Civil Procedure Distinctions

Question 1

Under Georgia law, when does an action accure when a bodily injury develops over an extended period?

Answer 1

An action does not accure until the injury is discovered.

Question 2

Under Georgia law, how must personal service commence?

Answer 2

Personal service outside of Georgia can be made on a natural person

• who is a Georgia resident and
• when the action affects specific real property or status, or in any other in rem proceeding without regard to the person’s residence.

Service on nonresident motorists can be made on the Secretary of State of Georgia.

Service under the long-arm statute can be made in the same manner as service is made in Georgia.

Question 3

Under Georgia law, what is the statute of limitation of claims arrising out of written contracts?

Answer 3

Six years from when they become due and payable.

If the contract is sealed, then the time period is 20 years.

Question 4

Under Georgia law, what is voluntary presence?

Answer 4

Georgia allows personal service on nonresidents who are in the state on a transient basis.

Nonresidents who are attending a court proceeding or traveling to or from it are immune from service of process.

Question 5

Under Georgia law, when must a party demand a jury trial?

Answer 5

The Georgia statute providing for a jury trial sets no time limit for demands for a trial by jury.

A demand can be made at any time before the case is called for trial or upon the call for trial.

Question 6

Under Georgia law, when may a corporation be under Georgia’s jurisdictional reach?

Answer 6

A business incorporated out of state that is authorized to do business in Georgia is a resident for personal jurisdiction purposes.

If the corporation is not authorized to do business in Georgia, then it is a foreign corporation, and any personal jurisdiction will have to arise under Georgia’s long-arm statute.

Question 7

Under Georgia law, when may a party move for summary judgment?

Answer 7

A party seeking to recover on a claim may not move for summary judgment until 30 days after commencement of the action or after service of a motion for summary judgment by the adverse party.

A party against whom a claim is asserted may move for summary judgment at any time. The motion must be served at least 30 days before the time fixed for the summary judgment hearing.

Question 8

Under Georgia law, are pretrial conference required? What is the purpose of a pre-trial conference?

Answer 8

Georgia does not require a scheduling conference.

Georgia courts may require pretrial conferences at their discretion. Courts must also hold pretrial conferences whenever a party moves for one.

These conferences are to consider:

• Simplifying issues;
• The need or desirability of amendments to the pleadings;
• The possibility of obtaining admissions and documents to avoid unnecessary proof;
• Limiting expert witnesses; and
• Any other matters that may aid disposition.

Question 9

Under Georgia law, what are the rules regarding contribution?

Answer 9

When the plaintiff is even slightly at fault, fault is apportioned between the plaintiff and the defendants.

In this situation, there is no joint liability between the defendants, and so contribution is not allowed. No cross-claim or impleader for contribution should be filed.

Question 10

Under Georgia law, what is a local action?

Answer 10

Cases involving title to land must be tried in the county where the land lies. If a single tract of land is dividied by a county line, either county’s superior court has jurisdiction.

Question 11

Under Georgia law, what is the statute of limitation of claims arrising out of medical malpractice?

Answer 11

Two years from the date of the injury, but never more than five years from the negligent or wrongful act or omission.

If the action relates to a foreign object left in the patient’s body, then the action must be brought within one year of discovery.

A child who was under the age of five when the act or omission occurred has two years from his fifth birthday to bring an action, but an action cannot be brought on such a claim after his 10th birthday; if he was five or older at the time of the act or omission, then an action cannot be brought more than five years after the act or omission occurred.

Question 12

Under Georgia law, what is the response time when a party objects to the request?

Answer 12

If the party upon whom the request is served objects in whole or in part, then the party submitting the request may move for an order with respect to any such objection or failure to respond. This section applies to discovery against a nonparty who is a “practitioner of the healing arts or a hospital or health care facility.”

In that event, a copy of the request must be served upon the person whose records are sought by certified mail, return receipt requested, or upon that person’s attorney, if known, and upon all parties of record; or, upon notice, the party seeking discovery may take a written or oral deposition of the nonparty. The nonparty may not furnish the requested materials until the court issues an order to compel discovery. If no objection is filed within 20 days of service of the request, then the nonparty must promptly comply with the request.

Question 13

Under Georgia law, what is the statute of limitation of claims arrising out of deficiency in planning, supervising, or constructing improvement to realty?

Answer 13

Eight years from substantial completion.

Ten years if an injury to a person or property accrued in the seventh or eighth year.

