Atlanta March 10, 2004
The Honorable Supreme Court met pursuant to adjournment.
The following order was passed:
It is ordered that Uniform Juvenile Court Rules 7.1, 7.9 be amended to read as follows:
7.1 When Discovery is Permitted. Discovery may be allowed in all cases where deprivation is alleged, or where the termination of parental rights is requested or in cases where matters of custody have been referred to the juvenile court by a superior court. Any discovery so permitted shall be at the discretion of the judge to whom the case is assigned, and any such discovery allowed shall be made in conformance with Article V of the Civil Practice Act, O.C.G.A. §§ 9-11-26 through 9-11-37, except as modified by these rules. Discovery in any case in which delinquency is alleged shall be as provided by O.C.G.A. § 15-11-75.
7.9 Other motions. All other pretrial motions must be made in writing and filed not later than three (3) days, excluding weekends and holidays, before the adjudicatory hearing unless otherwise permitted by the court. If any such motions necessitate an evidentiary hearing, the procedures in Rule 7.2 (c) concerning notice and service must be followed.
It is ordered that a new Rule 25.4 be adopted to read as follows:
25.4 Conflicts. This rule shall be in conformity with Superior Court Rule 17.
Uniform Juvenile Court Rules 3.4, 4.5 and 12.1 are amended to conform to recent changes in the Juvenile Code by amending the statutory citations, to read as follows.
3.4 Initiation of Proceedings for Sealing of Records. See O.C.G.A. § 15-11-79.2. The court shall give reasonable notice of the hearing to:
1. Any court or agency to which any information or records have been disseminated; and
2. Any court to which a case or records have been transferred for supervision, disposition or otherwise.
Rule 4.5 Motion for Extension. A motion for the court to extend its previous order pursuant to O.C.G.A §15-11-58(n), § 15-11-58.1 or §15-11-70 shall be treated as a new proceeding in the court and shall be subject to the provisions of Rule 4.1 regarding the filing of a complaint form, JUV-2. The motion shall not be filed in the office of the clerk of juvenile court unless it is accompanied by a properly completed complaint form. The case shall be entered into the juvenile court docket and treated as any other new proceeding.
Rule 12.1 Continuance. See O.C.G.A. §15-11-56(b) and §15-11-65(c).
Paragraph 9(B)(1)(I) and Paragraph9(B)(2)(g) of the Docketing Guildilines of the Uniform Rules Appendix: Guidelines for Maintaining a Juvenile Court Docket for the Council of Juvenile Court Judges of Georgia are amended to read as follows:
Paragraph 9(B)(1)(i) of the Docketing Guidelines. A motion to extend probation arising out of a delinquency case is filed. O.C.G.A. §15-11-70.
Paragraph 9(B)(2)(g) of the Docketing Guidelines. A motion to extend probation arising out of an unruly case is filed. O.C.G.A. 15-11-70.
It is ordered that Uniform Juvenile Court Rule 3.8 be amended to read as follows:
3.8 Forms. All courts shall use the forms prescribed by these rules. Use of the Complaint Form, JUV-2, shall be required. All other forms listed below shall be used as provided or in another form which is in substantial conformity with the one provided below:
1. Delinquent/Unruly Petition, JUV-3;
2. Standard Deprived Petition, JUV-4;
3. Motion for Extension of Order, JUV-6.
4. Summons and Process, JUV-7;
5. Subpoena, JUV-8;
6. Subpoena to Produce, JUV-9;
7. Notice of Transfer to Adult Criminal Court, JUV-10;
8. Application for Bond, JUV-11;
9. Affidavit and Warrant, JUV-12;
10. Order of Detention, JUV-13;
11. Adult Commitment Order, JUV-14;
12. Order of Commitment, JUV-15;
13. Juvenile Court Docket Sheet, JUV-16;
14. Informal Adjustment Agreement, JUV-17;
15. Parental Notification of Abortion Petition, JUV-18;
16. Order for Shelter Care, JUV-19;
17. Pre-Trial Juvenile Rights Form, JUV-20;
18. Social History Face Sheet and Format, JUV-21;
19. Motion for Access to a Juvenile Court Proceeding, JUV-22;
20. Court Order in Response to a Motion for Access to a Juvenile Court Proceeding (granting motion), JUV-23;
21. Court Order in Response to a Motion for Access to a Juvenile Court Proceeding (denying motion), JUV-24;
22. Request to Install Recording And/Or Photographic Equipment Pursuant to Rules and Guidelines for Electronic and Photographic News Coverage of Juvenile Court Proceedings, JUV-25;
23. Court Order in Response to a Request to Install Recording And/Or Photographic Equipment Pursuant to Rules and Guidelines for Electronic and Photographic News Coverage of Juvenile Court Proceedings (approval of motion), JUV-26;
24. Court Order in Response to a Request to Install Recording And/Or Photographic Equipment Pursuant to Rules and Guidelines for Electronic and Photographic News Coverage of Juvenile Court Proceedings (denial of motion), JUV-27;
25. Parental Notification Certificate: Hearing Not Held/More Than 24 Hours Elapsed, JUV-28;
26. Parental Notification Certificate: Hearing Not Held/Failure to Appear/No Motion for Continuance, JUV-29;
27. Parental Notification Certificate: Hearing Held/No Decision Rendered Within 24 Hours, JUV-30.
(a) Form size. All prescribed forms, written reports, briefs, pleadings, and other documentary evidence used in the juvenile courts shall be on letter size paper, 8 ½” x 11″ in size.
(b) Style of Pleadings, Motions and Briefs. Any pleadings, motions or briefs not filed on the forms adopted herein shall be styled in the same manner and shall contain the same information as contained on the petition forms prescribed under these rules.
(c) Maintenance of Prescribed Forms. It shall be incumbent upon the clerk of the juvenile court to order and maintain a supply of all forms prescribed by Rule 3.8. The forms shall be paid for out of county funds and purchased through a local vendor.