Rule 39. Docketing and indexing.

Rule 39.1. Dockets to be maintained.

Rule 39.2. The Civil Docket.

Rule 39.2.1. Civil case initiation form.

Rule 39.2.2. Modification of the civil case initiation form.

Rule 39.2.3. Civil case disposition form.

Rule 39.2.4. Modification of the civil case disposition form.

Rule 39.3. The Criminal Docket.

Rule 39.4. Lis Pendens Docket.

Rule 39.5. General Execution Docket.

Rule 39.6. Adoption Docket.

Rule 39.7. Required forms.

Rule 39.8. Suggested forms.

Rule 39.9. Court information.

Rule 39.1. Dockets to be maintained.

Each clerk shall maintain the dockets as provided in this Rule 39 of the following, each of which shall include the information required under these rules. Each docket shall bear the name of the docket, the county, and a unique consecutive number. No other dockets shall be required to be kept except those relating to real estate.

Rule 39.2. The Civil Docket.

The Civil Docket shall contain separate case number entries for all civil actions filed in the office of the clerk including: complaints, motions, URESA's, domestic relations, contempt actions, modifications on closed civil actions, and all other actions civil in nature, except adoptions. Each action in the civil docket shall be indexed by the names of all parties to the action number or the civil docket book and page number. This docket shall contain entries of the following information:

(A) Action Number a unique case number shall be assigned to each action as prescribed in Rule 36.9;

(B) Cause of Action an entry of the specific type of action filed;

(C) Names of all attorneys of record;

(D) Names of all parties;

(E) Date of filing;

(F) Advance cost paid;

(G) Additional costs paid;

(H) Date of service;

(I) Type of service, including whether a second original is sent and where;

(J) The date and type of specific disposition of the action, including clear entries for:

(1) Dismissals (with or without prejudice);

(2) Settlements;

(3) Judgments and the type of judgment, i.e., summary, default, on the pleadings, consent, on the verdict, notwithstanding the verdict, directed and so forth. In the event the case is a divorce, enter final decree and the type of judgment;

(4) Five year or other administrative termination; and

(5) Transfer to court with proper jurisdiction and venue.

(K) Whether the verdict or judgment is for the plaintiff or the defendant;

(L) Whether there was a mistrial;

(M) The date of the trial, if any;

(N) Whether the case was tried (with or without jury);

(O) The name of the judge making the final disposition of the case;

(P) Date a Fi. Fa. was issued;

(Q) A cross reference to the minutes and final record and page number;

(R) A cross reference to the records storage area and box number if the case file is stored off site; and

(5) A summary of all pleadings in the case and the dates of their filings, transcripts filed, motions for new trial, notices of appeal, and remittiturs.

Rule 39.2.1. Civil case initiation form.

The clerk shall require the attorney filing a civil action to complete the civil case initiation form. The clerk shall enter the action number for the case on the civil case initiation form and the form shall become part of the file for the case. The clerk shall use the cause(s) of action indicated by the attorney completing the form to enter the cause(s) of action upon the civil docket of the court, unless it appears to the satisfaction of the clerk by an inspection of the pleadings that the cause(s) of action has been recorded in error by the attorney. If the wrong cause(s) of action has been recorded, the clerk shall correct the civil case initiation form and enter the correct cause(s) of action upon the civil docket of the court.

Rule 39.2.3. Civil case disposition form.

Any order disposing of a civil action presented for consideration to a judge by any attorney or party shall be accompanied by a completed civil case disposition form. If the order is prepared or refrained by the court, the court shall cause the civil case disposition form to be completed or corrected, if necessary. The civil case disposition form shall be sent to the clerk along with the relevant order to become part of the file for the case. The clerk shall require any attorney or party filing a voluntary dismissal or settlement of a civil action to complete a civil case disposition form. The form shall become part of the file for the case. The clerk shall use the specific type of disposition found on the completed civil case disposition form to enter the specific type of disposition upon the civil docket of the court, unless it appears to the satisfaction of the clerk by an inspection of the order that the type of disposition has been recorded in error. If the wrong type of disposition has been recorded, the clerk shall correct the civil case disposition form and enter the correct type of disposition upon the civil docket of the court.

Rule 39.2.4. Modification of the civil case disposition form.

If additional information is deemed necessary by the court at disposition, the civil case disposition form may be modified to include new items by using the blank space available at the bottom of the form.

Rule 39.3. The Criminal Docket.

