Cobb County Courts

As Georgia's third most populous county, Cobb County is home to over 787,000 residents, representing approximately 7.04% of the state's total population. The county's trial court system comprises several courts, most of which are located in the county seat, Marietta, while others operate in municipalities such as Kennesaw, Austell, Powder Springs, and Smyrna. Additionally, Cobb County's trial courts handle a broad range of cases that vary in subject matter and severity:

• Cobb Superior Court has exclusive jurisdiction over all divorce cases, property disputes, and all serious criminal offenses.
• Cobb State Court presides over all civil matters not reserved for the Superior Court, misdemeanor cases, and traffic violations.
• Cobb Magistrate Court handles eviction proceedings, ordinance violations, small claim cases, and preliminary hearings in criminal matters.
• Cobb Probate Court is responsible for matters involving estate administration, appointment of guardians and conservators, and mental health commitment.
• Cobb County Municipal Courts adjudicate traffic citations issued by city police, city code violations, and misdemeanors punishable by fine.
• Cobb County Juvenile Court has exclusive jurisdiction over cases involving minors, including juvenile delinquency, dependency and child welfare matters, truancy, and traffic offenses committed by juveniles.

Annually, Cobb County trial courts manage a significant number of cases, with approximately 179,000 case filings and about 166,000 dispositions. Around 97,000 of these cases are criminal-related, primarily addressed by municipal courts. On average, the county also records about 2,500 juvenile filings, 3,000 probate cases, 6,500 domestic matters, and approximately 120 mental health cases.

How To Access Cobb County Court Records

Following the Georgia Open Records Act, Cobb County court records are generally public and accessible. They may be inspected and copied unless sealed by court order or specifically exempted under state law. Records not open to the public include juvenile records, sealed criminal cases, and certain sensitive civil matters, such as those involving trade secrets, mental health, or dependency proceedings.

The process and requirements for obtaining court records may vary slightly depending on the court clerk's office where such records are maintained. Requesters may be required to provide a valid photo ID or state-issued ID, along with details such as the case number, filing date, or the names of the parties involved, when conducting a court record lookup using any of the following methods:

Online

To understand how to access court records online in Cobb County, interested parties must first identify the appropriate court division where the case was heard. Each trial court (excluding the Cobb Juvenile Court) provides a designated portal that facilitates public access to court records through its official website. Users are generally required to provide identifying information such as a tag number, case number, party name, or citation number to conduct an effective search. The online portals provide access to various case types, including criminal, civil, estate, will, conservatorship, and trust records.

Publicly accessible court records in Cobb County may be searched through the following designated portals:

• Superior Court Case Search: Provides access to civil and criminal case records managed by the Superior Court Clerk.
• State Court Records Search: Facilitates searches for civil, traffic, and misdemeanor cases filed since the late 1990s.
• Probate Court Case Status and Records Search: Covers probate matters, including wills and conservatorships.
• Magistrate Court Judicial Records Search: Offers access to civil and criminal judicial records from the Magistrate Court.

Besides official county websites, individuals may access court records through third-party platforms that offer a more convenient and sometimes cost-effective alternative to visiting courthouses in person. For example, CourtCaseFinder aggregates court records from publicly available sources and may assist users in locating court records in Cobb County and other jurisdictions in the United States.

For federal cases, interested persons may locate case records using the Public Access to Court Electronic Records (PACER). This system provides access to federal court documents filed in the Northern District of Georgia, which includes Cobb County.

In-Person

To find Cobb County court records in person, individuals may visit the courthouse where the case was filed or heard. Each court has a clerk who is responsible for maintaining its records and assisting with access requests. Records are generally available during regular office hours on weekdays, and requesters may need to present a valid photo ID along with relevant case details. Many courthouses also offer public access terminals for onsite searches of publicly available records.

Fees may apply when requesting copies or certified copies of court records. For in-person requests, the Superior Court Clerk charges $1.00 per page for copies, with an additional $2 per document for certification.

Old and Archived Court Records

Interested parties seeking older or archived court records may do so by visiting the courthouse or submitting a written request to the appropriate court clerk. For instance, civil, eviction, and garnishment case documents filed before 2006 are stored off-site and may only be reviewed upon request, which must be accompanied by an advance payment of $7 to the Cobb County State Court Clerk.

In addition, the Georgia Archives may be a valuable resource for looking up historical documents, especially those involving probate matters. The Archives is open to the public from Tuesday through Saturday, between 9:00 a.m. and 4:00 p.m., and is located at:

How To File a Case in Cobb County

To initiate a case filing in Cobb County, individuals must determine the appropriate court with jurisdiction over their matter and confirm with the court clerk if the case is within the court's jurisdiction. Depending on the case type and the court involved, filings may be submitted in person, by mail, or electronically. For instance, the Cobb County Superior Court accepts civil case filings through the PeachCourt website. The Magistrate Court processes civil filings through the eFlex portal, while the Probate Court accepts filings in person at the courthouse, by mail, or through its designated drop box.

