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- Common Legal Terms | ClerksOffice
Legal Terms Action - A court proceeding when one party prosecutes another for the protection or enforcement of a right, the prevention or correction of a wrong, or the punishment of an offense. Affiant - The person who swears to an affidavit. Affidavit - A written statement of facts sworn to or affirmed under oath in the presence of a notary public. Affirmation - A formal declaration under penalties of perjury that a statement is true, without an oath. Answer - The formal written response by a defendant to a statement of claim which sets forth the grounds for his or her defense. Bail - Security (usually in the form of money) given for the release of a criminal defendant from legal custody to ensure the defendant's future appearance on the day and time set by the court. Bail Bond - A document purchased from a bondsman that is given to the court instead of money for bail. Once signed by the defendant, he or she is released from custody on the condition that the amount stated on the bail bond will be forfeited should the defendant not appear in court at the required time. Bench - The Judge's seat or the Judge, himself/herself. Case - A lawsuit or judicial proceeding intended to solve a controversy between parties. Civil Case - An action brought by a person or party to recover damages or property, to force someone to honor a contract or to protect one's civil rights. Cause of Action - The facts that make the basis for a case or lawsuit. Counterclaim - An independent cause of action, usually by the defendant, that opposes or offsets a previous claim made by the plaintiff. Damages - An award of money paid by the losing party to the winning party to compensate for losses or injury incurred. Decision - The determination reached by a court in any judicial proceeding that is the basis of the judgment. Default - The failure of a defendant to file an answer or appear in a civil case within the prescribed time after having been properly served with a summons and statement of claim. Default Judgment - A judgment made in favor of the plaintiff because of the defendant's failure to answer or appear to contest the plaintiff's claim. Defendant - The accused in a criminal case or, in a civil case, the person or organization against whom the plaintiff brings an action. Defense - The defendant's facts or arguments that demonstrate why the plaintiff is not entitled to the relief requested in a civil case. Dispossessory - An action to evict a person from possession of land or rental property. Docket - A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. Domicile - That place where a person has a true and permanent home. A person may have several residences but only one domicile. Evidence - Any type of proof that is legally presented at trial through witnesses, records and/or exhibits. Exhibit - A document or material object produced and identified in court for the purpose of introducing it as evidence in a case. Each of these documents or objects is ordinarily given an identifying letter or number in alphabetical or numerical sequence before it is offered as evidence. File - To deposit in the official custody of the Clerk of the Court to enter into the files or records of a case. Filing Fees - Money paid to the court to start a civil case. Jurisdiction - 1) The legal authority of a court to hear and decide a case. Small Claims Court can handle civil claims up to $15,000; 2) The geographic area over which the court has authority to decide cases. For example, you must sue a corporation in the county where it is doing business, where it is incorporated or where the registered agent is located. [The registered agent is the party who should be served for the corporation.] Individuals must be sued in the county in which they reside; and 3) the territory, subject matter or persons over which lawful authority may be exercised by a court, as determined by constitution or statute, e.g., the Small Claims Court cannot try cases involving divorce or family matters or where the court is called upon to decide who is the legal owner of real estate. Laches - The failure to diligently assert a right which results in a refusal to allow relief. Landlord - An owner also called a "lessor", who rents out real property to a tenant, also called "lessee". Lawsuit - 1) A legal action started by a plaintiff against a defendant based on a statement of claim that the defendant failed to perform a legal duty, which resulted in harm to the plaintiff, 2) a legal dispute brought to a court for resolution. Lease - An agreement for renting real property. A lease is usually written and for a set term, such as one year. A residential rental agreement can be oral and is presumed to be month-to-month. Lien - A claim upon property of another as security for some debt. Minor - A person under the age of 18 years. Party - One of the litigants. At the trial level, the parties are typically referred to as the plaintiff or complainant and the defendant or respondent. On appeal, they are known as the appellant and appellee. Plaintiff - The party bringing a civil case. Promissory Note - A written document by which one person promises to pay money to another. Proof of Service - The form filed with the court that proves the date on which the documents were formally served on a party in a court action. Pro se - Refers to persons who present their own cases without lawyers, from the Latin for "on one's own behalf". Replevin - An action brought by the owner of items to recover possession of those items when those items were wrongfully taken or are wrongfully kept. Service of Process - The delivery of legal documents to the opposing party, completed by an adult over the age of 18, who is not a party to the action, who swears to the date and method of delivery to recipient. Settlement - An agreement reached among the parties that resolves the case at any time before court findings. Small Claims Case - A civil case for monetary judgment of $15,000 or less. Small Claims Court - The division of the trial court that handles civil cases seeking monetary awards of $15,000 or less. Small Claims Court is designed to be simple, quick and less costly than a regular civil lawsuit. In Small Claims Court, either party may appear pro se (without a lawyer), and there is no jury.The plaintiff and defendant may appeal an adverse decision by the judge. Statement of Claim - A written statement filed by the plaintiff that initiates a civil case, stating the wrongs allegedly committed by the defendant and requesting relief from the court. Statute of Limitations - A law that sets the deadline by which parties must file suit to enforce their rights. Subpoena - An official order to attend court at a stated time. The most common use of the subpoena is to summon witnesses to court for the purpose of testifying in a trial. Subpoena duces tecum - An official order to produce documents or records at a stated place or time. Summons - A notice to the defendant that an action against him or her has been commenced in the court issuing the summons and that a judgment will be taken against him or her if the statement of claim is not answered within a certain time. Tenancy at will - A right to occupy property for an indefinite term that is created by the owner or person in lawful possession giving permission to another person to occupy the property. Terminating a tenancy at will requires the same legal procedure as terminating a month-to-month tenancy. Tenant - A person who rents property. Testify - To give evidence under oath as a witness in a judicial proceeding. Testimony - Evidence presented orally by witnesses during trials. Verdict - The decision of a trial jury that determines the final outcome of a civil case. Warrant - A written order issued and signed by a judicial officer directing a peace officer to take specific action. Can be 1) an arrest warrant, i.e., one that commands a peace officer to arrest and bring before the court the person accused of an offense for the purpose of commencing legal action; 2) a benchwarrant, i.e., a written order issued by the court from the judge or bench commanding a person's arrest because of his or her failure to appear in court; 3) a recall warrant i.e. a procedure for removing from Department of Justice and state police computers information concerning cancelled warrants in order to avoid mistaken arrests; or 4) a search warrant, i.e., an order issued by a judge, based on a finding of probable cause, directing law enforcement officers to conduct a search of specific premises for specific persons or things and to bring them before the court.
- Plat Information | ClerksOffice
Plat Information Effective January 1, 2017 All plats must be filed electronically. Plats will no longer be accepted for filing in paper format. The move to require the eFiling of plats was mandated with the passage of HB 1004 (15-6-67) during the Georgia General Assembly legislative session. Register at https://efile.gsccca.org/ to begin the eFiling process. For more information regarding eFiling requirements please click on the link https://www.gsccca.org/learn/efiling-information/plat or download the instructions below. Registration for Plat eFiling – Instructions How to eFile a Plat – Instructions Effective May 8, 2017 Please be advised that on May 8, 2017 the Governor signed House Bill 76, this law became effective immediately. Please visit https://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/76 for the full copy of the house bill. If you have any questions or concerns regarding the eFile process, please contact the Cherokee Superior Court Clerk’s Office at 678-493-6535 or the Georgia Superior Court Clerks’ Cooperative Authority customer support at 1-800-304-5174 or email@example.com .
