CIVIL PROCEDURE PROFESSOR JONATHAN NASH EMORY UNIVERSITY SCHOOL OF LAW

Transcription

1 CIVIL PROCEDURE PROFESSOR JONATHAN NASH EMORY UNIVERSITY SCHOOL OF LAW CHAPTER 1: ORGANIZATION OF THE GEORGIA STATE COURTS A. State Curt System curts Intermediate appellate curt curt B. Trial Curts 1. Curt One in every cunty Original jurisdictin ver ANY civil r criminal case Exclusive jurisdictin ver trials, ther than ver juveniles Limited appellate jurisdictin ver sme matters frm magistrate and prbate curts 2. Curt Original, cncurrent jurisdictin with superir curts Jurisdictin ver and civil actins, except thse vested exclusively in superir curts 3. Curt May issue search and arrest warrants Cncurrent jurisdictin ver civil actins when amunt in cntrversy des nt exceed $ Can hear punishments f when fine is $200 r less, imprisnment is 10 days r less, r bth 4. Curt Exclusive jurisdictin ver prbate f, cntrversies arising ut f executrship and administratin f wills, and the appintment and remval f guardians and cnservatrs Jurisdictin ver matters re: deceased and mentally incmpetent persns Can perfrm limited cunty gvernmental duties - e.g., receive guilty pleas and impse sentence fr vilatins f game & fish laws; hld criminal cmmitment hearings.

2 5. Curt Exclusive jurisdictin ver juvenile issues Such as cases in which a child is alleged t be a delinquent r is in need f gvernment services r cmmitment, child is under supervisin f the curt r n prbatin Juvenile seeking cnsent fr, emplyment enlistment, permanent guardianship, terminatin f legal parent/child relatinship (unless superir curt has exclusive jurisdictin), emancipatin, r behavir prgram. C. Appellate Curts 1. Curt f Appeals Only ne Appellate r certirari jurisdictin in any case nt reserved t the supreme curt r given t anther curt by law Any decisin that des nt cnflict with a decisin f the supreme curt is n ALL GA state curts, except the Gergia Supreme Curt 2. Gergia Supreme Curt Exclusive appellate jurisdictin ver: All cases invlving the cnstructin f a invlving the U.S.; All cases invlving the cnstructin f the f GA r the U.S.; All cases in which the cnstitutinality f a law, rdinance, r cnstitutinal prvisin has been called int questin; and All cases invlving cntests. General (but nt exclusive) appellate jurisdictin ver: Cases invlving title t land; cases; Cases invlving wills; Habeas crpus cases; and alimny cases; Cases certified by the Curt f Appeals; and Cases where the death penalty was, r culd be, impsed. Authrized t receive certified questins frm curts utside f GA state curt system Themis Bar Review, LLC GA Civil Prcedure

3 CHAPTER 2: PERSONAL JURISDICTION A. Presence "Tag" jurisdictin - can be exercised ver an ut-f-state individual wh is present in the state nly if the persn is served with prcess while in the state. Permitted in GA Des NOT apply when smene is in the state slely fr the purpse f appearing at fr a pending case B. Lng-Arm Statute 1. In General Analysis: Make sure the lng-arm statute is satisfied AND due prcess is nt vilated. Defendant can bjectin t PJ. Gives PJ ver a nnresident defendant in a cause f actin arising ut f his, her, r its actins, missins, wnership, use r pssessin under varius circumstances. 2. Gergia's Lng-Arm Statute PJ exists if nnresident defendant: Transacts in GA; Cmmitted a in GA, ther than defamatin; Causes an in GA, by an act r missin utside f GA, but nly if the defendant regularly des r slicits business in GA, engages in ther persistent curses f cnduct in GA, r derives substantial revenue frm cnducting business in GA; Owns, uses, pssesses, r has pssessed in GA; With respect t a divrce, dmestic relatins actin, r an actin fr supprt f dependents, defendant maintains a in Gergia at the cmmencement f the actin r lived in Gergia prir t cmmencement; r Is under an rder issued by a GA curt re: alimny, child custdy, child supprt, r equitable divisin f prperty, prvided that the current actin invlves enfrcement r mdificatin f the rder. NOT limited t cases Real estate prvisin - defendant is nt required t wn prperty when the actin is filed Must arise ut f prperty in GA that the defendant nce wned GA Civil Prcedure 2018 Themis Bar Review, LLC 3

