1. What forms do SB 176 (Act No. 716)
require attorneys and/or parties to file?
The act requires
filing of a case initiation and case disposition form for each civil case filed in superior court or state court. The type of case initiation and case disposition form that must be filed depends upon whether the civil case is a "domestic relations" or a "general civil" case. For the purpose of determining which initiation and disposition forms should be filed, the act includes as types of domestic relations cases petitions pertaining to divorce, annulment, separate maintenance, adoption, paternity, legitimation, Interstate Support Enforcement, domestication of a foreign custody decree, and the Family Violence Act. All other civil cases are considered "general civil." The following forms have been designed and approved by the Authority for
use:
- General Civil Case Filing Information Form (Non-Domestic)
- General Civil Case Final Disposition Form (Non-Domestic)
- Domestic Relations Case Filing Information Form
- Domestic Relations Final Disposition Information Form
2. How do I get copies and/or
a supply of the forms?
The
Authority has mailed a supply of each form to all Clerks of
Superior Court. Additionally, the forms are available on
several websites including www.gsccca.org
. For electronic copies of the forms, please visit our SB 176 Files and Forms Section.
3.
Is the Authority going to provide
Clerks of Superior Court a summary of the act to send to attorneys as notice of the requirements of the act?
Yes. The Authority is preparing information that
will be mailed to all Clerks of Superior Court and posted to this web site.
4.
I am not ready to transmit the data electronically. What do I do?
The
Authority has developed a scanning software program that was mailed to each clerk’s office. If you have not received the SB 176
ScanSend Version 2.0 CD or are having any problems loading it, call Technical Support at 800.304.5174.
5.
What happens if the scan station breaks down and I can't scan for a few days?
The goal is to have everyone either scanning the forms in or sending them in electronically, but it is inevitable that there will be hardware and
software breakdowns. So while it is not the preferred method, you can also fax the forms to the Authority at 404.327.7877 or even mail them.
6.
The UCC scan station
is located in another building, so I don't have access to a
scanner. Will the Authority provide another scanner to my
office so that I can scan the
forms?
Call David Williams at the Authority for more information or to discuss further.
7.
How often do I
transmit the forms/data to the
Authority?
While the legislation doesn’t address how
often the clerk must transmit the forms/data, the Authority is
required to transmit the data to the Georgia Courts Automation
Commission every three days. Our suggestion is to
transmit on a daily basis.
8. Whose responsibility is it
to make sure the proper form is filed with the
case?
By state law, it is the responsibility of the filing party to include the proper case initiation or disposition form with the case filing.
9. What happens if the
filing party presents a case for filing at the courthouse
without the form attached?
Clerks should not reject the
filing but remind the filing party that state law requires them to complete and attach
with the filing the appropriate case initiation or disposition form. Clerks are encouraged to keep a small quantity of the forms at their office and make them available to the public.
10. What should the clerk do
if there is no form attached to the case?
If
the filing is received by mail or the filing party refuses to
complete the appropriate case initiation or disposition form,
it is recommended that the clerk's office complete the "Notice
of Non-Compliance" form the Authority has provided so that the
case can be filed.
11.
Does the clerk have to complete the
"Notice of Non-Compliance" and send it to the Clerks' Authority?
This
form is not mandated by law. It is provided as a convenience
to the clerk so that they can process the case and do not have
to return the filing to the filing party. The form is
available (for use by Superior and State Court Clerks only)
from the Authority’s website (www.gsccca.org) or by clicking here.
12.
What date do clerk's offices start sending in the forms to the GSCCCA?
The first business day of July, which is July 3, 2000.
13.
Should clerks' offices transmit disposition forms from cases
filed prior to July 1, 2000?
Yes.
14. What do I do if the
number of defendants and/or plaintiffs in the case exceeds the
number of spaces provided on the
forms(s)?
The
filing party is encouraged to list all parties on the case. If
the number of parties to the action exceeds the number of
spaces on the form(s), then the filing party can use an
additional sheet and list each party under a heading of
plaintiff and/or defendant or use additional copies of the
appropriate form and make sure the related case number is on
all pages/forms.
15. Who should I call
if my office needs more S.B. 176 filing
forms?
Clerks may call the Georgia Superior Court Clerks' Authority, while the general public is encouraged to use the interactive forms on the Authority’s website at
www.gsccca.org.
16.
I am planning to send the forms/data electronically but my program is not ready
yet. Where can I fax the forms?
Clerks’ offices can fax the forms to either 404.327.7877 or 404.327.6346. The public must file the form with the clerk's office where the case is filed.
17.
What is the basis of this project?
S.B.
176 (Act No. 716) is the genesis of this project. The legislation was written on the recommendation the State Bar of Georgia’s Court Filings Committee.
18.
Why do I have to file this form and how will the consolidated
data be used?
At
the request of the State Bar of Georgia, the Georgia Court
Automation Commission is gathering this information to study
the number of tort cases filed, the overall number of civil
cases filed, the size and scope of the verdicts and other relevant information. This civil justice database will eventually enable Georgia lawmakers to better set public policy regarding judicial reform and allocation of
resources to the state's judicial circuits.
19.
Does it cost the attorney anything extra to attach this form along with the case when it is filed with the Clerk of Superior or State Court?
No.
20. Where can
I find the enabling legislation for S.B. 176?
A link to the
enabling legislation is available at www.gsccca.org or by clicking here.
21.
Does S.B. 176 (Act No. 716) affect any cases other than civil cases?
No.
22.
Is the clerk required to process the forms they receive?
Yes. S.B. 176 (Act No. 716) requires the Clerk of Superior or State Court to send the data/forms to the GSCCCA for inclusion into a statewide database that is then sent to the Georgia Court Automation Commission for analysis.
23.
Who should be listed as the reporting
party?
The person completing the form.
24.
Once I transmit/scan the case initiation (or disposition) form to the
Clerks' Authority, do I have to keep the hardcopy form?
No.
25. What block should be
checked on the Domestic Relations Case Filing Information Form
for a new case dealing with child
support?
It
is recommended that you check the block titled “Interstate
Support Enforcement
Action.”
Georgia Superior Court Clerks' Cooperative Authority
1875 Century Blvd, Suite 100, Atlanta, GA 30345
Telephone: (404)327-9058 -- Fax: (404)327-7877
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