Gwinnett County Courts

Gwinnett County's population of over 950,000 residents makes it the second most populous county in Georgia. Named after Button Gwinnett, the county's largest city is Peachtree Corners, and the county seat is Lawrenceville. Residents of the county are served by the Superior, State, Juvenile, Probate, Magistrate, Recorder's, and Municipal Courts. These courts hear different types of cases, depending on each court's jurisdiction:

• Gwinnett County Superior Court typically hears felonies, lesser-included offenses, divorces, annulments, legal separations, medical malpractice cases, contractual disputes, real property title disputes, domestic violence protection orders, and appeals from lower courts.
• Gwinnett County State Court typically hears misdemeanors, civil cases, traffic offenses, contractual disputes, and appeals from the magistrate court.
• Gwinnett County Probate Court generally handles admission of wills, appointment of guardianships and conservatorships, management of estates and trusts, and involuntary commitments.
• Gwinnett County Magistrate Court usually handles misdemeanors, preliminary hearings for felonies, small claims, landlord-tenant issues, and civil cases with claims of $15,000 or less.
• Gwinnett County Juvenile Court generally deals with juvenile matters, including juvenile delinquency, minors in need of supervision, truancy, emancipation, and paternity cases.
• Gwinnett County Recorder's Court typically hears traffic offenses and county code violations.

The county's municipal courts, including those in Lawrenceville, Dacula, Berkeley, Duluth, Buford, Snellville, and Lilburn, hear municipal ordinance violations.

According to the Judiciary Council of Georgia Administrative Office of Courts, the Gwinnett County Superior Court handles about 6,500 criminal cases, 4,000 general civil cases, and 10,000 family and domestic relations cases yearly. The State Court of Gwinnett County handles an average of 39,000 criminal cases and 5,000 civil cases annually. Also, the Gwinnett County Magistrate Court hears approximately 90,000 cases each year, while the county's municipal courts handle about 75,000 cases annually.

How To Access Gwinnett County Court Records

Court records are typically accessible to the public in Gwinnett County. According to the Georgia Open Records Act, anyone may view or obtain copies of the county's court records, provided they are not exempt from public disclosure by law or court orders.

Exempt records generally include adoption records, juvenile records, expunged/sealed court records, medical and mental health records, and child protection orders. Also, some sensitive portions of court records, including Social Security Numbers, trade secrets, financial statements, and license plate numbers, may be redacted.

Generally, a record seeker may need to provide a valid government-issued photo ID before obtaining copies of court records in the county. They may also need to provide details of the records, including case numbers, parties' names, and dates of birth, to access the county's court records. Gwinnett County court records may be accessed in any of the following ways:

Online

Gwinnett County court records may be accessed through re:SearchGA. Also, Recorder's Court records may be accessed through the Recorder's Court Case Search portal, while those of the Superior, State, Magistrate, and Probate Courts may be accessed through the Gwinnett Courts Portal.

In addition, interested persons may search for court records from Gwinnett County through CourtCaseFinder. The platform provides court records from every county in the U.S. by aggregating publicly available court records.

Furthermore, records of federal cases heard in Gwinnett County may be accessed on the Public Access to Court Electronic Records service (PACER). Record seekers are required to register on the platform for free, but may be required to pay stipulated fees before they can access court records.

In-Person

Record seekers may access Gwinnett County court records in person by visiting the relevant court clerk. The Gwinnett County Clerk of Court maintains court records from the Superior, State, Juvenile, and Magistrate Courts, and typically makes them available to the public. Similarly, municipal and Recorder's courts' clerks maintain court records for their respective courts. Furthermore, requesters may access the county's court records by using the public terminals within the premises of some courthouses.

Old and Archived Court Records

The county's old records, which are no longer available in the clerk's office, may be obtained from the Georgia Archives. The State Archives keeps old and historic court records for all counties in the state, including Gwinnett County. Interested individuals may contact them at:

Georgia Archives

How To File a Case in Gwinnett County

Anyone interested in filing a case in Gwinnett County must first determine the relevant court with jurisdiction to hear the case and the applicable statute of limitations. They may contact the Gwinnett County Clerk of Court's Office to verify which court can handle the case they intend to file. They may only file a case in the county if at least one of the defendants resides in the county.

Once the court has been identified, the case may be filed electronically on E-FileGA, by mail, or in person. Electronic filing of cases is mandatory for all civil cases in the Superior and State Courts, but optional for Magistrate Court cases and existing Superior and State Courts criminal cases. They must prepare all required documents, ensuring to state the circumstances that led to the case, the parties involved, and the relief they are seeking from the court. They may find filing forms and instructions on the court's website.

Typically, filing a case in Gwinnett County incurs certain fees, depending on the case type and the court. Litigants may review the filing fee schedules for the Superior, State, and Magistrate Courts on their websites. Persons unable to pay the filing fees may apply for fee waivers. They may complete the Affidavit to Proceed In Forma Pauperis form (Superior, State, and Magistrate) and submit it with supporting documents to the clerk of the court. The court will review the application and grant an order waiving the fee to qualified persons.