4 3. Nnresident Mtrist Statute Allws PJ ver nnresident mtrist Invlved in accident in GA PJ btained by serving prcess n GA Secretary f State 4. "Transacting Business" Test Whether the nnresident defendant has successfully dne sme act r cnsummated a transactin in the state f GA; The cause f actin r is cnnected with whatever business has been transacted; AND The exercise f PJ des nt ffend traditinal ntins f and substantial justice. 5. PJ in Cases Invlving Cntacts Based n a Website (basically same test as abve) Ask whether nnresident defendant purpsefully did sme act r cnsummated a transactin in GA; Cause f actin must arise frm r be cnnected with the act r transactin in GA; and Ask whether exercise f PJ ffends fairness and substantial justice. C. PJ ver Nnresident Crpratins Crpratin incrprated utside f GA but t d business in GA is cnsidered a resident f GA fr PJ purpses (lng-arm nt necessary). Nnresident crpratin NOT authrized t d business in GA - crpratin Need PJ under lng-arm statute D. Examples f Persnal Jurisdictin Example 1: Brenda slipped and fell in a Gergia stre wned and perated by FlrMart, a Texas crpratin. FlrMart wns and perates numerus stres in Gergia. Persnal jurisdictin ver FlrMart in Gergia is under the lng-arm statute. Example 2: Rbert, a resident f Gergia, has entered int a cntract with FlrMart in the state f Tennessee. FlrMart is NOT authrized t d business in Gergia. FlrMart wns and perates n stres in Gergia, but it des transact business n a regular basis with a Gergia-based seller f gds. Cause f actin fr breach f cntract des nt arise ut f FlrMart's business in Gergia. GA lng-arm statute prvide persnal jurisdictin ver FlrMart in Gergia Themis Bar Review, LLC GA Civil Prcedure

5 Example 3: Ruth invites Richard, an Alabama resident, t dinner in Atlanta. Ruth arranges t have Richard served with prcess when he arrives. Persnal jurisdictin in Gergia is under TAG jurisdictin. Example 4: Stephen, a resident f Suth Carlina wh has never been t Gergia, hears that his business partner, Priscilla, is being sued in Macn. Stephen decides t cme t Macn t testify n Priscilla s behalf and is served with prcess fr an unrelated case n the curthuse steps. Here, persnal jurisdictin is in Gergia (exceptin f TAG jurisdictin). CHAPTER 3: NOTICE AND VENUE A. Ntice 1. Suing the State Must prvide state with ntice f intent t ("ante litem ntice") Must be given within mnths f the injury Written ntice must be hand delivered r mailed (certified r vernight, return receipt requested) t the Gergia State Risk Management Divisin f the Department f Administrative Services. A cpy f ntice must be sent by first class mail r persnal delivery t the gvernment ffice whse acts r missins frm the basis f the claim. Failure t cmply may result in dismissal fr lack f SMJ. 2. Service by Publicatin Authrized in GA whenever a nnresident r unknwn persn claims r wns title t an interest in in GA B. Venue 1. In General The cunty in which plaintiff may prperly bring suit "Lcal actins" - generally relate t. Exceptin: actin t cancel a deed is an equitable actin; nt a lcal actin. "Transitry actins" - any actin that is nt a lcal actin. 2. "Lcal Actins" Must be brught in the cunty where the land is If prperty lies n tw sides f cunty line, venue is prper in the superir curt f EITHER. GA Civil Prcedure 2018 Themis Bar Review, LLC 5