- ZOOM TRAFFIC COURT | ClerksOffice
ZOOM TRAFFIC COURT DOCUMENTS DOCUMENTS FOR CASES WITH ATTORNEY PLEA PACKET-ATTORNEY **DOWNLOAD HERE** PLEA PACKET- ATTORNEY (SPANISH) **DOWNLOAD HERE** PRESENCE WAIVER **DOWNLOAD HERE** WAIVER OF JURY TRIAL **DOWNLOAD HERE** DOCUMENTS FOR SELF-REPRESENTED (NO ATTORNEY) PLEA PACKET---SELF-REPRESENTED **DOWNLOAD HERE** PLEA PACKET---SELF-REPRESENTED (SPANISH)**DOWNLOAD HERE** PRESENCE WAIVER **DOWNLOAD HERE** WAIVER OF JURY TRIAL **DOWNLOAD HERE** PROBATION INSTRUCTIONS GEORGIA PROBATION MANAGEMENT REPORTING INSTRUCTIONS **DOWNLOAD HERE** CHEROKEE PROBATION REPORTING INSTRUCTIONS **DOWNLOAD HERE**
- Standing Orders COVID | ClerksOffice
COVID 3.13.20- Order Declaring Judicial Emergency 3.18.20- Order to Address Essential Functions 3.19.20- Misdemeanor Traffic and Game and Fish Offense Schedule for Duration of Judicial Emergency 3.25.20- Order on Public Access 3.26.20- First Amendment to Order Addressing Essential Functions 4.7.20- Order Declaring Extension of Judicial Emergency 4.8.20- Order on Videoconferencing 4.16.20- Order for Transcription of Criminal Hearings During State of Judicial Emergency 4.28.20- Order Extending January Term of Court 5.12.20- Amended Order on Public Access 5.12.20- Order Declaring Second Extension of Judicial Emergency 6.19.20- Order on Justice Center Safety Protocols and In-Court Judicial Proceedings 7.6.20- Revised Misdemeanor Traffic and Game and Fish Offense Schedule for Duration of Judicial Emergency 7.13.20- Order Declaring Local Judicial Emergency 8.12.20- Order Extending Local Judicial Emergency 9.2.20- Order Continuing Grand Jury 11.2.20- Order Appointing Jury Trial Resumption Committee 11.11.20- Amended Order Appointing Jury Trial Resumption Committee 12.18.20- Order Declaring Local Judicial Emergency 12.29.20- Amendment to Order Declaring Local Judicial Emergency 1.15.21- Order Extending Local Judicial Emergency 2.17.21- Order Extending Local Judicial Emergency 3.2.21- Jury Trial Resumption Plan 3.9.21- Guidelines During Judicial Emergency 6.25.21- Order Terminating Emergency Misdemeanor Traffic and Game and Fish Offense Schedule 7.1.21- Order Declaring Local Judicial Emergency 7.30.21 - Order Extending Local Judicial Emergency 8.5.21 - Order Amending Order Extending Local Judicial Emergency 8.16.21 - Order Extending Local Judicial Emergency 8.30.21 - Order Extending Local Judicial Emergency 10.1.21 - Temporary Safety Measures for All Classes of Courts 10.1.21 - Order Granting Relief from Statutory Speedy Trial Requirements Pursuant to OCGA 38-3-62(b) 12.3.21 - Order for Temporary Safety Measures for All Classes of Courts
- Patty Baker | Patty Baker
Patty Baker Clerk of Superior, State, and Magistrate Court I wanted to thank the citizens of Cherokee County for their continued confidence in me. I look forward to serving you for another four year term. I can promise that I will not let you down. I take my oath of office very serious and will continue to work hard. This is a responsibility I do not take lightly, and I will continue to maintain and safeguard your court and land records. I would like to thank my staff for their hard work and dedication to this office. I could not do what I do without you! I would also like to thank my campaign manager and better half, my husband, for his support and shoulder to lean on. Contact
- Post Judgment Collection | ClerksOffice
POST JUDGMENT COLLECTION PROCEDURES POST JUDGMENT INTERROGATORIES DIRECTIONS POST JUDGMENT INTERROGATORIES ANSWER TO INTERROGATORIES MOTION TO COMPEL ANSWERS TO POST JUDGMENT INTERROGATORIES FAQS FOR PERFECTION OF LIEN OR LEVY ON AUTOMOBILE These forms are provided by the Magistrate Court Council, as with any forms we urge you to do legal research prior to using forms.
