Family Law Section • Bench Information

Division 4: Judge Gail Flake

Staff and Contact Information
Secretary Diane Kennedy, 404-371-2909
Calendar Clerk Susan Riggle, 404-371-4709
Law Clerk Lisa Young, 404-371-4940

Faxes
Our fax machine is reserved for emergency submissions only; please call this office at 404-371-2909 to inquire whether the Court will accept the document you wish to send by fax.

Email
The Court does not accept e-mailed submissions (messages or documents) and I do not generally communicate with parties or counsel by e-mail. Ms. Kennedy and Ms. Riggle may so communicate (again, no documents accepted by e-mail) but please contact them directly to inquire and to obtain their e-mail addresses.

Rule Nisi
Rule nisi are issued on contempt motions by the Court through Ms. Riggle. We require a copy of the filed motion, proposed nisi, and a written request for a hearing date (which may be as informal as a post-it note), and those documents may be mailed to the Court directly or hand-delivered to the 6th floor reception desk (Judicial Tower).

Temporary Hearings
We generally schedule temporary hearings in domestic relations cases upon written request addressed to the Court, but the Court may decline to hear any domestic relations matter on an interim basis based upon the facts of that case.

TPOs/Domestic Violence Issues
Division IV TPO’s are heard by the Magistrate Court by designation.  Subsequent motions for a “permanent” TPO or contempt motions on temporary protective orders are typically heard by the Magistrate Court by designation, not by Judge Flake.

MFJOP
Judge Flake will consider motions for judgments on the pleadings in most divorce cases, PROVIDED THAT THE FILE IS COMPLETE AND CORRECT before the motion is filed.  Please do not request a judgment on the pleadings in a case involving minor children if ALL of the documents required by USCR 24 have not been filed of record.  (Exception:  if service is by publication, we certainly understand why you couldn’t get a DRFA or settlement agreement from the defendant….)  If you file a MFJP at the same time the divorce is filed (we have no objection to the early interposing of such motions) please be sure to provide us with a courtesy copy, or we will not have notice of your motion.

Mediation
Parties may attend mediation by written application to the Court (letter or motion, provided it reflects service upon all parties), and we typically have mediators available for consultation at the commencement of each civil and domestic trial calendar.

Discovery Disputes
Parties may seek the intervention of the Court in discovery disputes by written motion. We do NOT accept letter submissions in lieu of motions. Please be sure that you have complied with USCR 6.4 (B) before filing your motion and that you certify that compliance in the motion or an attachment. Judge Flake typically does not hear oral argument on discovery motions, nor is the Court or her staff available by telephone to “intervene” during a deposition or other discovery proceeding. If a dispute arises during a discovery proceeding, preserve your objections on the record and make your motion in writing later.

Pre-Trial Matters
Joint consolidated pretrial orders are required in accordance with and as set forth in USCR 7.2 (West 2010). The notice of trial published in the Champion newspaper indicates when such pretrial orders are due to be submitted to the Court; failure to timely comply subjects the offending party to dismissal/default without further notice. A party who wishes a pretrial conference may request the same by letter or motion addressed directly to the Court.

Final Hearings
Regarding final hearings in civil cases (except adoptions), a party may request placement on a trial calendar by written request. We hear “uncontested” divorces, name changes, and annulments by appointment only one morning of most weeks; please contact Ms. Riggle by telephone at 404-371-4709 to schedule such an uncontested final hearing.

GALs
The Court appoints guardians ad litem in domestic relations cases only where it appears that the interests of the parties are potentially adverse to that of the children.  Request for the appointment of a guardian should be made by motion, which should include at a minimum the grounds for such request and a proposal as to how such guardian will be paid and by whom.

Court Reporters
The Court reporter assigned to our Division is Dianne Karampelas, at 404-371-2590. If you wish your proceeding taken down, please so indicate at the call of the calendar.