6 3. "Transitry Actins" General rule: must be brught in the cunty where the resides upn the filing f the case. Exceptins: Equity case - venue is prper in the cunty where the defendant against whm substantial relief is sught is a resident. Case against jint prmisrs, jint trtfeasrs, jint bligrs, cpartners, r jint trespassers - if ALL f the defendants are GA residents, venue is apprpriate in a cunty where resides. Suit against the maker f a prmissry nte, r the drawer, acceptr, r endrser f freign r inland bills f exchange r like instruments - residing in different cunties, venue is apprpriate in the cunty where the r accepter resides. Defendant in divrce r alimny actin is nt a Gergia resident - venue is prper where the resides, r in a cunty where the plaintiff resides and defendant mved ut f state within 6 mnths prir t the suit and this was the marital dmicile when they separated. A persn wh lived n military reservatin fr at least a year can file in cunty lcated adjacent theret. Plaintiff has multiple claims frm the same transactin - venue is prper wherever venue is prper fr. Case brught under the lng-arm statute - venue is prper where either (i) the defendant cnducted a substantial amunt f business, (ii) the trt r injury ccurred, r (iii) where the is lcated. If the actin invlves bth a resident defendant and a nnresident defendant, then venue is prper wherever it is prper fr the. If the resident defendant is dismissed befre the trial cmmences, the remaining nnresident defendant can get transfer t a cunty where venue is prper fr him r her. Case invlving a mtr vehicle accident - venue is prper either (i) where the accident r injury ccurred, (ii) where the riginated, r (iii) if the plaintiff is a Gergia resident, then in the cunty where the resides Themis Bar Review, LLC GA Civil Prcedure

7 If there is bth a resident defendant and a nnresident defendant, then venue is prper where the defendant resides (even if trial results in verdict in favr f the resident defendant). 4. Defendant is Crprate Entity General rule: venue is prper wherever the crpratin has a r where it last had a registered r principal ffice. Cntract claims: venue is prper wherever the cntract was r is t be perfrmed if the crpratin has an ffice and des business in that cunty. Trt cases: venue is prper where the cause f actin riginated if the crpratin has an ffice and transacts business in that cunty. If nt, then within days f the service, the crpratin can remve the case t a cunty where it has its principal place f business. Garnishment prceeding: venue is prper in the cunty where the crprate ffice where the primary defendant (emplyee) wrks. 5. Vanishing Parties If a case includes bth a resident defendant and a nnresident defendant, then venue is prper where the resident defendant resides. If the resident defendant is dismissed frm the case befre a verdict, then a remaining nnresident defendant can have the case transferred t a cunty/curt where venue wuld be prper. 6. Imprper Venue If curt determines venue is nt prper, curt MUST transfer the case t a curt with prper venue. 7. Frum Nn Cnveniens a. Rule GA state curt shuld nt adjudicate an actin if in the interests f and fr the f the parties and witnesses, a claim r actin wuld be mre prper in a different frum. b. Factrs Relative ease f access t ; Availability and cst f cmpulsry prcess fr the attendance f unwilling witnesses; Pssibility f viewing premises if that wuld be apprpriate; GA Civil Prcedure 2018 Themis Bar Review, LLC 7

8 Any expense r truble fr the defendant that is unnecessary fr the plaintiff s right t pursue her remedy; difficulties in the ther frum; Existence f interests in deciding the case; and Traditinal deference t the plaintiff's chice f frum. c. If ther (mre apprpriate) venue is a Gergia State Curt Curt shuld transfer the actin t the ther cunty. d. If mre cnvenient curt lcated in anther state r utside f the U.S. Curt shuld the actin. Defendant must file written stipulatin w/ curt that it wn't invke any applicable SOL. e. Nnresident plaintiff brings suit ver actin accruing utside f GA GA curt can decline t exercise jurisdictin. Factrs: Where the cause f actin Where the witnesses are Where the parties reside Whether the plaintiff is trying t avid anther state s SOL that wuld bar suit Cnvenience t and burden n the curt Timing: Party seeking dismissal must file mtin within days f last day t file an answer. CHAPTER 4: PLEADINGS A. Signature Requirement GA law requires the attrney's signature n all pleadings. If a party is prceeding pr se, then the party himself r herself must sign all pleadings. Certifies that he r she has read the pleading and that the pleading is nt being submitted fr purpses f. Failure t certify pens attrney (r party) up t sanctins. B. Service f Prcess 1. Wh Serves? May be made by: Themis Bar Review, LLC GA Civil Prcedure

