All original documents, petitions and pleadings in both civil and criminal matters shall remain in the custody of the clerk except as provided by the judge, these rules, or as otherwise provided by law; provided, however, that this rule shall not prohibit an attorney of record’s checking the file out for transportation to the judge for a hearing.
Rule 36.5.Location of Original
Rule 36. FILING AND PROCESSING · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceKeeps original documents, petitions, and pleadings in civil and criminal cases in the clerk’s custody except as a judge, these rules, or other law provide, though an attorney of record may still check out the file to bring it to a hearing.
Full Text of Rule 36.5
Plain-English Summary
Rule 36.5 answers a basic but important question: where does the original file live? The answer is the clerk’s office. Original documents, petitions, and pleadings in both civil and criminal cases stay in the clerk’s custody unless a judge orders otherwise, the rules themselves provide for something different, or another law says so.
The rule carves out one practical exception. An attorney of record can check the file out to carry it to a hearing before the judge — a routine need in courthouses where the judge’s chambers and the clerk’s office are separate spaces. Beyond that narrow purpose, the file is not meant to leave the clerk’s control.
Keeping originals centralized protects against loss, tampering, and confusion about which copy is authoritative. It also dovetails with Rule 36.6’s requirement that completed matters eventually get recorded into the Minutes and Final Record, since the clerk needs to control access to the file to make sure that recording happens accurately.
Frequently Asked Questions
Who has custody of original documents filed in superior court?
The clerk has custody of all original documents, petitions, and pleadings in both civil and criminal matters.
Can an attorney remove the case file from the clerk’s office?
Yes, but only for transportation to the judge for a hearing — the rule specifically permits an attorney of record to check the file out for that purpose.
Are there exceptions to the clerk’s custody of original files?
Yes. The rule allows exceptions “as provided by the judge, these rules, or as otherwise provided by law.”
Does Rule 36.5 apply to criminal case files as well as civil ones?
Yes, it expressly covers original documents, petitions, and pleadings “in both civil and criminal matters.”
Does checking a file out for a hearing change who has custody of it?
No. The rule frames this as a permitted exception for transportation to a hearing, not a transfer of custody away from the clerk.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: Georgia court file custody ruleUSCR 36.5 location of original documentscan attorney check out court file Georgiaclerk custody of pleadings superior courtoriginal court documents storage rule