6. Conduct Of Trial COPY

Question 1

When are civil cases triable?

Answer 1

Any time after the last day for defensive pleadings to be filed.

Question 2

What must the court provide to the parties after the deadline for defensive pleadings?

Answer 2

Reasonable time for discovery procedures.

Question 3

How are cases placed on the trial calendar?

Answer 3

Either without request upon notice to the parties, or upon request of a party with notice to others.

Question 4

What is assumed in cases eligible for a jury trial?

Answer 4

A jury trial is assumed unless parties consent to a bench trial.

Question 5

Is a pre-litigation contractual waiver of the right to jury trial enforceable in Georgia?

Answer 5

No.

Question 6

What is the required number of jurors in civil cases in Georgia?

Answer 6

12 members, unless otherwise prescribed by the General Assembly.

Question 7

What types of verdicts does Georgia recognize?

Answer 7

General verdicts and special verdicts.

Question 8

When must a jury return only a special verdict?

Answer 8

Upon written request by any party made on or before the call of the case for trial in specific cases.

Question 9

What types of cases require a special verdict in Georgia?

Answer 9

• Equitable relief
• Mandamus
• Quo warranto
• Prohibition
• Declaratory Judgment
• Cases where special verdicts are required by law.

Question 10

When can a motion for directed verdict be made?

Answer 10

At the close of evidence offered by an opposing party or at the close of the case.

Question 11

Does making a motion for a directed verdict waive the right to a jury trial in Georgia?

Answer 11

No.

Question 12

Does making a motion for a directed verdict prevent a party from presenting evidence if the motion is denied?

Answer 12

No.

Question 13

What is the time frame to file a motion for Judgment Notwithstanding the Verdict (JNOV) in Georgia?

Answer 13

Within 30 days after entry of judgment or after the jury is discharged if no verdict was returned.

Question 14

Can a court grant relief in a judgment that wasn’t specifically requested?

Answer 14

Yes, similar to the Federal Rule.

Question 15

In Georgia, the court cannot grant relief to a winning party if the relief ______

Answer 15

1. The issue was not argued during trial – The relief requested must have been part of the case and actively contested; and
2. The opposing party was not given a chance to respond – The defendant (or losing party) must have had the opportunity to present a defense against the relief being sought

Question 16

What happens if an answer is not filed in a Georgia case within 30 days?

Answer 16

The case automatically defaults.

Question 17

What can a plaintiff do if a case remains in default after 15 days?

Answer 17

Obtain a default judgment and verdict without needing to present evidence.

Question 18

What are the exceptions to obtaining a default judgment without evidence?

Answer 18

Tort actions or cases involving unliquidated damages.

Question 19

How can a defendant open a default within 15 days?

Answer 19

By filing an answer and paying costs.

Question 20

What must a defendant show to open a default after 15 days?

Answer 20

1. Providential cause for late filing
2. Excusable neglect
3. A meritorious defense
4. Willingness to proceed with trial.

Question 21

What is the limitation on a judgment by default in Georgia?

Answer 21

It may not differ from or exceed the amount sought by the plaintiff.

Question 22

What are the conditions for a default judgment in medical malpractice cases under $10,000?

Answer 22

It may not differ in kind from or exceed the amount demanded by the plaintiff.

Question 23

What must happen for a default judgment in medical malpractice cases exceeding $10,000?

Answer 23

A judgment may be rendered for the amount determined upon a trial of the issue of damages, with notice served at least three days prior.

Question 24

When may a court make special findings of fact and conclusions of law?

Answer 24

Upon request of a party prior to the ruling.

Question 25

What can a court do within 20 days after entry of judgment?

Answer 25

Make or amend findings or make additional findings.

Question 26

Under what conditions can attorney’s fees be awarded in Georgia?

Answer 26

1. Complete absence of justiciable issue
2. Lack of substantial justification
3. Brought for delay or harassment
4. Improper conduct expanding the proceeding.

Question 27

Is an attorney or party assessed fees for claims asserted in good faith attempts to establish new theories of law?

Answer 27

No.