9 The f cunty where actin is brught r where the defendant is fund; The marshal r sheriff f the curt r by ne f the deputies; A U.S. citizen (at least ) specially appinted by the curt; A permanent curt prcess server; r A certified prcess server. If a defendant lives utside the cunty where the actin is brught, then the clerk issues a secnd riginal and cpy and frwards t sheriff f ther cunty. 2. Time Limit Must be dne within days f receipt f the summns and cmplaint If plaintiff can establish she acted reasnably and diligently in attempting t effect service, but was unable t, case will NOT be dismissed even if service ccurred utside the 5-days. Expiratin f SOL prir t date f service n defendant - applicatin f SOL depends n plaintiff's diligence in attempting t perfect service; factual inquiry by curt. Curt's finding n diligence is subject t review n appeal. 3. Methds f Service GA generally fllws same rules fr services as federal gvernment. GA rules: In a case against a r a persn f unsund mind, service must be made n the defendant persnally AND n his r her parents and guardians. Persnal service utside f Gergia can be made n a natural persn ONLY when: The persn is a ; r The actin affects specific real prperty r status, r in any ther in rem prceeding. Service n a nnresident mtrist can be made upn the GA secretary f state. Service under the Gergia lng-arm statute utside f Gergia can be made in the same way service is authrized in Gergia. 4. Service n Crpratins T serve a crpratin incrprated in GA r an ut-f-state crpratin that is authrized t d business in GA: GA Civil Prcedure 2018 Themis Bar Review, LLC 9

10 Plaintiff must serve prcess n an, managing agent, r registered agent. If that can t be dne, then the plaintiff must serve the GA secretary f state. Plaintiff must certify in writing that: P has frwarded by registered mail r vernight delivery the prcess, service, r demand t the last registered ffice r agent listed in the secretary s recrds, but service cannt be effected at that ffice; and It appears that the crpratin has failed either t maintain a registered ffice r appint an agent in GA. If the certificatin indicates that there is a last knwn address utside f Gergia, then plaintiff must als mail the summns and cmplaint t that address. GA als allws service n a crpratin with n registered agent t be made using certified mail r vernight delivery addressed t the secretary f the business at the crpratin s principal ffice. Service will be cnsidered perfected n the f: Date the crpratin receives the mail; Date shwn n the return receipt (if signed n behalf f the crpratin); r days after it was pstmarked (if crrectly addressed and pstage paid). C. Injunctins 1. Tw Types 2. Mandatry Injunctins Requires a persn t engage in an affirmative act Act typically changes the status qu - plaintiff has high burden 3. Prhibitry Injunctins Restrain r prhibit a party frm engaging in specified behavir D. Cmplaints Requirements beynd the federal requirements 1. Venue Cmplaint must include factual basis fr venue Themis Bar Review, LLC GA Civil Prcedure