Question 14

Under Georgia law, what is the statute of limitation of claims arrising out of contracts for the sale of goods?

Answer 14

Four years, but the contract can amend this for a period not less than one year.

Question 15

Under Georgia law, what is the proper standard of review for a directed verdict?

Answer 15

A verdict should not be directed unless there is no issue of fact, or unless proved facts, viewed from every possible legal point of view, can sustain no other finding than that directed.

Question 16

Under Georgia law, when must service be processed?

Answer 16

If service is to be made in Georgia, then it must be made within five days of receipt of the summons and complaint. If the plaintiff acted reasonably and diligently in attempting to effect service, then a case will not be dismissed even if service occured outside the five-day window.

Question 17

Under Georgia law, what matters are considered compulsory cross-claims?

Answer 17

Cross-claims are permissive. However, Georgia courts have treated cross-claims as compulsory. A judgment on the merits is supposed to be conclusive on all matters in controversy, including all matters that could have been in controversy between parties in identical causes of action.

Question 18

Under Georgia law, how is forum nonconvenien executed?

Answer 18

If the more appropriate forum is another Georgia court, then the case should be transferred.

If the more appropriate forum is not another Georgia court, then the case should be dismissed. The defendant must file with the court a written stipulation that all defendants waive the right to assert a statute of limitations defense in all other states that the claim was not barred at the time it was filed in Georgia as necessary to effect a tolling of limitations in those states.

Question 19

Under Georgia law, what is the time to file for third-party defendants and third-party plaintiffs?

Answer 19

Third-party plaintiffs do not need the court’s permission to file a third-party claim if the third-party plaintiff does so within 10 days of serving his original answer. Otherwise, he must obtain leave on motion upon notice to all parties to the action.

Third-party defendants must assert any defenses or counterclaims against the third-party plaintiff—or cross-claims against any other third-party defendant—and may also assert defenses against the plaintiff.

Question 20

Does Georgia law allow for service by publication?

Answer 20

Yes. Georgia permits service by publication whenever a nonresident or unknown person claims or owns title to an interest in any real or personal property in Georgia.

Question 21

Under Georgia law, what is the statute of limitation of claims arrising out of oral or impled contracts?

Answer 21

Four years.

Question 22

Under Georgia law, where is proper venue in an equity case?

Answer 22

Venue is proper in the county of residence of the defendant against whom substantial relief is sought.

Question 23

Under Georgia law, what is the statute of limitation of claims arrising out of damage to reputation?

Answer 23

One year.

Question 24

Under Georgia law, what is required to issue a default judgment? What is the effect of a default judgment?

Answer 24

In Georgia, a defendant will automatically be in default if he does not file an answer within 30 days (or more if allowed).

The defendant has 15 days to open the default as a matter of right by filing defenses with costs. If the case is still in default after the 15 days, then the plaintiff is entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint or other original pleading were supported by proper evidence, without the intervention of a jury.

If the action arises in tort or involves unliquidated damages, then the plaintiff must produce evidence and establish the amount of damages before the court, and the defendant may introduce evidence to damages. Both parties have the right to move for a new trial on the damages issue, and if the defendant raised the issue of damages in a pleading, that can be a jury trial.

Question 25

Under Georgia law, what are the rules regarding permissive counterclaims?

Answer 25

Georgia allows permissive counterclaims, but unless the parties otherwise agree, the claims must be separated for trial.

Question 26

Where is the proper venue for anyone living in an army post or military reservation within Georgia?

Answer 26

If they have lived there one year preceding the filing of the action then they can bring that action in any county adjacent to the post or reservation.

Question 27

What does Georgia’s long-arm statute cover?

Answer 27

Georgia’s long-arm statute allows the state to exercise personal jurisdiction over any nonresident in a cause of action arising from his actions, omissions, ownership, use, or possession if he:

• Transacts any business in Georgia
• Commits a tort in Georgia (except defamation)
• Causes an injury in Georgia by an act or omission outside of Georgia, only if he regularly does or solicits business, engages in another persistent course of conduct, or derives substantial revenue from goods used or services rendered in Georgia
• Owns, uses, or possesses real property in Georgia
• With respect to actions for divorce, separate maintenance, annulment, or other domestic relations, or with respect to an independent support action, maintains a matrimonial domicile in Georgia at the commencement of the action or lived in Georgia prior to commencement
• Is under an order issued by a Georgia court regarding alimony, child custody, child support, equitable apportionment of debt or division of property, and the current action involves enforcement of the order or a motion by a Georgia resident to modify the order.