- Obtaining Copies | ClerksOffice
Obtaining Copies If you need to obtain a copy of a document filed in Superior, State or Magistrate court, first determine the type of copy you require. Georgia law determines the cost charged for copies, the Clerk of Court's office can not waive these fees. We have a statutory obligation to collect fees for copies. If you would like a regular copy, you can purchase and print them from our online portal Docket search-purchase copies You can also obtain eCertified copies online via e cert.gsccca.org The Clerk of Court's mailing address is 90 North Street Suite G-170 Canton GA 30114 Regular Copy You may come in to our office or request the copy by mail. If you would like a regular copy online, you can purchase and print them from our online portal Docket search-purchase copies If you come to our office, you can obtain copies by using our public search terminals or request assistance from the clerks in the office Regular copies printed from the public search terminals are $.50 per page Regular copies in which assistance is required are $1.00 per page If you would like to request a regular copy by mail, please include the following information: Names of parties referenced in case Case number, if available Title of document to be copied (final decree, settlement agreement, etc) Type of copy Cost of copies (if you are unsure the exact number of pages, please contact the Clerk of Court's Office) Regular--$ 1.00 per page by mail We will also need a self addressed stamped envelope for returning the copies Money order or cash for payment of copies (we do not recommend sending cash through the mail) The Clerk of Court's mailing address is: 90 North Street Suite G-170 Canton, GA 30114
- General Civil and Domestic Information F | ClerksOffice
Cherokee County Clerk's Office is unable to provide forms or packets. All forms must be drafted by an attorney or the individual requesting court action. As clerks we are unable to provide legal advice (venue, jurisdiction, forms required, etc.) pursuant to O.C.G.A 15-19-51 (A)(4). If you need assistance with divorce filing requirements, we strongly suggest you consult with an attorney. Civil and Domestic Information Form Civil and Domestic Disposition Form General Civil and Domestic Relations Case Filing Instructions Provide the class of court and county in which the case is being filed. Provide the plaintiff’s and defendant’s names. Provide the plaintiff’s attorney’s name and State Bar number. If you are representing yourself, provide your own name and check the self-represented box. Provide the primary type of case by checking only one appropriate box. Cases can be either general civil or domestic relations and only one type of primary case within those categories. Check the case type that most accurately describes the primary case. If applicable, check one sub-type under the primary case type. If you are making more than one type of claim, check the case type that involves the largest amount of damages or the one you consider most important. See below for definitions of each case type. Provide an answer to the four questions, at bottom, by checking the appropriate boxes and/or filling in the appropriate lines.
- First Time Applicant | ClerksOffice
First Time Applicants You Must Apply in Person If: You are applying for your first U.S. passport; or You are under age 16; or Your previous U.S. passport was issued when you were under age 16; or Your previous U.S. passport was lost, stolen, or damaged; or Your previous U.S. passport was issued more than 15 years ago; or Your name has changed since your U.S. passport was issued and you are unable to legally document your name change. Please note that you: Must not sign the application until instructed to do so by the Acceptance Agent. Must provide your Social Security Number in accordance with 26 U.S.C. 6039E . Failure to provide information requested on the form, including your social security number, may result in significant processing delays and/or the denial of your application. 2. Submit Form DS-11: Application For A U.S. Passport In Person You must submit Form DS-11 in person at an authorized Passport Application Acceptance Facility or Passport Agency . NOTE: There are special submission requirements for All Minors Under Age 16 . 3. Submit Evidence of U.S. Citizenship When applying for a U.S. passport in person, evidence of U.S. citizenship must be submitted with Form DS-11. All documentation submitted as citizenship evidence will be returned to you. These documents will be delivered with your newly issued U.S. passport or in a separate mailing. Primary Evidence of U.S. Citizenship (One of the following): Previously issued, undamaged, and fully valid U.S. Passport (5 year for minors or 10 years for adults) *Certified U.S. birth certificate (must meet all of the following requirements): issued by the City, County, or State of birth Lists bearer's full name, date of birth, and place of birth Lists parent(s) full names Has date filed with registrar's office (must be within one year of birth) Has registrar's signature Has embossed, impressed, or multicolored seal of registrar Consular Report of Birth Abroad or Certification of Birth Naturalization Certificate Certificate of Citizenship