11 2. Prfessinal Malpractice Claims Must include f expert, setting frth at least ne negligent act r missin claimed t exist and the factual basis N affidavit filed - defendant des nt have t file an answer until days after the affidavit is filed. Plaintiff may have additinal days t file affidavit, even if SOL will run within 10 days f filing cmplaint, prvided that plaintiff alleged that affidavit culd nt be prepared in timely fashin. Attrney must file affidavit that firm was retained within 90 days befre SOL was t run. Defective affidavit - defendant can mve t dismiss fr. Plaintiff has days t crrect. Failure t crrect - cannt refile claim, unless curt finds it was accidental 3. Freedm f Speech Claim Alng w/ cmplaint, plaintiff AND attrney must file a verificatin under ath that they: Have read the claim; After reasnable inquiry and t best f their knwledge and belief, have determined that the claim is well grunded in fact and warranted by existing law r gd-faith argument based n an extensin r alteratin t existing law; Have determined that the act n which the claim is based is nt a cmmunicatin; and Have determined that the claim is nt being brught fr an imprper purpse. Wrngful verificatin f a claim subjects plaintiff/attrney t. CHAPTER 5: PLEADINGS (CONT'D) A. Mtin t Dismiss fr Failure t State a Claim Rule 12(b)(6) mtin under federal law Can be treated as a mtin fr if curt lks at matters utside the cmplaint B. Sanctins If a suit is brught w/ substantial justificatin (e.g., frivlus, meant t harass r delay), curt can assess attrney's fees and expenses. Fees and expenses will be awarded if the ther party's claim, defense, r psitin lacked any f law r fact, and the asserting party culd NOT have reasnably believed the curt wuld accept it. GA Civil Prcedure 2018 Themis Bar Review, LLC 11

12 Mtin can be made at any time during litigatin r within days after. C. Answers t Cunterclaims and Crss-claims Required nly if the rders it Otherwise, assumed all allegatins in cunter r crss-claim are. D. Statutes f Limitatins 1. In General defense If nt raised, then it is waived. 2. GA Limitatins Perids a. Written cntracts (ther than fr the sale f gds) years frm when they becme due and payable If cntract is sealed, SOL is years. b. Oral r implied cntracts years c. Cntract fr the sale f gds years Cntract may state different perid (n less than ne year) d. Trespass upn r damage t realty years e. Claims fr injuries t persns years after the cause f actin accrues f. Claim fr damage t reputatin year g. Medical malpractice years frm the date f the injury, but never mre than years frm the negligent r wrngful act r missin Freign bject left inside patient's bdy - year f discvery Special rules fr children: Plaintiff is child under the age f 5 when act/missin ccurred - years frm 5th birthday t bring actin; in n event, later than child's 10th birthday. Child 5 years f age r lder at time - actin must brught n later than years after act/missin ccurred Themis Bar Review, LLC GA Civil Prcedure

13 h. Claim fr deficiency in planning, supervising, r cnstructing imprvement t realty years frm substantial cmpletin f imprvement If injury accrued in year 7 r 8, SOL extended t years. i. Prducts liability years frm the date f first sale fr use r cnsumptin f the prduct, unless the actin is: Fr injuries r damages arising ut f negligence in manufacturing prducts that causes diseases r birth defects; Based n cnduct manifesting a willful, reckless, r wantn disregard fr life r prperty; OR Based n a manufacturer s breach f its duty t warn f a danger arising frm use f a prduct. 3. Additinal Rules Claims f bdily injury that develped ver an extended perid f time - actin des nt accrue until injury is. Renewal f a claim after dismissal: If dismissal was w/ prejudice, plaintiff CANNOT renew claim. If dismissal was w/ prejudice, plaintiff can refile suit within the SOL perid r 6 mnths after dismissal, whichever is later. Cannt refile if SOL has run if the cause f actin is fr the sale f gds under the GA UCC. E. Cunterclaims Cunterclaim that was inadvertently mitted. May, by, add cunterclaim by amendment F. Time t File an Answer days GA - Filing a pre-answer mtin des NOT tll the time perid G. Amending Pleadings 1. In General Any party may amend a pleading at any time befre a rder is entered. After, amendment may nly be made with leave f curt (freely given) OR written cnsent f ther parties. GA Civil Prcedure 2018 Themis Bar Review, LLC 13