The long-arm statute is not limited to contract cases.

Question 28

Under Georgia law, what are the limits on the number of depositions?

Answer 28

Georgia does not limit the number of depositions unless the court, upon motion and for good cause, issues a protective order.

Question 29

Under Georgia law, what are the rules regarding cumpulsory counterclaims?

Answer 29

In Georgia, a party does not need to assert a compulsory counterclaim if:

• the claim is the subject of another pending action,
• the opposing party brought an action on his claim by attachment or another process by which the court did not gain personal jurisdiction on the claim and the pleader is not stating a counterclaim, or
• the claim is outside the court’s jurisdiction.

Question 30

Under Georgia law, what are the rules regarding interrogatories?

Answer 30

In Georgia, a party may serve another party with interrogatories requiring the party to identify any expert witness expected to testify, state the subject matter she will testify to, and state the substance of the facts and opinions she is expected to testify to along with the grounds for each opinion.

The expert witness can be deposed, but the party deposing her will have to pay the expert a reasonable fee.

Question 31

Under Georgia law, what is the response time for requests of production?

Answer 31

In Georgia, requests for production must be responded to within 30 days or, for a defendant, within 45 days of service of the summons and complaint

Question 32

Under Georgia law, what is the statute of limitation of claims arrising out of injury to persons?

Answer 32

Two years after the cause of action accrues.

Question 33

Under Georgia law, where is proper venue when the defendant moved from the plaintiff’s county of residence within six months from the filing date in a divorce or alimony case?

Answer 33

The venue is the plaintiff’s residence county if the county was the site of the marital domicile when the parties separated.

Question 34

Under Georgia law, what is required for an amendment to relate back to the orginal pleading date?

Answer 34

1. It asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out, or attempted to be set out, in the original pleading;
2. The party to be brought in by amendment receives notice of the action such that he will not be prejudiced in defending on the merits; and
3. The party to be brought in by amendment knew or should have known that the action would have been brought against him, but for a mistake concerning the proper party’s identity.

Question 35

Under Georgia law, what is the consequences of bring a lawsuit without substantial justification?

Answer 35

In Georgia, if a suit or any part thereof is brought without substantial justification, for the purposes of delay or harassment, or to unnecessarily expand the proceeding by improper conduct including abuse of discovery procedures, then the court can assess attorney’s fees and expenses.

A court will award fees and expenses to a party if the other party’s claim, defense, or position lacked any justiciable issue of law or fact, and the asserting party could not have reasonably believed that a court would accept it.

A motion for fees and expenses can be made at any time during litigation or within 45 days following the final disposition of the case.

Question 36

What test applies to determine whether a Georgia court may exercise jurisdiction over a nonresident based on transacting business in the state?

Answer 36

1. The nonresident defendant has purposefully done some act or consummated some transaction in Georgia,
2. the action arises from or is connected with such act or transaction, and
3. the exercise of jurisdiction by the courts of Georgia does not offend traditional fairness and substantial justice.

Question 37

Under Georgia law, how are websites considered for personal jurisidction?

Answer 37

Sellers of goods sold over the internet have sufficient minimum contacts with Georgia to be haled into court under the long-arm statute. The test requires a showing that:

1. The nonresident purposefully did some act or consummated some transaction in Georgia,
2. The cause of action arises from or is connected to the act or transaction, and
3. The exercise of jurisdiction does not offend trandtional fairness and substantial justice.

Question 38

Under Georgia law, which venue is proper if there are multiple potentail claims arising from one trasaction and the Georgia Constitution makes a county proper venue for only one claim?

Answer 38

The trial count can hear all claims arising from that transaction or occurance.

Question 39

What are Georgia’s special requirments regarding complaints?

Answer 39

Georgia also requires that the complaint include the factual basis for venue.

For professional malpractice claims, the complaint must include an affidavit of an expert setting forth at least one negligent act or omission claimed to exist and the factual basis for the claim. The expert must be licensed to practice the relevant profession.

In the case of a medical malpractice action, the expert must be a member of the same profession and must have been regularly engaged in

• the active practice of the relevant profession or specialty for at least three of the last five years, or
• the teaching of the relevant profession for at least three of the last five years as a faculty member of an educational institution accredited in the teaching of the profession.

Question 40

Under Georgia law, what is required to voluntarily dismiss a lawsuit? What is the effect?

