BARBRI HOT TOPICS- TRIAL & POST TRIAL Flashcards
What are involuntary dismissals?
Involuntary dismissals can occur for failure to diligently prosecute or as a sanction.
What are voluntary dismissals in GA?
Voluntary dismissals work as in federal court, except for timing. A party has until the first witness is sworn to dismiss.
The ‘savings statute’ allows a plaintiff to refile the action within the remaining statute of limitations period or 6 months, whichever is longer.
What happens if a defendant fails to respond in 30 days?
If a defendant fails to respond in 30 days, a default may be entered, followed by a default judgment.
What is the process to open a default?
A defendant has 15 days to open the default and pay costs. After 15 days, the plaintiff may move for a default judgment.
If the plaintiff fails to act, the defendant can move to open the default after the 15 days.
What must a defendant show to open a default?
A defendant must show providential cause, excusable neglect, and a viable defense to open the default.
How does summary judgment work in GA?
Summary judgment works as in federal court, but a claiming party must wait 30 days after the claim is filed to move for summary judgment.
What is the jury trial requirement in GA?
There is a right to a jury trial in actions at law, with generally 12 jurors in superior court and 6 in state court.
Can parties be excluded from trial in GA?
Parties may not be excluded from trial.
What is the GA equivalent of JMOL?
The federal motion for judgment as a matter of law (JMOL) is called a motion for a directed verdict in GA.
What are the grounds for relief from judgments in GA?
Grounds include lack of jurisdiction, fraud, accident, mistake, non-amendable defects, and newly discovered evidence.
What is the final order rule in GA?
GA follows the final order rule, meaning an appealable final order disposes of all claims and parties.
What types of orders can be appealed in GA?
Orders relating to injunctions, directing an accounting, child custody, refusing a writ of mandamus, and granting summary judgment may be appealed.
What is the appellate jurisdiction of the Supreme Court in GA?
The Supreme Court has exclusive jurisdiction over trial court orders involving treaties, constitutional questions, and contested elections.
What is claim preclusion in GA?
GA claim preclusion mirrors federal law, with the exception that motor vehicle accidents can give rise to separate personal injury and property damage claims.
How does GA law differ on issue preclusion?
GA tends to be more strict on the mutuality requirement and permits nonmutual issue preclusion only by defendants in vicarious liability situations.