14 2. Relatin Back Dctrine N day limit under GA law New party must receive ntice and must nt be prejudiced 3. Respnse t Amended Pleading Party must respnd nly if. CHAPTER 6: MULTIPLE PARTIES AND CLAIMS A. Gergia Interpleader 1. In General Functinally the same as FRCP 22 GA als permits interpleader Disinterested stakehlder hlds prperty r debts t which mre than ne persn lays a claim Clse questin f law r fact that makes the stakehlder cncerned abut releasing prperty t any ne f the parties 2. Venue Equitable interpleader - prper in the cunty where the defendant against whm substantial relief is sught lives. Cunterclaim, crss-claim, r 3rd party claim fr interpleader - prper nly in the cunty where ne f the resides. B. Cunterclaims 1. Cmpulsry GA - persn need NOT assert a cmpulsry cunterclaim if: The claim is the subject f anther ; The ppsing party brught an actin n his claim by attachment r ther prcess by which the curt did nt gain PJ and pleader is nt stating a cunterclaim; r The claim lies utside f the curt's SMJ. 2. Permissive Allwed in GA Unless parties agree, the claims must be separated fr trial. C. Crss-claims Generally under GA statute Themis Bar Review, LLC GA Civil Prcedure

15 Hwever, when they arise ut f the same transactin, GA curts will ften treat crss-claim as cmpulsry. Trt case when plaintiff at fault - n jint and several liability; n pprtunity fr crss-claim fr cntributin btw defendants; curt must apprtin damages btw plaintiff and defendants. D. Third-Party Practice Third-party plaintiff des nt need curt's permissin t file a third-party claim if he des s within days f serving his riginal answer. Otherwise, needs leave f curt n mtin upn ntice n all parties. Third-party defendant must assert any defenses r cunterclaims against third-party plaintiff AND may assert defenses against the plaintiff. E. Class Actins Federal rule - settlements require prvisin fr class member t "pt ut." GA rule - des NOT require settlements t allw class members t "pt ut." CHAPTER 7: PRETRIAL AND DISCOVERY A. Stay f Discvery If defendant files mtin t dismiss befre r w/ an answer, discvery is stayed until the earlier f (i) days r (ii) when the curt rules n the mtin. Discvery perid and any deadlines are extended. Curt can terminate r mdify the stay, but cannt extend. Exceptin: pssible t have limited discvery as needed t respnd t defenses r identify additinal persns wh shuld be jined as parties. GA rule - NO disclsures. B. Interrgatries and Depsitins f Experts Party may serve anther party w/ interrgatries requiring the party t identify an expert witness wh is. May ask that the expert state the subject matter f the testimny and the substance f facts r pinins t which the expert is t testify, as well as grunds fr expert's pinins Expert witness may be depsed - depsing party must pay reasnable fee. C. Depsitins GA law - NO limit n the f depsitins, unless curt, upn mtin and fr gd cause shwn, issues a rder. May be necessary t btain subpena fr depsitin frm superir curt GA Civil Prcedure 2018 Themis Bar Review, LLC 15

16 Available frm clerk f superir curt f cunty in which the actin is pending OR the clerk f any curt f recrd in the cunty where depsitin is t be taken may issue subpena upn agreement f the parties if depsitin pertains t an actin pending where attrney is authrized t practice. cannt be cmpelled t cme t GA t be depsed, unless party t the lawsuit. D. Interrgatries GA limits each party t interrgatries per request. Mre can be made w/ leave f curt - party must make shwing that litigatin is especially cmplex r that will be incurred if nt permitted. Right t bject - if nt timely. E. Request fr Prductin f Dcuments GA des nt require n nnparties fr prductin f dcuments. Requires nnparty t be ntified if party is seeking nnparty's medical recrds. A party must respnd t request fr prductin f dcuments: Within days; r Fr a defendant, within days f service f summns and cmplaint. Curt can allw lnger r shrter timeframes. If party bjects in whle r in part - party seeking the dcuments may mve fr a curt rder fr failure t respnd. Special rule fr hspitals, healthcare, and "healing arts": Request served n ne f the abve nnparties - cpy f the request must be served upn the persn whse recrds are sught by certified mail, return receipt requested, r upn that persn s attrney, if knwn, and upn all parties f recrd. Upn ntice, the party seeking discvery may take a written r ral depsitin f the nnparty. The nnparty may nt furnish the requested materials until the curt issues an rder t cmpel discvery. If n bjectin is filed within days f service f the request, then the nnparty must prmptly cmply with the request. F. Physical and Mental Examinatins GA requires physical examinatins be made by physicians. GA requires mental examinatins be made by a physician r licensed psychlgist Themis Bar Review, LLC GA Civil Prcedure