Answer 40

In Georgia, a plaintiff can voluntarily dismiss a case only before the first witness is sworn or with the agreement of all parties who have appeared.

If a defendant has already pleaded a counterclaim, then the action will not be dismissed unless the defendant agrees or the counterclaim can remain pending for independent adjudication by the court.

The case can be recommenced within the statute of limitations period or within six months after the voluntary dismissal, whichever is later.

Question 41

Under Georgia law, is an answer to a counterclaim or cross-claim required?

Answer 41

An answer to a counterclaim or cross-claim is required only if the court orders it.

Otherwise, it is assumed that the allegations are denied.

Question 42

Under Georgia law, where is proper venue when the defendant is not a Georgia resident in a divorce or alimony case?

Answer 42

Proper venue is where the plaintiff resides.

Question 43

Under Georgia law, what is the result of granting a motion to dismiss for failure to state a claim upon which relief can be granted?

Answer 43

In Georgia, a motion to dismiss for failure to state a claim upon which relief can be granted shall be treated as a motion for summary judgment when the court looks at and accepts matters outside the original pleading.

Question 44

Under Georgia law, where is a corporation’s county of residence in a litigation’s involving contracts?

Answer 44

For contract claims, a corporation reisdes int he county where the contract was made or is to be performed if the corporation has an office and does business in that county.

Question 45

Under Georgia law, when should a motion for a new trial be made?

Answer 45

A motion for a new trial must be made within 30 days of entry of the judgment.

Question 46

Under Georgia law, who can serve a motion?

Answer 46

Service may be made by

• the sheriff of the county where the action is brought
• by the marshal or sheriff of the court
• by one of their deputies
• A U.S. citizen specially appointed by the court
• A certified process server
• A nonparty who is at least 18 years old and has been appointed to serve process or as a permanent process server
• The sherif of the county where the defendant resides if any defendants reside outside the county wer ethe action is filed.

Question 47

Under Georgia law, where is proper venue in an case agaisnt joint promisors, joint tortfeasors, joint obligors, copartners, or joint trespassers?

Answer 47

If all of the defendants are Georgia residents, then the suit may be brought in any county where a defendant resides.

Question 48

Under Georgia law, where is a corporation’s county of residence in litigation regarding torts or injuries?

Answer 48

For tort or injury claims, the corporation is a resident of the county where the cause of action originated if the corporation has an office and transacts business in that county (if not, a corporation can move within 45 days to transfer venue to the county where it maintains its principle place of buisness).

Question 49

Under Georgia law, how must subpoenas be processed against nonparties?

Answer 49

Generally, Georgia does not require a subpoena on nonparties.

Georgia requires a nonparty to be notified if a party is seeking the nonparty’s medical records.

Question 50

How does Georgia reach nonresident motorists involved in accidents?

Answer 50

Georgia plaintiffs may serve process on the secretary of state for an action against a nonresident based on an accident or collision in Georgia in which the nonresident was operating or controlling a vehicle.

Question 51

Under Georgia law, what occurs if a trial court makes a finding that venue is improper?

Answer 51

The trial court must transfer the case to the appropriate court.

Question 52

Under Georgia law, what is the cause of action regarding a motor vehicle accident?

Answer 52

For negligence claims stemming from motor vehicle accidents, Georgia recognizes two separate and distinct causes of action. The plaintiff may assert a cause of action for injuries to persons and a cause of action for injuries to property. The causes may be prosecuted in one case, but the plaintiff also has the option of pursuing them in two separate cases.

Res judicata will not apply when the causes of action are brought in separate cases.

Question 53

Under Georgia law, what are the rules regarding supoenas?

Answer 53

Upon request, subpoenas for depositions are issued by the clerk of the superior court of the county in which the action is pending or by the clerk of any court of record in the county where the deposition is to be taken.

Upon agreement of the parties, an attorney may issue a subpoena if the deposition will pertain to a pending action in a court where he is authorized to practice.

Nonresidents cannot be compelled to come to Georgia to be deposed unless they are a party to the lawsuit.

Question 54

Under Georgia law, what is the statute of limitation of claims arrising out of products liability?

Answer 54

Ten years from the date of the first sale for use or consumption, unless the action is

• for injuries or damages arising out of negligence in manufacturing products that causes diseases or birth defects,
• based on conduct manifesting a willful, reckless, or wanton disregard for life or property, or
• based on a manufacturer’s breach of his duty to warn of a danger arising from use of a product.

