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Cobb County Court Records

What Is Cobb County Court Records

Court records in Cobb County encompass all official documentation generated during legal proceedings within the county's court system. These records serve as the official account of court actions and are maintained pursuant to Georgia Open Records Act § 50-18-70. Court records typically include case files, dockets, pleadings, motions, orders, judgments, transcripts, exhibits, and sentencing information.

Court records are distinct from other public records such as:

  • Property records (deeds, liens, tax assessments)
  • Vital records (birth, death, marriage certificates)
  • Business records (licenses, permits)
  • Voter registration information

In Cobb County, court records are maintained by several courts within the judicial system:

  • Superior Court (felony criminal cases, civil cases over $25,000, domestic relations)
  • State Court (misdemeanors, civil cases under $25,000, traffic violations)
  • Magistrate Court (small claims, ordinance violations, preliminary hearings)
  • Probate Court (wills, estates, guardianships, marriage licenses)
  • Juvenile Court (delinquency, dependency, custody matters involving minors)

The Cobb County Judicial Circuit maintains records for cases involving civil litigation, criminal proceedings, family law matters, probate issues, and traffic violations. These records are preserved to ensure transparency in judicial proceedings and to provide an accurate historical account of legal actions within the county.

Are Court Records Public In Cobb County

Court records in Cobb County are generally accessible to the public in accordance with the Georgia Open Records Act § 50-18-70 et seq., which establishes the presumption that public records, including court records, should be open for inspection by any citizen. Additionally, the Georgia Constitution Article I, § 1, Paragraph XI guarantees that the courts of this state shall be open to every person.

The following court records are typically available for public access:

  • Civil case files (complaints, answers, motions, orders)
  • Criminal case files (post-charging documents)
  • Judgments and orders
  • Docket sheets and case indices
  • Hearing and trial schedules
  • Final dispositions

However, certain records may be restricted from public access, including:

  • Records sealed by court order
  • Juvenile court records (with limited exceptions)
  • Adoption proceedings
  • Mental health commitment records
  • Records containing sensitive personal information
  • Grand jury proceedings
  • Certain domestic violence and stalking cases

Access to court records in Cobb County is governed by the Uniform Superior Court Rules, specifically Rule 21, which addresses limitations on access to court files. The Georgia Supreme Court has also issued rules for public access to court records that apply to all courts within the state.

Federal court records for cases heard in the U.S. District Court for the Northern District of Georgia, which includes Cobb County, are governed by federal rules and are accessible through the federal PACER system rather than county resources.

How To Find Court Records in Cobb County in 2026

Members of the public seeking court records in Cobb County may utilize several methods to locate and access these documents. The county currently maintains both in-person and online access options for court records research.

For in-person requests, individuals may visit the appropriate clerk's office:

Cobb County Superior Court Clerk's Office
70 Haynes Street
Marietta, GA 30090
(770) 528-1300
Cobb County Superior Court Clerk
Hours: Monday-Friday, 8:00 AM - 5:00 PM

When requesting records in person, requestors should:

  • Provide specific case information (case number, party names, filing date)
  • Complete any required request forms
  • Present valid identification
  • Be prepared to pay applicable copy fees ($1.00 per page for standard copies)
  • Allow time for clerk staff to locate and retrieve requested documents

For written requests, individuals may submit a formal records request to the appropriate court clerk by mail. The request should include:

  • Specific case information
  • Requestor's contact information
  • Description of records sought
  • Payment for applicable fees

Pursuant to O.C.G.A. § 15-6-61, the clerk of superior court is responsible for maintaining court records and providing public access to these documents. Response times for records requests typically range from 1-3 business days for readily available records to several weeks for archived materials.

How To Look Up Court Records in Cobb County Online?

Cobb County offers several digital platforms for accessing court records online. These electronic resources allow members of the public to search for case information without visiting the courthouse in person.

The primary online resources for Cobb County court records include:

  1. Cobb County Superior Court Case Search

    • Access at Cobb Superior Court Records
    • Contains civil, domestic, criminal, and real estate cases
    • Search by case number, party name, or filing date
    • Provides case summaries, party information, and docket entries
    • Document images available for some case types with subscription
  2. Cobb County State Court Records Search

    • Access at State Court Record Search
    • Contains misdemeanor criminal, traffic, and civil cases
    • Search by case number, defendant name, or citation number
    • Provides case status, hearing dates, and disposition information
  3. Georgia Judicial Gateway

    • Access at Georgia Courts E-Access
    • Statewide portal for accessing multiple court systems
    • Requires creation of free user account
    • Links to participating courts' individual systems
  4. Magistrate Court Case Search

    • Access at Cobb Magistrate Court
    • Contains small claims, warrant applications, and ordinance violations
    • Limited to basic case information and status

When using these online systems, users should:

  • Enter exact spelling of names when possible
  • Use partial information if exact details are unknown
  • Note that older cases may not be available electronically
  • Be aware that document images may require additional fees
  • Understand that electronic records are for informational purposes and certified copies must be obtained from the clerk's office

Online access is governed by Georgia Supreme Court Rule on Access to Court Records, which balances public access with privacy concerns.