17 G. Requests fr Admissin Party must respnd t a request fr admissin: Within days; r If a defendant, within days f service f the summns and cmplaint. Curt may set shrter r lnger timeframes. H. Pretrial Cnferences Optinal in GA GA des NOT require scheduling cnferences - judges may require at their discretin. Must hld pretrial cnference if mves fr ne Held t cnsider: Simplificatin f the issues; The need r desirability f amendments t the pleadings; The pssibility f btaining admissins and dcuments in an effrt t avid unnecessary prf at trial; Limiting expert witnesses; and Any ther matters that may aid dispsitin f the case. CHAPTER 8: ADJUDICATION WITHOUT TRIAL AND TRIAL PROCEDURES A. Adjudicatin withut Trial 1. Vluntary Dismissal Plaintiff may vluntarily dismiss case nly befre the has been swrn, r with the agreement f all parties wh have appeared. If defendant has pleaded a cunterclaim, actin be vluntarily dismissed, unless the defendant agrees OR the cunterclaim can remain within the curt n an independent jurisdictinal basis. Nt n the merits, withut prejudice Can be recmmenced within the SOL r within mnths f the vluntary dismissal, whichever is later 2. Default Defendant is autmatically in default if n answer within days f service f summns r cmplaint (curt may allw mre time). Defendant has days t pen default, as a matter f right. GA Civil Prcedure 2018 Themis Bar Review, LLC 17

18 If still in default after 15-day perid, plaintiff is entitled t and judgment by default. Actin arises in trt r invlves unliquidated damages - plaintiff must prduce evidence and establish amunt f damages; defendant may intrduce evidence t cntrvert damages. Can hld jury trial slely n damages 3. Summary Judgment GA - party seeking t recver n a claim (i.e., plaintiff) may nt mve fr SJ until days after cmmencement f the actin OR after service f a mtin fr SJ by adverse party. Party against whm a claim is made may mve fr SJ at. ALL SJ mtins must be served at least 30 days befre the date f SJ hearing. B. Trial Prcedures 1. Time fr Jury Demand time limit 2. Time t Object t Jury Instructins Can be raised at any pint until annuncement f the 3. Cnslidatin f Cases by the Curt Can nly ccur when parties 4. Directed Verdict a. Standard Shuld nt be granted unless n, r unless prved facts, viewed frm every pssible legal pint f view, can sustain n ther finding than a directed verdict. b. Timing May be made at the clse f the evidence ffered by the ppnent OR at the clse f the case If defendant makes mtin fr DV at clse f evidence by plaintiff and it is denied, defendant can present his evidence. c. Curt Mtin fr DV is granted by the curt; jury nt cnsulted 5. Mtin fr Judgment Ntwithstanding the Verdict Must be made within days f the judgment Themis Bar Review, LLC GA Civil Prcedure

19 6. Mtin fr a New Trial Must be made within days f the entry f judgment 7. Interlcutry Appeals GA permits interlcutry appeals regarding rders in: Divrce, alimny, and ther dmestic relatins cases; Temprary restraining rders; and A number f ther rders (damages actin fr less than $10K). Within days f issuing an rder n an issue, trial curt may, upn a party's request, certify the issue fr interlcutry appeal (imprtant issue requiring immediate review). C. Res Judicata Mtr vehicle accidents - GA has tw separate and distinct causes f actin: Injury t Injury t Can be pursued in tw separate cases - res judicata apply. GA requires mutuality f parties (different frm FRCP). [END OF HANDOUT] GA Civil Prcedure 2018 Themis Bar Review, LLC 19

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