BARBRI HOT TOPICS PLEADINGS DISCOVERY Flashcards
What type of pleading state is GA?
GA is a notice pleading state, meaning that fair notice of the general type of litigation and basic facts showing what D did wrong is all that is required.
What must be pleaded to show venue in GA?
Facts showing venue must be pleaded.
When are affidavits required in GA?
Affidavits are required in divorce actions and when extraordinary relief is sought.
A professional affidavit is also required in medical malpractice claims.
For cases that require an affidavit in Georgia, what can a plaintiff do if the statute of limitations is about to expire?
P may file the claim and provide the affidavit shortly after filing.
How long does a plaintiff have to cure a defective affidavit?
A defective affidavit can be cured within 30 days of the D’s motion.
What are pleading sanctions in GA?
GA has a similar rule to Federal Rule 11, plus it has a separate statute that permits sanctions for vexatious litigation.
How long does a defendant have to respond after being served?
D has 30 days to respond after being served with the summons and complaint (60 days if D waived process).
Does a pretrial motion stay the 30-day response period?
The 30 days is not stayed by a pretrial motion, but discovery is stayed for the earlier of 90 days or until the court rules on the motion.
Are statutes of limitations tolled for minors in GA?
The statutes of limitations generally are tolled for minors.
What is the statute of limitations for medical malpractice claims involving minors?
A medical malpractice claim must be filed within 5 years of the occurrence, but this period does not begin until the child turns 5 years old.
When can a pleader amend their pleadings in GA?
A pleader may amend as of right up to the pretrial order or up to the start of trial if there is no pretrial order.
How does relation back work in GA?
Relation back works as in federal court, except that the period for acquiring knowledge of the suit has not been extended to allow for service of process.
Can a plaintiff join multiple claims against a defendant?
A P may join as many claims as they have against a D, but the court has the ability to sever the claims if prejudice would result.
When can parties be joined in GA?
Parties may be joined if their claims, or the claims against them, derive from the same transaction or occurrence and raise a common question of law or fact.
How do counterclaims work in GA?
Counterclaims essentially work as in federal court.
How do cross-claims work in GA?
Cross-claims by and large work as in federal court, but the cross-claim must be for the claimant’s damages only due to GA eliminating joint and several liability.
What is required for impleader in GA?
As in federal court, derivative liability is required, and there’s no impleader of a joint tortfeasor due to GA’s tort law restricting joint and several liability.
How do class actions in GA compare to federal court?
Same as in federal court, except the federal rules permit another opportunity to opt out.
What are the discovery methods in GA?
The methods are generally similar to federal court, but there are differences as noted in the Course Companion.
What is required for material to be within the scope of discovery?
The material sought must be relevant and not privileged.
What can a party seek if the material sought is not proportional to the needs of the case?
A party can seek a protective order.
Are mental impressions of attorneys discoverable in GA?
Mental impressions of attorneys are not discoverable, either in state or federal court.
What does GA’s physician shield statute protect?
GA has a physician shield statute that protects physicians from liability for releasing information, requiring a patient’s release or a subpoena.
Is there a requirement for parties to meet to set forth a discovery plan?
There is no requirement for the parties to initially meet to set forth a discovery plan.
When must pretrial conferences be held in GA?
Pretrial conferences must be held when the parties request; the judge has the discretion to order pretrial conferences as well.