How To Search Cobb County Court Records for Free?

Georgia law provides for free public inspection of court records under the Georgia Open Records Act § 50-18-71(c)(1), which states that agencies may "impose a reasonable charge for the search, retrieval, redaction, and production or copying costs" but must permit records to be inspected without charge.

Free options for accessing Cobb County court records include:

  1. In-Person Inspection

    • Visit the appropriate clerk's office during regular business hours

    • Use public access terminals available at:

      Cobb County Superior Court Clerk's Office
      70 Haynes Street
      Marietta, GA 30090
      (770) 528-1300
      Hours: Monday-Friday, 8:00 AM - 5:00 PM

      Cobb County State Court Clerk's Office
      12 East Park Square
      Marietta, GA 30090
      (770) 528-1100
      Hours: Monday-Friday, 8:00 AM - 5:00 PM

    • No fee for viewing records, only for obtaining copies

  2. Free Online Resources

  3. Public Law Library Access

    Cobb County Law Library
    70 Haynes Street, 3rd Floor
    Marietta, GA 30090
    (770) 528-1884
    Hours: Monday-Friday, 8:00 AM - 5:00 PM

    • Provides public access computers for legal research
    • Staff available to assist with locating case information
    • Access to legal databases that may contain court records

While basic search functions are free, users should be aware that:

  • Obtaining copies typically incurs fees ($1.00 per page for standard copies)
  • Certified copies have additional charges (typically $2.50 per certification)
  • Access to document images online may require subscription or per-document fees
  • Research assistance from clerk staff beyond basic guidance may incur charges

What's Included in a Cobb County Court Record?

Court records in Cobb County contain comprehensive documentation of legal proceedings. The specific contents vary by case type but generally include the following components as prescribed by O.C.G.A. § 15-6-61:

Civil Case Records:

  • Complaint or petition initiating the action
  • Summons and proof of service
  • Defendant's answer or response
  • Motions filed by either party
  • Orders and rulings issued by the court
  • Discovery documents (if filed with the court)
  • Exhibits admitted into evidence
  • Transcripts of hearings and trials
  • Final judgment or disposition
  • Post-judgment filings (garnishments, appeals)

Criminal Case Records:

  • Indictment or accusation
  • Arrest warrant and booking information
  • Bond information
  • Plea documents
  • Motions filed by prosecution or defense
  • Court orders and rulings
  • Evidence logs (descriptions, not actual evidence)
  • Witness lists
  • Verdict forms
  • Sentencing information
  • Probation terms
  • Appeal documents

Domestic Relations Records:

  • Divorce petitions
  • Child custody and support documents
  • Financial affidavits
  • Parenting plans
  • Temporary and final orders
  • Settlement agreements
  • Qualified domestic relations orders (QDROs)

Probate Records:

  • Wills and codicils
  • Petitions for probate
  • Letters testamentary or administration
  • Inventories of estate assets
  • Creditor claims
  • Guardianship documents
  • Annual returns and accountings
  • Final distribution plans

Each court record also contains a case docket, which serves as a chronological index of all filings and court actions. The docket typically includes:

  • Case number and filing date
  • Party names and attorney information
  • List of all documents filed
  • Hearing dates and outcomes
  • Financial information (fees paid, judgments)
  • Case status and disposition

Court records may also include administrative documents such as notices of appearance, certificates of service, and scheduling orders. Sensitive personal information such as Social Security numbers, financial account numbers, and dates of birth are typically redacted from public versions of court records in accordance with Georgia Supreme Court Rule on Access to Court Records.

How Long Does Cobb County Keep Court Records?

Cobb County maintains court records according to retention schedules established by the Georgia Records Act O.C.G.A. § 50-18-90 et seq. and the Judicial Council of Georgia's Records Retention Schedules. These schedules vary by record type and case category.

