--- title: "James P. Smith | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/james-p-smith-8763" page_type: "judge_profile" updated: "2026-10-07" --- # James P. Smith U.S. Bankruptcy Court for the Middle District of Georgia · U.S. Bankruptcy Judge ## Profile - Court: U.S. Bankruptcy Court for the Middle District of Georgia - State: Georgia - Role: U.S. Bankruptcy Judge - Service status: active - Last verified: 2026-06-30 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - Judge, United States Bankruptcy Court, M.D. Georgia, 2010-present - Madison County Circuit Court, Alabama: Smith held the role of a Circuit Judge for the 23rd Judicial Circuit starting in 1994 or 1995 and continued until his retirement in 2012 ### Education - He then received his Juris Doctorate with honors from the University of Alabama Law School in 1976 - Bachelor’s degree from the University of Alabama in Huntsville. ### Additional information - Elected to the Alabama House of Representatives in 1978 and later to the Alabama Senate in 1982. - Before becoming a judge, Smith had a long career in public service. - James P. Smith’s career spans legislative service, private legal practice, and judicial appointments at both the state and federal levels. - U.S. Bankruptcy Court, Middle District of Georgia: After his state judicial service, Smith held the role of a Bankruptcy Judge for fourteen years until his retirement. - He graduated from Butler High School - During this time, he handled cases in the Macon Division, and his caseload was transferred to a new judge upon his retirement - He is recognized for his contributions to education, child protection, and environmental legislation, as well as his long-standing service on the bench in Alabama and Georgia - James P. Smith is a native of Huntsville, Alabama. - Outside the courtroom, Judge Smith is an avid outdoorsman, enjoying backpacking, skiing, and hunting. - He is a member of the Alabama Sierra Club and has been active in environmental legislation - During his tenure in the Senate, he held the role of Chairman of the Banking and Insurance Committee, the Rules Committee, and the Senate Health Committee, and was recognized for his work on education and child-protection legislation. - He also practiced law privately prior to his judicial appointments ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### motion form Scope: courtwide Request an order by written motion unless the rules authorize an application or the request is made during a hearing. State the grounds with particularity and specify the requested relief or order. Evidence excerpt: A motion must state its grounds with particularity and set forth the relief or order requested. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### motion notice timing Scope: courtwide Unless a motion may be heard ex parte or another period applies, serve the written motion and hearing notice at least seven days before the hearing. Serve supporting affidavits with the motion. Evidence excerpt: A written motion (other than one that may be heard ex parte) and notice of any hearing must be served at least 7 days before the hearing date, unless the court or these rules set a different period. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### contested matter notice Scope: courtwide In a contested matter not otherwise governed by the bankruptcy rules, request relief by motion and give the opposing party reasonable notice and an opportunity to be heard. A response is required only if the court orders one. Evidence excerpt: Reasonable notice and an opportunity to be heard must be given to the party against whom relief is sought. No response is required unless the court orders otherwise. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### disputed fact testimony Scope: courtwide Present witness testimony on a disputed material factual issue in the same manner as testimony in an adversary proceeding. Evidence excerpt: A witness's testimony on a disputed material factual issue must be taken in the same manner as testimony in an adversary proceeding. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### evidentiary hearing notice Scope: courtwide Use the court's procedure to determine, reasonably before a scheduled hearing, whether it will be an evidentiary hearing at which witnesses may testify. Evidence excerpt: The court must provide procedures that allow parties-at a reasonable time before a scheduled hearing-to determine whether it will be an evidentiary hearing at which witnesses may testify. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### evidence rules Scope: courtwide Prepare evidence under the Federal Rules of Evidence and Federal Rules of Civil Procedure 43, 44, and 44.1, which apply in bankruptcy cases. Evidence excerpt: The Federal Rules of Evidence and Fed. R. Civ. P. 43, 44, and 44.1 apply in a bankruptcy case. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### oath or affirmation Scope: courtwide A solemn affirmation may substitute when an oath is required. The national rule identifies the bankruptcy judge, clerk, deputy clerk, U.S. trustee, and other authorized officers as persons who may administer it. Evidence excerpt: If an oath is required, a solemn affirmation suffices. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ## Sources - [Official profile](https://www.courtlistener.com/person/8763/james-p-smith/) - [Official roster](https://www.courtlistener.com/person/8763/james-p-smith/) - [U.S. Bankruptcy Court for the Middle District of Georgia current judicial profile](https://www.courtlistener.com/person/8763/james-p-smith/) - [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8763/james-p-smith/) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/james-p-smith-8763", "url": "https://knowjudges.com/kyj/judge/james-p-smith-8763", "name": "James P. Smith | KnowJudges", "description": "James P. 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Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf). Collected 2026-10-27.