The Criminal Docket shall contain a record of all criminal indictments in which true bills are rendered and all accusations filed in the office of the clerk of superior court and a summary of the pleadings in each case. Entries shall be made of the following information:

(A) Number a unique number shall be assigned to each indictment which receives a true bill or accusation filed pursuant to Rule 36.9;

(B) Date of filing;

(C) Names of defendants and their OBTS numbers (the preprinted Offender Tracking No. found on the GCIC final disposition report);

(D) Names of defense attorneys;

(E) An enumeration of the specific types of offenses (counts);

(F) Whether the case was brought by accusation or indictment;

(G) Whether each count is a felony or misdemeanor, or a traffic ticket, and if a traffic ticket, the citation number;

(H) The name of the judge making the final disposition of the case;

(I) The plea and date of plea for each count in the case, including whether the plea was guilty not guilty nolo contendere, mentally incompetent to stand trial, and whether or not the plea was negotiated;

(J) Whether the case was tried with or without a jury;

(K) The disposition for each count in the case and the date of disposition including whether the count was dismissed, a nolle prosequi entered, a verdict of guilty was rendered, a verdict of not guilty was rendered, a verdict of not guilty by reason of insanity, or a verdict of guilty but mentally ill;

(L) A listing of the dates and types of proceedings in the case including motions for new trials;

(M) The date and type of sentence including term, conditions, and amount of costs, fines or restitution for each defendant;

(N) The date of issuance of a bench warrant and officers return;

(O) The date of issuance of a judgment absolute;

(P) The date of issuance of scire facias;

(Q) The date the transcript was filed;

(R) The date application was made for sentence review;

(S) The date notice of appeal was filed;

(T) The date the remittitur was filed;

(U) A cross reference to the minutes and final record and page number; and

(V) A cross reference to the records storage area and box number if the case file is stored off site.

Rule 39.4. Lis Pendens Docket.

The Lis Pendens Docket shall contain all lis pendens filed with the clerk and shall be properly indexed by the names of the parties.

Rule 39.5. General Execution Docket.

The General Execution Docket shall contain all Fi. Fas.

The information to be entered shall be:

(A) Names of the parties and attorneys of record;

(B) Names of county and court in which judgment was issued;

(C) The date of judgment;

(D) The date of issuance of the Fi. Fa.;

(E) The date of the recording of the Fi. Fa. on the General Execution Docket;

(F) The number of the case on which the judgment was rendered; and

(G) The amount of principal, costs, attorney fees, interest, penalties, and total amount of the Fi. Fa. on the case.

Nulla Bona's and satisfactions are to be noted on the original entry. Re issued Fi. Fas. shall be recorded as a new Fi.Fa. in the General Execution Docket. A cross reference to that new entry shall be made on the original entry of the Fi. Fa. or the last renewal of the Fi. Fa. which is less than seven years old. [In state court, see State Court Rule 39.5.]

Rule 39.6. Adoption Docket.

The original files shall suffice as the Adoption Docket. Each adoption shall be given a unique consecutive case number pursuant to Rule 36.9. The adoption index shall contain the names of the petitioners. All adoptions shall be recorded in a separate adoption minutes and final record which shall be properly indexed. All adoption records, including the index, shall be kept sealed and locked and shall be confidential unless otherwise ordered by the judge.

Rule 39.7. Required forms.

The forms listed below shall be required for use in all superior courts in this state:

SC 1 Summons

SC 2 Sheriffs Entry of Service

SC 3 Service by Publication

SC 4 Notice of Publication

SC 5 Writ of Fieri Facias

SC 6 Final Disposition Form (Criminal)

SC 6.1 First Offender Sentence Form

SC 6.2 Youthful Offender Sentence Form

SC 7 Exemplification

SC 8 Witness Subpoena

SC 9 Subpoena for the Production of Evidence

SC 9.1 Subpoena for the Production of Evidence at a Deposition

SC 13 Civil Case Initiation Form

SC 14 Civil Case Disposition Form

Rule 39.8. Suggested forms.

The forms listed below are suggested for use in all superior courts:

SC 10 Civil Docket Form (space saver size 8 1/2" x 11")

SC 11 Civil Docket Form (space saver size 8 1/2" x 11")

SC 12 Criminal Docket Form (space saver size 8 1/2" x 11")

Rule 39.9. Court information.

The chief judge of each circuit may require the superior court clerk of each county of that circuit to furnish to the chief judge within 10 days after the end of each month, a general civil, domestic relations and a criminal caseload management report. The Chief Justice of the Georgia Supreme Court may request copies of the information that is furnished to the Chief Judges of the circuits pursuant to this rule.

The case types, events types and disposition methods used in these reports will conform to Judicial Council guidelines for reporting caseload. Each such report shall include the following.

(A) the number of cases filed by case type in the prior month and year to date;

(B) the number of cases disposed by case type and disposition method in the prior month and year to date;

(C) the number and type of pending cases;

(D) a list of cases more than 120 days old (criminal) and 180 days old (civil/domestic relations) to include the following data:

(i) case number,

(ii) style,

(iii) case type,

(iv) filing date,

(v) next event scheduled,

(vi) date of that event; and

(E) any other information the Chief Judge requests that is contained within court standardized computer programs.