Question 55

Under Georgia law, what venue is appropriate against nonresident motorists?

Answer 55

The county where the accident or injury occured, the cause of action originated, or in the county where the plaintiff resides.

A nonresident involved in the same accident or collision who is suable can be joined in the county where a resident defendant can be sued.

Question 56

Under Georgia law, what is the statute of limitation of claims arrising out of trespass upon or damage to realty?

Answer 56

Four years.

Question 57

Under Georgia law, what is the attorney’s pleading requirement?

Answer 57

Georgia requires every pleading to be signed by an attorney of record and include his or her name and address. If there is no attorney, then the party must sign and include his name and address instead.

The signature certifies that the party or attorney has read the pleading and that it is not being brought for the purposes of delay. Failure to properly include an attorney certification opens the party or attorney to sanctions, including fees.

Question 58

Under Georgia law, what court generally has proper venue?

Answer 58

Generally, venue is the county where the defendant resides.

Question 59

Under Georgia law, what factors are useful to determine forum non conveniens?

Answer 59

• The relative east of access to sources of proof
• The availability and cost of compulsory process for the attendance of unwilling witnesses
• The possiblity of viewing the premises, if viewing would be appropriate,
• Any expense or trouble for the defendant that is unnecessary for the plaintiff’s right to pursue her remedy
• Administrative difficulties for the forum court
• The existence of local interests in deciding the case locally, and
• The traditional deference given to a plaintiff’s choice of forum.

Question 60

Under Georgia law, may a party appeal an interlocutory order?

Answer 60

Georgia allows interlocutory appeals regarding orders in divorce, alimony, and other domestic-relations cases; temporary restraining orders; and a number of other orders.

Appeals may also be requested within 10 days of an order being entered if the order is important enough to the case that it requires immediate review.

Question 61

Under Georgia law, how is service of corporate defendant commenced?

Answer 61

Service on a business incorporated in Georgia or authorized to do business in Georgia is made on an officer or a managing or registered agent; however, if such service cannot be made, then service can be made on the secretary of state instead.

The plaintiff must certify in writing that

• he has forwarded by registered mail or overnight delivery the process, service, or demand to the last registered office or agent listed in the secretary’s records,
• service cannot be effected at that office, and
• it appears that the corporation has failed either to maintain a registered office or appoint an agent in Georgia.

If the certification indicates that there is a last known address outside of Georgia, then the plaintiff must also mail the summons and complaint to that address. Georgia also allows service on a corporation with no registered agent to be made using certified mail or overnight delivery addressed to the secretary of the business at the corporation’s principal office. Service will be considered perfected when the corporation receives the mail, on the date shown on the return receipt (if signed on behalf of the corporation), or five days after it was postmarked (if correctly addressed and postage paid), whichever is earliest.

Question 62

Under Georgia law, when must a objection to jury instructions be made?

Answer 62

In Georgia, an objection to jury instructions can be made at any point until the verdict is announced.

Question 63

How much time does a defendant have to file an answer?

Answer 63

A defendant ahs 30 days to file an answer to a compliant. A pre-answer motion does not toll this period.

Question 64

Under Georgia law, is an action respecting title to land a local action?

Answer 64

No. An action to cancel deed is an equitable action. Accordingly, it must be brought in the county where the defendant resides.

Question 65

Under Georgia law, where is a corporation’s county of resident in litigations regarding garnished wages?

Answer 65

For garnish proceedings, a corporation is a resident of the county where the corporate office or place of business where the employee who is the defendant in the main action is employed.

Question 66

Under Georgia law, what is required for physical examinations?

Answer 66

Georgia requires physical examinations to be made by physicians and mental examinations to be made by a physician or licensed psychologist.

Question 67

Under Georgia law, what is required when suing the State or its subdivisions?

Answer 67

Georgia requires ante litem notice, which is a written demand provided to the state before filing the lawsuit.

The state requires notice within 12 months of the injury that is written and hand delivers or mailed (using either certified or overnight delivery), return receipt requested, to the Risk Managmeent Division of the Department of Administrative Services, and it requires a copy to be sent by either First Class mail or personal delivery to the government office whose acts or omissions are the basis for the claim.

Failure to comply results in dismissal of the claim for lack of subject matter jurisdiction over the action.

Question 68

What occurs if an expert affidavit is not properly filed in Georgia court with an complaint regarding professional malpractice?

