5. Pretrial Procedure/Early Deposition COPY Flashcards
When can a claimant move for summary judgment in Georgia?
A claimant can file for summary judgment:
1. after 30 days from the start of the action; or
2. after the opposing party has filed a motion for summary judgment
If summary judgment is granted, is it appealable?
Yes
If summary judgment is denied, is it appealable?
Only under special circumstances.
What is a discretionary appeal in Georgia?
An order is so important that immediate review should be available.
The trial court certifies the order for the losing party to apply for a review.
What is spoliation?
Spoliation occurs when evidence is destroyed or not preserved by a party during pending or anticipated litigation
It creates a rebuttable presumption against the party responsible for the spoliation.
What happens when spoliation is proven?
It creates a rebuttable presumption that the missing evidence favored the opposing party.
This generally makes summary judgment unsuitable.
When is Summary judgment following a spoilation finding valid?
Summary judgment following a spoliation finding is valid only if the party alleging spoliation cannot demonstrate a significant connection between the spoliation and the underlying claims.
Does Georgia require a discovery scheduling conference?
No. Georgia does not require a discovery scheduling conference as in FRCP 26(f).
Georgia’s equivalent to FRCP 16 allows courts to hold a conference, either on their own initiative or at a party’s request, to discuss:
1. Simplifying issues;
2. Amending pleadings;
3. Limiting expert witnesses;
4. Other matters to expedite the case.
What is the effect of a pre-trial order in Georgia?
Sets the course of the action unless modified at trial to prevent clear injustice.
It dictates the proceedings unless there is a compelling reason to change it.
Can a court allow testimony from an expert not listed in the pre-trial order?
Yes, at the court’s discretion.
If allowed, opposing parties will have reasonable time to depose the expert.
What is voluntary dismissal by notice in Georgia?
A plaintiff can dismiss all claims against a defendant without a court order BEFORE the first witness is sworn.
After the first witness is sworn, a court order is required.
What must a plaintiff pay if they dismiss a case and later file the same claim against the same defendant?
They must first pay the court costs from the previously dismissed action.
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How can a defendant move to dismiss a case during a bench trial in Georgia?
After the plaintiff presents their evidence, based on facts and law showing the plaintiff isn’t entitled to relief.
The court can render judgment against the plaintiff immediately or wait until all evidence is presented.
What happens to a case in Georgia without a written order for 5 years?
It will be automatically dismissed.
The plaintiff has a brief period to reactivate the case.
What is the renewal privilege in Georgia?
The renewal privilege in Georgia allows a plaintiff to refile a lawsuit that has been previously dismissed, under certain conditions, without the claim being barred by the statute of limitations.
