Calendar Clerk even after assignment to a
Magistrate except while it is in use by a Magistrate.
XIX. PHOTOGRAPHS, TELEVISION CAMERAS AND REPRESENTATIVES
OF THE MEDIA
In judicial proceedings, the judge on the case or matter involved
shall make reasonable arrangements not inconsistent with the
rules of the Superior Court of the Circuit to accommodate
representatives of the news media consistent with the opportunity
of other members of the public to attend such hearings or
matter. News media members may communicate with the Chief
Magistrate or his designee for information regarding a particular
case.
No pictures or photographs shall be taken in the courtrooms,
witness rooms, jury rooms, entrances to the courtrooms and
passageways to and from the witness rooms and jury rooms.
In order to protect witnesses and other persons who are compelled
by legal process to be present in the courts, this rule shall
apply at all times, whether or not the shall be in session
or recess.
This section follows and supplements Uniform Rule 23.
XX. COURT REPORTERS
It shall be the duty of the parties to either a civil or criminal
action to provide their own court reporter.
XXI. DEPOSIT ACCOUNT FRAUD/BAD CHECK WARRANTS
Pursuant to the Official Code of Georgia Annotated 15-10-82,
there will be an application fee of $5.00 payable prior to
the issuance of a warrant, for each warrant issued on charges
of bad checks under $20.00.
XXII. LEVY AND EXECUTION
Parties who want their judgment executed should send the Writ
of Fieri Facias to the Marshal's office with appropriate directions
as to whether there should be execution without levy, or if
the party desires levy, he should specify the property to
be levied, the time and date, and if the party will be present.
Additional information which will assist the Marshal should
also be sent to the Marshal's office.
XXIII. PAUPER'S AFFIDAVIT
When plaintiff desires to file a pauper's affidavit in lieu
of cost deposit, and it appears that plaintiff is a transferee,
plaintiff shall make additional affidavit stating when he
bought the account, note or cause of action; the consideration
paid for same; and that the transfer was bona fide and not
made with intent to evade the cost deposit. The suit shall
not be accepted for filing in the absence of such supplemental
affidavit. See also O.C.G.A. Section 9-15-2.
XIV. MATTERS NOT COVERED BY THESE RULES
All matters not covered by these rules presenting situations
where the enforcement thereof would work injustice shall be
dealt with by the Court in its discretion.
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