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Superior Court Forms and FAQs

Disclaimer

The Superior Court of Cobb County does not provide legal advice, nor is it engaged in the practice of law. This website provides general legal information only. According to O.C.G.A. 15-19-51, it is illegal for anyone but a duly licensed attorney to give legal advice. 

Under no circumstances will Court Administration, the Clerk of the Court, the State of Georgia, Cobb County Government, or anyone contributing to the production of these forms, commentary, instructions, and appendices be liable for any indirect or consequential damages resulting from their use. By using this website and the links provided, you acknowledge and agree that the Superior Court of Cobb County and its staff are not responsible for any errors or omissions on the website, or any site linked within, nor for any damages resulting or alleged to result from its use or application.

Use these forms at your own risk. These forms may or may not be appropriate in your particular case. Any desired outcome from the use of these forms cannot be predicted or guaranteed. It is strongly recommended that you seek legal advice.

Court Administration Forms

Court Appearances and Other Forms

Court Appearances
Request to Waive In-Custody Transport
Important Note:  An attorney may request that an in-custody defendant not be transported for a routine court appearance using the Request to Waive In-Custody transport form above.  Once completed, this form must be emailed or otherwise forwarded to both the assigned judge's office and the assigned prosecutor, in  order for it to be effective.

Request to Use Recording Device (Rule 22)
Rule 22 (Request To Use A Recording Device Pursuant To Rule 22 On Recording Of Judicial Proceedings)

Boykin Rights Form

Disinterment Packet

 

Family Law Forms

Poverty Affidavit

If you are filing more than one case, a separate Poverty Affidavit is required for each case. Complete the form and have it notarized before presenting it for review. Bring the notarized affidavit, along with the completed and signed action (complaint, petition, etc.) you wish to file without paying the filing fee. You must also bring proof of income, such as pay stubs or unemployment stubs and copies of your bills.

Poverty Affidavits are heard each Friday at 2 p.m. in the Superior Court, 70 Haynes St., Courtroom 4400 (Fourth Floor). If you arrive after the appointed time, you will not be heard and will have to return on another Friday. 

Poverty Affidavit Packet (Full document)

Individual forms contained within this packet:

Frequently Asked Questions

How do I find an attorney?

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.

How do I schedule a hearing for my uncontested divorce?

An attorney may request a hearing date for the Uncontested Divorce 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 Divorce Calendar before the Presiding Judge 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, a hearing date will be scheduled 50 days from the date service is filed.

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

How do I obtain a Temporary Protective Order?

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.
 

How do I request an Emergency Hearing?

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

Step One:  A verified Complaint (lawsuit) with a separate Motion for Emergency Hearing (also verified) must first be filed with the Clerk of Superior Court to get a Judge assignment.  The Motion may be hand-written. The Judge assignment is required because some Judges prefer to hear their own emergency hearings.  The Clerk of Superior Court is located on the 1st Floor, Main Cobb Superior Court Building.

Step Two:   A Rule Nisi (an Order to appear before the Assigned Judge) with the first available hearing date before the assigned Judge must be obtained from either the Clerk of Superior Court or the Assigned Judge.

Step Three:  A courtesy copy of the verified Complaint (lawsuit) and Motion for Emergency Hearing must be presented by email to the Presiding Judge’s Staff Attorney at [email protected]

Step Four:   The Presiding Judge and the Staff Attorney will review the verified Complaint (lawsuit) and Motion for Emergency Hearing to determine if the issues authorize 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 Rule Nisi (an Order to appear before the Presiding Judge) with a set date, time, and courtroom to appear before the Presiding Judge.

Step Six:  Legal Service on the person/persons on the other side is required.  The moving party (the person/persons requesting the emergency hearing) has the responsibility of seeing that the person/persons on the other side are personally served with the lawsuit and hearing date.

Legal Personal Service on the person/persons on the other side of an emergency hearing can be by a Cobb County Deputy Sheriff or by a Process Server (a process server is a person who delivers a court order and/or documents that compel a defendant’s presence in court.  The process server cannot be a party to the particular case mentioned in the documents.  The process server must also show proof that the documents were in fact served, which is typically accomplished with a notarized proof of service).

The names of process servers approved by Cobb Superior Court can be found by visiting our Forms Page.   Scroll  down and select, “Permanent Process Server Forms”.  The process server lists and applications can all be found here.   

PLEASE NOTE:

A hearing date will not be provided over the phone. 
A request for 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.
 

How do I get an Academic Common Market Form signed?

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.

How do I get a Qualified Domestic Relations Order signed?

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.

How do I get a Certificate of Residency for my liquor license application?

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.