Superior Court Records:

  • Felony case files: Permanent retention
  • Civil case files: 20 years after case closure
  • Domestic relations cases: 20 years after final order
  • Adoption records: Permanent retention
  • Real property cases: Permanent retention
  • General execution dockets: Permanent retention
  • Indexes to all cases: Permanent retention

State Court Records:

  • Misdemeanor criminal cases: 10 years after case closure
  • Traffic cases: 10 years after disposition
  • Civil cases: 20 years after case closure
  • Small claims: 10 years after judgment

Magistrate Court Records:

  • Criminal warrant applications: 10 years
  • Civil cases: 10 years after disposition
  • Ordinance violations: 5 years after disposition
  • Dispossessory proceedings: 5 years after disposition

Probate Court Records:

  • Wills and estate administration: Permanent retention
  • Guardianship/conservatorship: 10 years after termination
  • Marriage licenses: Permanent retention
  • Weapons carry licenses: 2 years after expiration

Juvenile Court Records:

  • Delinquency cases: Until child reaches 28 years of age
  • Dependency cases: 25 years after case closure
  • CHINS (Children in Need of Services): 25 years after case closure

Certain historically significant or precedent-setting cases may be designated for permanent retention regardless of case type. Additionally, the clerk may maintain microfilm or digital archives of records beyond the required retention period.

Records scheduled for destruction are reviewed by the clerk's office and destroyed in accordance with confidentiality requirements. Sealed records are maintained according to the terms of the sealing order, which may extend beyond standard retention periods.

The Georgia Archives Records Management Division provides oversight and guidance on records retention for all county courts in Georgia, ensuring compliance with state law and best practices for records preservation.

Types of Courts In Cobb County

Cobb County's judicial system consists of several courts with distinct jurisdictions and responsibilities within Georgia's unified court system.

Cobb County Superior Court
70 Haynes Street
Marietta, GA 30090
(770) 528-1100
Cobb County Superior Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Cobb County State Court
12 East Park Square
Marietta, GA 30090
(770) 528-1100
Cobb County State Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Cobb County Magistrate Court
32 Waddell Street
Marietta, GA 30090
(770) 528-8900
Cobb County Magistrate Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Cobb County Probate Court
32 Waddell Street, Suite 1100
Marietta, GA 30090
(770) 528-1900
Cobb County Probate Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Cobb County Juvenile Court
1738 County Services Parkway
Marietta, GA 30008
(770) 528-2220
Cobb County Juvenile Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Municipal Courts:

Marietta Municipal Court
240 Lemon Street
Marietta, GA 30060
(770) 794-5400
Marietta Municipal Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Smyrna Municipal Court
2800 King Street SE
Smyrna, GA 30080
(770) 434-6279
Smyrna Municipal Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Kennesaw Municipal Court
2529 J.O. Stephenson Avenue
Kennesaw, GA 30144
(770) 422-2150
Kennesaw Municipal Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Acworth Municipal Court
4400 Acworth Industrial Drive
Acworth, GA 30101
(770) 974-3112
Acworth Municipal Court
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Powder Springs Municipal Court
4484 Marietta Street
Powder Springs, GA 30127
(770) 943-1666
Powder Springs Municipal Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Austell Municipal Court
2716 Broad Street
Austell, GA 30106
(770) 944-4303
Austell Municipal Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM

The court hierarchy in Georgia proceeds from Municipal/Magistrate Courts to Superior/State Courts, then to the Georgia Court of Appeals, and finally to the Georgia Supreme Court. Appeals from Cobb County courts are heard by the Georgia Court of Appeals or the Supreme Court of Georgia depending on the case type.

What Types of Cases Do Cobb County Courts Hear?

Each court within Cobb County's judicial system has specific jurisdiction over certain types of cases as established by Georgia law.

Superior Court handles:

  • Felony criminal cases (murder, armed robbery, drug trafficking)
  • Civil cases with unlimited monetary claims
  • Domestic relations matters (divorce, child custody, adoption)
  • Real property disputes
  • Equity cases
  • Habeas corpus petitions
  • Appeals from lower courts
  • Exclusive jurisdiction over certain matters including title to land, divorce, equity cases, and felonies

State Court adjudicates:

  • Misdemeanor criminal cases
  • Traffic violations
  • Civil actions (except those reserved for Superior Court)
  • Civil claims up to $25,000
  • Landlord-tenant disputes
  • Contract disputes
  • Personal injury cases
  • Appeals from Magistrate Court decisions

Magistrate Court presides over:

  • Small claims (civil cases up to $15,000)
  • County ordinance violations
  • Preliminary hearings in criminal cases
  • Issuance of arrest and search warrants
  • First appearance hearings
  • Dispossessory (eviction) proceedings
  • Garnishment actions
  • Bad check cases

Probate Court handles:

  • Wills and estate administration
  • Guardianships and conservatorships
  • Marriage licenses
  • Weapons carry licenses
  • Certain mental health matters
  • Certain minor traffic cases in some instances

Juvenile Court addresses:

  • Delinquency cases involving minors
  • Children in Need of Services (CHINS)
  • Dependency cases (abuse, neglect)
  • Termination of parental rights
  • Juvenile traffic offenses
  • Custody matters involving juveniles

Municipal Courts (Marietta, Smyrna, Kennesaw, etc.) handle:

  • City ordinance violations
  • Misdemeanor traffic offenses within city limits
  • Some misdemeanor criminal cases
  • Code enforcement violations
  • Preliminary hearings in felony cases

Case assignment is determined by several factors including the nature of the offense, the amount in controversy for civil matters, and the specific subject matter of the case. The Georgia Constitution Article VI and various state statutes define the jurisdiction of each court type.

In instances where jurisdictional questions arise, the Superior Court, as the constitutional court of general jurisdiction, has authority to determine proper venue and jurisdiction for cases within the county.

How To Find a Court Docket In Cobb County

Court dockets in Cobb County provide a chronological listing of scheduled court proceedings and filed documents for each case. Members of the public may access docket information through several methods.

Online Docket Access:

  1. Superior Court Dockets

    • Visit the Cobb Superior Court Clerk's website
    • Select "Court Calendar" or "Docket Search"
    • Search by date, judge, case type, or attorney name
    • Results show scheduled hearings, trials, and motion calendars
  2. State Court Dockets

    • Access through Cobb State Court Records Search
    • Select "Calendar Search" option
    • Filter by judge, courtroom, date range, or case type
    • View daily or weekly court schedules
  3. Magistrate Court Dockets

    • Visit Cobb Magistrate Court website
    • Navigate to "Court Calendars" section
    • Select desired calendar type (civil, criminal, small claims)
    • Calendars typically posted one week in advance

In-Person Docket Access:

Docket information may be viewed in person at the respective clerk's offices:

Cobb County Superior Court Clerk's Office
70 Haynes Street
Marietta, GA 30090
(770) 528-1300
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Cobb County State Court Clerk's Office
12 East Park Square
Marietta, GA 30090
(770) 528-1100
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Cobb County Magistrate Court Clerk's Office
32 Waddell Street
Marietta, GA 30090
(770) 528-8900
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Daily dockets are also typically posted outside each courtroom on the day of proceedings. For specialized dockets such as drug court, mental health court, or veterans court, contact the specific program coordinator through the Cobb County Accountability Courts.

Pursuant to Uniform Superior Court Rule 21, court dockets are public records and must be made available for public inspection. However, certain specialized dockets involving juveniles or sealed cases may have restricted access.

For the most current docket information, it is advisable to check online resources or contact the clerk's office directly, as court schedules may change due to settlements, continuances, or judicial emergencies.

Which Courts in Cobb County Are Not Courts of Record?

In Georgia's judicial system, a "court of record" is defined as a court that creates and maintains a complete, verbatim record of all proceedings, including testimony and evidence presented. Pursuant to O.C.G.A. § 15-6-36, courts of record must maintain comprehensive documentation of their proceedings, which serves as the official basis for appeals to higher courts.

The following Cobb County courts are not courts of record:

Municipal Courts:

  • Marietta Municipal Court
  • Smyrna Municipal Court
  • Kennesaw Municipal Court
  • Acworth Municipal Court
  • Powder Springs Municipal Court
  • Austell Municipal Court

These municipal courts typically do not maintain verbatim transcripts of proceedings unless specifically requested by a party and arranged in advance. Instead, they keep basic case information, dispositions, and limited notes on proceedings.

Magistrate Court: The Cobb County Magistrate Court functions as a court not of record for certain proceedings, particularly in its small claims division and preliminary hearings. However, for certain matters such as search warrant applications, the court does maintain detailed records.

When cases from these non-record courts are appealed, they proceed as de novo appeals, meaning the case is heard anew in a court of record (typically State Court or Superior Court) rather than reviewing the proceedings of the lower court.

In contrast, the following Cobb County courts are courts of record:

  • Superior Court
  • State Court
  • Probate Court
  • Juvenile Court

These courts maintain complete records of all proceedings, including court reporter transcripts, exhibits, and all filed documents. Appeals from these courts to the Georgia Court of Appeals or Supreme Court are based on the official record created during the original proceedings.

The distinction between courts of record and those not of record is established by Georgia Constitution Article VI, Section I and various implementing statutes that define the structure and function of Georgia's judicial system.

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