The procedure is the same for attorneys and for self-represented litigants.

Step One:  A verified Complaint (lawsuit) with a separate, verified Motion for Emergency Hearing must be filed with the Clerk of Superior Court to get a judge assignment.   The Motion for Emergency Hearing may be hand-written.  It should explain why the case cannot wait for the first available date with the assigned Judge and needs to be heard as an emergency.

Step Two:   The Movant [party bringing the emergency motion] then contacts the assigned judge’s office to request their earliest possible date for a hearing.  If the Movant would like an earlier date than that provided by the assigned judge, they may request a Senior Judge hear the motion.

Step Three:  A courtesy copy of the verified Complaint and Motion for Emergency Hearing must be presented by email to the Presiding Judge’s Staff Attorney, Brett E. Conway, and Administrative Assistant, Audrey Hastings at Brett.Conway@cobbcounty.org and Audrey.Hastings@cobbcounty.com.  The Movant must copy all parties on the email and include the date the assigned judge provided from “Step Two.” 

Step Four:   The Presiding Judge and the Staff Attorney will review the verified Complaint and Motion for Emergency Hearing to determine whether the issues warrant an emergency hearing.

Step Five:  If the Presiding Judge determines the case should be heard on an emergency basis, the Presiding Judge will issue a separate hearing order specifying the date, time, and courtroom.

Step Six:  Legal Service on the opposing party is required.  The Movant has the responsibility of seeing that the opposing party is personally served with the lawsuit and hearing date.

Legal Personal Service on the opposing party can be done by a Cobb Sheriff's Deputy or by a hiring Private Process Server.

A private process server delivers a court order and/or documents that compel an individual's presence in court. The process server cannot be a party to the Complaint referenced in the documents. The process server must show proof that the documents were in fact served, which is typically accomplished with a notarized proof of service.

PLEASE NOTE:

• A hearing date will not be provided over the phone. 
• A request for an emergency hearing will not be accepted through the U.S. Postal Service or by phone.
• Any delay in bringing an emergency request before the Court is deemed as evidence of a lack of a “true” emergency.

Go to the TPO Office located on the 4th Floor of the Cobb Magistrate Court Building, 32 Waddell Street, Marietta, Ga. 30090. The telephone is (770) 528-8024.
 

Court employees cannot give legal advice or tell you how to fill out forms. Here are some options if you need legal help:

* Cobb Bar Association Lawyer Referral Line, 770-424-2947
* Atlanta Legal Aid, Cobb office, 770-528-2565.

Students wishing to pursue study in uncommon programs not available within their home state may be able to take advantage of the Academic Common Market. This is a program whereby legal residents of 16 Southern states can attend specified out-of-state graduate programs without paying out-of-state tuition.

The Academic Common Market Form (ACMF) is obtained by contacting the State Coordinator at 404-962-3081.

The ACMF must be completed and notarized prior to presenting the form to the Presiding Judge for signature.

Bring the completed and notarized ACMF to Courtroom 4400 located on the 4th floor of the Superior Court (70 Haynes Street, Marietta, Georgia 30090) on Monday  OR  Wednesday OR  Friday at 11 am.  

The student must appear in person and present the form along with a current driver’s license showing the student's address is in Cobb County.

A Qualified Domestic Relations Order may be used when a portion of a retirement plan should be paid to another person, often as part of a divorce.   

The QDRO must be signed by both parties and notarized before  presenting it to the Judge. If an attorney for the moving party is presenting the QDRO, that attorney must also sign the QDRO.

A QDRO may be requested in person or by mail it to the Presiding Judge who granted the divorce, at the Superior Court of Cobb County, 70 Haynes Street, Marietta, GA 30090.

No appointment is necessary for presenting in person. If the Judge who granted the divorce is not on duty, the QDRO will be held in that Judge’s office until that Judge is back on duty. After it is signed, the QDRO will be forwarded to the Clerk of Superior Court for filing. A certified copy may be obtained from the Clerk.

If you are applying for a liquor license and need a Certificate of Residency signed by a Judge, you must present the Certificate of Residency form to the Probate Judge located on the 1st Floor, Cobb Magistrate Court Building, 32 Waddell Street, Marietta, Ga. 30090.

The Superior Court Presiding Judge will not sign a Certificate of Residency/Domicile for any foreign national wishing to obtain a document establishing or proving Georgia residency status.

The Presiding Senior Judge holds an uncontested domestic calendar each business day at 9:30 a.m. in Courtroom 4400 of the Superior Court of Cobb County.

An attorney may request a hearing date for the uncontested domestic calendar, if service has been perfected, by coming in person to see the Civil Calendar Clerk or by phoning the Civil Calendar Clerk in the Clerk of Superior Court’s Office located on the 1st Floor, Main Cobb Superior Court Building, (770) 528-1334.

A self-represented litigant must appear in person to request a hearing date for the uncontested domestic calendar by seeing the Civil Calendar Clerk in the Clerk of Superior Court’s Office located on the 1st Floor, Main Cobb Superior Court Building.

Proof of service must be presented to the Civil Calendar Clerk, either by Acknowledgment of Service or by Sheriff’s entry sheet. Once proof of service has been obtained and the self-represented litigant appears in person to the Civil Calendar Clerk.

If service is by publication, the case will be scheduled 65 days from the first date the publication appears in the Marietta Daily Journal.