Filing a case in Cobb County may involve paying a filing fee, which may vary by court and case type. In the Cobb County Superior Court, matters such as name changes, adoptions, or divorces may cost up to $218. However, reduced rates may apply for filings submitted by state or local government agencies. In Magistrate Court, plaintiffs pay a $60.50 filing fee to initiate a civil case. If the plaintiff requests service of process through the Sheriff's Office to notify the defendant, an additional service fee, typically between $25 and $50 per party, will be charged.

In the State Court, the base filing fee is approximately $202, and payments may be made by cash, cashier's check, debit card, or MasterCard. The total cost of filing a case may increase if additional services are required.

Moreover, individuals who cannot afford court filing fees may apply for indigent status in the Cobb Superior Court by submitting a completed and notarized Poverty Affidavit. If approved, the court may waive both filing and service fees. Applicants must take the notarized affidavit, a completed and signed complaint or petition, proof of income, and copies of recent bills for review during a scheduled hearing.

In summary, parties interested in filing a case within Cobb County must identify their case type, prepare the necessary documents or fill the required forms either online or in person, file their case with the relevant court, pay the filing fees or apply for a fee waiver if needed, and serve the defendant with a summon or complaint.

Legal Help and Self-Help Resources

Legal help and self-help resources are essential in promoting access to justice in the United States, particularly for individuals navigating the court system without legal representation or those unable to afford private attorneys. These resources may help tackle the challenges faced by pro se litigants by providing tools and guidance to better understand complex legal procedures and requirements.

Pro se litigants in Cobb County may benefit from services offered by the Cobb County Law Library, including access to bound legal publications, online research databases, and various legal periodicals. Besides research materials, the library also offers programs to assist self-represented individuals. One such initiative is Lawyer in the Library, in which participants are allowed a free 30-minute consultation with a Legal Aid attorney during official hours, from Monday to Wednesday. Additionally, the library hosts a series of recorded legal lectures designed to help Pro Se litigants understand legal issues relevant to their cases.

Moreover, Pro Se litigants may conduct legal research using Westlaw, a comprehensive legal database available on-site at the Cobb County Law Library. For those conducting research remotely, the library recommends online resources like:

• Nolo Legal Articles
• Justia US Law
• Georgia Legal Aid
• Georgia Municipal Codes
• FindLaw

Income-eligible litigants, persons living with disabilities, veterans, or victims of wrongful conviction may also qualify for structured legal assistance through legal aid organizations and pro bono programs such as:

• Atlanta Legal Aid Society: Offers civil legal services to low-income individuals in areas such as health law, family law, housing, and consumer issues.
• Atlanta Volunteer Lawyers Foundation (AVLF): Provides pro bono legal assistance for low-income clients in matters involving evictions, domestic violence, consumer disputes, and family law.
• Georgia Innocence Project: Offers free post-conviction legal help to individuals, including Cobb County residents, who have been wrongfully convicted. Cases often involve new evidence such as DNA testing.
• Georgia Justice Project: Provides legal assistance to individuals facing barriers to housing or employment due to their criminal records and advocates for second chances.
• Latin American Association (LAA): Delivers affordable legal support to Latino and immigrant communities in matters related to naturalization, DACA, asylum, family petitions, and deportation defense. Services are provided by licensed attorneys and accredited representatives.

Types of Courts in Cobb County, Georgia

Cobb County is served by multiple courts, including county-level trial courts, municipal courts operating within local jurisdictions, and the United States District Court for the Northern District of Georgia. Below is a list of these courts, along with their respective jurisdictions and contact information:

Cobb County Superior Court

• Jurisdiction - Exclusive jurisdiction in title to land disputes, divorce matters, and felonies punishable by the death penalty or incarceration of more than one year. This court also handles misdemeanors and contract disputes.
• Contact Information -

Cobb County State Court

• Jurisdiction - Driving Under the Influence (DUI), ordinance violations, traffic violations, foreclosures, torts, dispossessory actions, and medical malpractice.
• Contact Information -

Cobb County Probate Court

• Jurisdiction - probate of wills, guardianship and conservatorships, mental health and substance abuse commitments, and issuance of marriage and weapon carry licenses.
• Contact Information -

Cobb County Juvenile Court

• Jurisdiction - juvenile-related matters, including status offenses (such as truancy), delinquency proceedings, dependency cases, and juvenile traffic violations.
• Contact Information -

Cobb County Magistrate Court

• Jurisdiction - small claims cases, dispossessory proceedings (evictions), garnishments, first appearance hearings for misdemeanor arrests, county ordinance violations, preliminary hearings, and lien foreclosures.
• Contact Information -

Municipal Courts in Cobb County

Jurisdiction - These courts adjudicate municipal and city ordinance violations, traffic violations, simple drug possession, shoplifting, and other misdemeanors within city limits.

The six municipal courts operating within Cobb County are listed below:

The City of Marietta Municipal Court

The City of Kennesaw Municipal Court

Austell Municipal Court

Acworth Municipal Court

Smyrna Municipal Court

Powder Springs Municipal Court

There are no federal courts physically located within Cobb County. However, the county falls under the jurisdiction of the United States District Court for the Northern District of Georgia, specifically the Atlanta Division. As a result, federal cases arising from Cobb County are heard at the location below:

Frequently Asked Questions (FAQs) About Cobb County Courts