7. Finality Of jusgment And Appellate Review

Question 1

What is a Collateral Attack?

Answer 1

A judgment void on its face may be attacked in any court by any person.

Question 2

What is a Direct Attack?

Answer 2

A judgment may be attacked by a motion for a new trial or by a motion to set aside.

Question 3

What is the procedure for filing a Motion for a New Trial?

Answer 3

Motion must be made within 30 days after entry of judgment.

Question 4

What are the grounds for a Motion for a New Trial?

Answer 4

• Weight of the evidence
• Procedural error
• New evidence discovered within the time period for motion for new trial

Question 5

What can a Motion to Set Aside Judgment be based upon?

Answer 5

• Lack of jurisdiction over the person or the subject matter
• Fraud, accident, or mistake, or acts of the adverse party, unmixed with the negligence or fault of the movant
• A non-amendable defect that appears on the face of the record or pleadings

Question 6

What is insufficient for a Motion to Set Aside Judgment?

Answer 6

Failure to state a claim is insufficient; the pleadings must affirmatively show that no claim exists.

Question 7

What is the time limit for bringing motions to set aside judgments other than for lack of jurisdiction?

Answer 7

Must be brought within three years from entry of the judgment complained of.

Question 8

Under what conditions may a new trial be granted?

Answer 8

• Any material evidence was illegally admitted, or illegally withheld from, the jury
• New and material facts are discovered by the applicant after the verdict and raised within the time allowed for requesting a new trial

Question 9

When must a motion for a new trial be brought?

Answer 9

Within 30 days after entry of judgment.

Question 10

Can a motion for a new trial be amended?

Answer 10

Yes, any time before the court rules.

Question 11

What types of judgments are appealable?

Answer 11

• Final judgments
• Interlocutory orders
• Discretionary appeals

Question 12

What is Res Judicata?

Answer 12

A defense in a second action that claims the same issue between the same parties has already been adjudicated.

Question 13

In motor vehicle cases, how are property damage and personal injury claims treated for res judicata purposes?

Answer 13

Both damage and injury are part of the same claim, and if one is won, the defendant could claim res judicata.

Question 14

How does Georgia treat the settlement of claims in motor vehicle accidents?

Answer 14

The settlement of one claim will not bar or affect the prosecution of the other claim.

Question 15

What is Mutual Collateral Estoppel?

Answer 15

Precludes re-adjudication of an issue that has previously been litigated and adjudicated on the merits in another action between the same parties.

Question 16

What is a key requirement for collateral estoppel in Georgia?

Answer 16

Requires identity of parties or their privies.

Question 17

True or False: Non-mutual collateral estoppel exists in Georgia.

Answer 17

False