Rule 36. Filing and processing.
Rule 36.1. Preparation of documents.
Rule 36.2. Time of docketing.
Rule 36.3. Caption.
Rule 36.4. Signatures.
Rule 36.5. Location of original.
Rule 36.6. Minutes and final record.
Rule 36.7. Filing of Transcripts.
Rule 36.8. File categories.
Rule 36.9. Identification.
Rule 36.10. Filing requirements Civil.
Rule 36.11. Return of service Civil.
Rule 36.12. Advance costs Civil.
Rule 36.13. Filing requirements Criminal.
Rule 36.14. Filing of no bills.
Rule 36.15. Assessment of costs Criminal.
Rule 36.1. Preparation of documents.
To the extent practical, all materials presented for filing in any superior court shall be typed, legibly written or printed on one side only in blue or black ink suitable for reproduction, on opaque white paper measuring 8 1/2" x 11", of a good quality; grade and weight. Manuscript covers and backings shall be omitted wherever practical.
Rule 36.2. Time of docketing.
Actions shall be entered by the clerk in the proper docket immediately or within a reasonable period after being received in the clerks office.
Rule 36.3. Caption.
Every document or pleading presented for filing in a superior court shall bear a caption which sets out the exact nature of the pleading or the type of complaint.
Rule 36.4. Signatures.
All judgments, orders, pleadings and other documents shall bear the signature of the responsible attorney or party who prepared the document, with the preparer's name, proper address and telephone number typed or printed underneath.
Rule 36.5. Location of original.
All original documents, petitions and pleadings in both civil and criminal matters shall remain in the custody of the clerk except as provided by the judge, these rules, or as otherwise provided by law; provided, however, that this rule shall not prohibit an attorney of records checking the file out for transportation to the judge for a hearing.
Rule 36.6. Minutes and final record.
There shall be one or more books or microfilm records (combined "Minutes Book", "Writ or Pleading Record" and "Final Record") called Minutes and Final Record in which each entire matter shall be recorded after completion. (This does not include adoptions.) After recording, the original may be destroyed according to the state retention schedule or stored off premises as provided by law. [In state court, see State Court Rule 36.6.]
Rule 36.7. Filing of Transcripts.
Transcripts in all matters shall be filed as provided by law and the clerk shall not be required to record or preserve these in a bound book or on microfilm.
Rule 36.8. File categories.
The categories of files to be established by the clerk shall be civil, criminal, and adoptions. [In state court, see State Court Rule 36.8.]
Rule 36.9. Identification.
Each matter, civil, criminal, adoption, or otherwise, shall be identified by year of filing, type of case, consecutive case number and judge assignment where required. The sequence shall be as follows: year of filing type of case consecutive case number judge assignment.
Rule 36.10. Filing requirements Civil.
Complaints or petitions presented to the clerk for filing shall be filed only when accompanied by the proper filing fee, fee for sheriff service or a paupers affidavit, a civil case initiation form, and, when applicable, any forms required by law or rule to be completed by the parties. The attorney or party filing the complaint shall furnish the necessary service copies. Judgments, settlements, dismissals and other dispositions presented to the clerk for filing shall be filed only when accompanied by a civil case disposition form.
Rule 36.11. Return of service Civil.
Entry of return of service shall be made by the sheriff or other authorized person on a form provided by the clerk and filed with the clerk.
Rule 36.12. Advance costs Civil.
Advance costs paid upon filing shall be the minimum costs in a case.
Rule 36.13. Filing requirements Criminal.
All indictments, no bills, and accusations presented to the clerk shall be filed and should be accompanied by all applicable documents including arrest warrants, if issued, and the Georgia Crime Information Center OBTS form, if the offense is one for which an OBTS form is applicable.
Rule 36.14. Filing of no bills.
The clerk shall prepare a list of all no bills, a copy of which shall be recorded in the Minutes and Final Records. No bills shall be filed chronologically by date of filing.
Rule 36.15. Assessment of costs Criminal.
When costs are assessed the minimum amount assessed as court costs in the disposition of any criminal offense shall be $100.00. Any surcharge provided for by law shall be in addition. [In state court, see State Court Rule 36.15.]