Part II · Filings
Rule 13. DETERMINATION OF FILING DATE
Except as otherwise provided in this rule, a document will be deemed filed on the date that it is received electronically by the Court or is physically received in the Clerk's Office. For purposes of electronic filing of documents, any document received electronically between 12:00 a.m. and 11:59 p.m. shall be deemed filed on that date, as long as the filing otherwise complies with this Court's rules. See Section (3) below for the motion for reconsideration exception.
(1) Electronic Filing.
(a) Any party represented by an attorney is required to submit filings through the electronic filing system and shall follow the policies and procedures governing electronic filing as set out in the Court's electronic filing instructions at https://www.gasupreme.us/sced/ , unless the Court determines in a particular case that the filing shall be limited to conventional paper filing or unless the Court grants a request for exemption from mandatory electronic filing for good cause shown.
(b) Pro se filers may utilize the electronic filing (SCED) system, but are not required to. Pro se filers electing to utilize the SCED system shall follow the policies and procedures governing pro se electronic filing set out in the Court's electronic filing instructions at https://www.gasupreme.us/sced/ unless the Court determines in a particular case that the filing shall be limited to conventional paper filing.
(2) Conventional Paper Filing.
(a) Physical Delivery Paper Filing. Except as otherwise provided in this rule, a paper filing will be deemed filed on the date and time it is physically received in the Clerk's Office with sufficient costs, if applicable, or an affidavit of indigence; a proper certificate of service; and otherwise in conformity with these rules. 17
(b) Filing by Mail or Commercial Delivery. A document transmitted by priority, express, or first-class (including certified or registered) mail via the United States Postal Service, or by a third-party commercial carrier for delivery to the Clerk within three days, shall be deemed filed on the date shown by the official postmark affixed by the United States Postal Service (not a private or commercial postage meter) or the commercial carrier's transmission form on the envelope or package containing the document, but only if the envelope or package is properly addressed, postage is prepaid, and the postmark or transmission date is legible. Otherwise, the document will be deemed filed on the date the document was physically received in the Clerk's Office. This rule does not apply to motions for reconsideration. See Rule 13(3).
(c) Filings by Pro Se Prisoners.
(i) A document submitted by a prisoner who is not represented by counsel shall not be deemed filed untimely if the date that the prisoner delivers the document to prison officials for forwarding to the Clerk is within the time for filing. In the absence of an official United States Postal Service postmark showing a date on or before the filing deadline, such delivery shall be shown by the date on a certificate of service or on an affidavit submitted by the prisoner with the document stating that the prisoner is giving the document to prison officials with sufficient prepaid postage for first-class mail. Such a certificate or affidavit will give rise to a presumption that the date of filing reflected therein is accurate, but the State may rebut that presumption with evidence that the document was given to prison officials after the filing deadline or with insufficient postage. If the institution has a system designed for legal mail, the prisoner must use it to benefit from this rule. This rule does not apply to motions for reconsideration. See Rule 13(3).
(ii) Discretionary and interlocutory applications filed by a pro se prisoner pursuant to OCGA § 5-6-34 (Interlocutory Application) and OCGA § 5-6- 35 (Discretionary Application) shall be governed by Rule 13 (2) (c) (i). However, the docket date, for purposes of the Court's processing and 18 adherence to statutory deadlines, shall be the date the application was physically received in the Clerk's Office.
(3) Motions for Reconsideration. Except when otherwise ordered, all motions for reconsideration must be physically received or electronically filed in the Clerk's Office within ten days of the order or judgment for which reconsideration is sought. See Rule 27. This rule applies to pro se prisoners, notwithstanding Rule 13(2)(c).