After filing a case, the litigant must serve the defendants. They may serve them through the Gwinnett County Sheriff's Office or private process servers. The following steps are usually required to file a case in Gwinnett County:

• Determine the case type and the Court that has jurisdiction.
• Prepare the relevant documents, including filling out required forms and making adequate copies. Provide a comprehensive description of the events that necessitated the case, along with the details of the parties involved in the lawsuit. Attach relevant documents, exhibits, and available evidence to support the case.
• Pay the filing fees or obtain fee waivers if eligible.
• File the petition or complaint with the relevant court and serve the defendants with copies of the petition or complaint.

Legal Help and Self-Help Resources

County court systems are crucial to guaranteeing access to justice throughout the United States. Legal aid and self-help resources are foundational to this access, particularly for self-represented or indigent litigants navigating civil, family, probate, or small claims matters. These resources vary by jurisdiction but commonly include online portals, self-help centers, legal aid organizations, and court-affiliated assistance programs.

Litigants who cannot afford the services of an attorney in Gwinnett County may get help from local pro bono panels and legal aid groups. These groups typically assist in such cases as domestic violence, sex trafficking, seniors, public benefits, and housing. However, government officials are not allowed to provide legal advice or act as personal attorneys to litigants. The following self-help and legal aid resources are available to persons in the county who lack sufficient funds for legal representation:

• Free Legal Representation for Low-income Persons
• Georgia Legal Aid
• Gwinnett Family Law Clinic
• State Bar of Georgia Pro Bono Resource Center
• Georgia Justice Project
• Gwinnett Pro Bono
• Georgia Law Center for the Homeless
• Private Lawyer Referral Services
• Atlanta Bar Association Referral Service
• American Bar Association Program

Other legal aid services and self-help resources available to Gwinnett County residents include the following:

• Housing Court Assistance Center (HCAC)
• Georgia Lawyers For the Arts

Types of Courts in Gwinnett County, Georgia

Gwinnett County residents are served by multiple courts, including juvenile, Superior, state, magistrate, municipal, recorder's, and federal courts. Each court's jurisdiction and contact information are listed below:

Gwinnett County Superior Court

• Jurisdiction/Cases Heard: Felonies, lesser-included felonies, domestic relations, equity, domestic violence protection orders, real property titles, and appeals.
• Address and Contact Information

State Courts in Gwinnett County

• Jurisdiction/Cases Heard: Misdemeanors, traffic violations, and civil cases.
• Address and Contact Information

Gwinnett County Juvenile Court

• Jurisdiction/Cases Heard: Juvenile delinquency, unruly behaviour, dependency, juvenile traffic offenses, termination of parental rights, paternity, and emancipation.
• Address and Contact Information

Gwinnett County Probate Court

• Jurisdiction/Cases Heard: Admission of wills, estates, and trusts administration, involuntary mental health commitments, and appointment of guardianships and conservatorships.
• Address and Contact Information

Gwinnett County Recorder's Court

• Jurisdiction/Cases Heard: traffic offenses and county ordinance violations.
• Address and Contact Information

Gwinnett County Magistrate Court

• Jurisdiction/Cases Heard: Civil cases with claims under $15,000, preliminary felony hearings, county ordinance violations, and landlord-tenant disputes.
• Address and Contact Information

Gwinnett County Municipal Courts

• Jurisdiction/Cases Heard: municipal ordinance violations.

Municipal Court of Berkeley Lake

Address and Contact Information

Municipal Court of Dacula

Address and Contact Information

Municipal Court of Buford

Address and Contact Information

Municipal Court of Duluth

Address and Contact Information

Municipal Court of Lilburn

Address and Contact Information

Municipal Court of Lawrenceville

Address and Contact Information

Municipal Court of Norcross

Address and Contact Information

Municipal Court of Snellville

Address and Contact Information

Municipal Court of Peachtree Corners

Address and Contact Information

Municipal Court of Suwanee

Address and Contact Information

Municipal Court of Sugar Hill

Address and Contact Information

Federal Courts in Gwinnett County

The following are the federal courts for Gwinnett County:

United States District Court for the Northern District of Georgia

• Jurisdiction/Cases Heard - handles criminal and civil cases arising from federal laws and the United States Constitution within the district. It hears cases such as immigration proceedings, federal crimes, and cases involving the U.S. Government.
• Address and Contact Information -

United States Bankruptcy Court for the Northern District of Georgia

• Jurisdiction/Cases Heard - Bankruptcy cases.
• Address and Contact Information -

Frequently Asked Questions (FAQs) About Gwinnett County Courts

Answers to some frequently asked questions about the courts in Gwinnett County, Georgia, are provided below: