7. Finality of Judgments and Appellate Review Flashcards
What is a collateral attack?
A judgment void on its face may be attacked in any court by any person.
Collateral attacks can be made regardless of the court where the judgment was rendered.
What is a direct attack on a judgment?
A judgment may be attacked by a motion for a new trial or by a motion to set aside.
Direct attacks are typically more formal processes aimed at overturning a judgment.
What is the procedure for a motion for a new trial?
Motion must be made within 30 days after entry of judgment.
Timeliness is critical for the success of the motion.
What are the grounds for a new trial?
- Weight of the evidence
- Procedural error
- New evidence discovered within the time period for motion for new trial
What can a motion to set aside a judgment be based on?
- Lack of jurisdiction over the person or the subject matter
- Fraud, accident, or mistake
- A non-amendable defect that appears on the face of the record or pleadings
How long do you have to file a motion to set aside a judgment?
Motions to set aside judgments other than for lack of jurisdiction must be brought within three years from entry of the judgment.
What is a new trial granted for?
- Material evidence was illegally admitted or withheld
- New and material facts discovered after the verdict
The discovery of new evidence must be raised to the court within the time allowed for requesting a new trial.
What is appealable in appellate review?
- Final judgments
- Interlocutory orders
- Discretionary appeals
Different types of appeals can be pursued depending on the nature of the ruling.
What is res judicata?
- The parties in the current case must be the same as, or in privity with, the parties in the prior lawsuit;
- A claim arises out of the same transaction or occurrence if the claims were, or could have been, brought in the prior case;
3.The prior case must have resulted in a final judgment by a court with proper jurisdiction.
4.The plaintiff must have had a full and fair opportunity to litigate the issue in the prior case.
How do motor vehicle cases relate to res judicata?
Both property damage and personal injury are part of the same claim for res judicata purposes.
If one claim is won, the defendant could claim res judicata for a subsequent claim.
In Georgia, how does the settlement of one claim affect another in motor vehicle cases?
The settlement of one of these two claims will not bar or affect the prosecution of the other claim.
This makes res judicata less applicable in these specific cases.
What is mutual collateral estoppel?
Precludes the re-adjudication of an issue that has previously been litigated and adjudicated on the merits in another action between the same parties or their privies.
Does non-mutual collateral estoppel exist in Georgia?
Non-mutual collateral estoppel does not exist in Georgia.
This means that parties cannot use collateral estoppel against a party that was not involved in the original litigation.
What has the Supreme Court of Georgia held regarding collateral estoppel?
Collateral estoppel requires identity of parties or their privies.