Answer 68

If an expert affidavit is not filed, then the defendant does not have to file an answer until 30 days after the affidavit is filed, and no discovery will take place until it is filed.

Despite the requirement, the plaintiff may have an additional 45 days to file the affidavit if

1. the statute of limitations will run within 10 days of filing the complaint,
2. the plaintiff alleges an affidavit could not be prepared because of time restraints, and
3. the plaintiff’s attorney files an affidavit swearing that he or his firm was retained within 90 days before the statute of limitations.

If the affidavit is allegedly defective, then the defendant can file a motion to dismiss on or before the close of discovery, and the plaintiff’s complaint can be dismissed for failure to state a claim.

The plaintiff will have 30 days to cure the alleged defect, and the court can extend time as justice requires. If the plaintiff failed to file the affidavit, and the defendant brings it up as a ground for dismissal, then the plaintiff will have his case dismissed and will not be allowed to renew the claim unless the court can determine that the plaintiff had the affidavit at the time of filing but, by mistake, failed to file it.

Question 69

Under Georgia law, what is response time for requests for admissions?

Answer 69

In Georgia, requests for admission must be responded to within 30 days, or for a defendant, within 45 days of service of the summons and complaint. Georgia courts can allow shorter or longer time frames. Ga. Code Ann. § 9-11-36.

Question 70

What effects, if any, does basing application of Georgia’s long-arm statute on real property cause?

Answer 70

If jurisdiction under the long-arm statute is based on real property ownership, use, or possession, then jurisidction will not be defeated if the defendant no longer owns the property when the action is filed.

As long as the cause of action arises from the defendant’s past ownership, use, or possession of the property, the court has jurisdiction.

Question 71

What venue is appropriate whe personal jurisdiction applied Georgia’s long-arm statute?

Answer 71

Generally, venue is proper in a county where a substantial part of the business was transacted, the tort or injury occurred, or the real property is located.

For actions involving a nonresident defendant and a resident defendant, venue is proper in a county where the resident defendant may be sued.

Jurisdiction and venue over the nonresident defendant is not lost if a verdict is returned in favor of the resident defendant. If the resident defendant is dismissed before the trial commences, then the action against the nonresident does not abate but must be transferred to a county where venue is proper.

Question 72

Under Georgia law, what is the doctrine of forum non conveniens?

Answer 72

Georgia courts must not adjudicate matters if, in the interest of justice and for the convenience of the parties and witnesses, a claim or action would be more proper in a forum out of state or in a different county.

Question 73

Under Georgia law, when should a judgment notwithstanding the verdict be made?

Answer 73

In Georgia, a motion for judgment notwithstanding the verdict must be made within 30 days of the judgment.

Question 74

Under Georgia law, what are the limits to the number of interrogatories?

Answer 74

Georgia limits each party to 50 interrogatories.

More interrogatories can be made with leave of the court, but the party must show complex litigation or undue hardship incurred if the extra interrogatories are not permitted.

The right to object to interrogatories is waived when objection is not timely made.

Question 75

Under Georgia law, where generally is a corporate person’s county of residence?

Answer 75

Generally, a corporation resides in any county where it has a registered officer or where it last had a registered or principal office.

Question 76

Under Georgia law, what is the rule of interpleader?

Answer 76

Georgia’s interpleader statute is the same as FRCP Rule 22. Under Rule 22, persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead.

Such joinder is proper even though the claims of the claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical or even though the plaintiff denies liability in whole or in part to any or all of the claimants. A defendant who is exposed to similar liability may seek interpleader through a cross-claim or counterclaim.

The primary standard for determining the propriety of an interpleader action under Rule 22 is whether the party bringing the action legitimately fears multiple claims against the property.

Georgia also allows equitable interpleader when a disinterested stakeholder holds property or debts to which more than one person lays a claim and there is such a close question of law or fact that it is doubtful or dangerous for the stakeholder to act.

Question 77

Under Georgia law, when must a party respond to an amended pleading?

Answer 77

A party must respond to an amended pleading only if the court orders it.

Question 78

Under Georgia law, when can a court decline to exercise juridiction over a nonresident’s action that accrued outside Georgia?

Answer 78

The court considers:

• Where the cause of action accrued
• Where the witnesses are located
• Where the parties reside
• Whether a party is trying to get around an applicable statute of limitations in another state, and
• Convenience to and burden on the court.

A party who wishing to move jurisdiction under these factors must file a motion within 90 days after the last day allowed for filing an answer.

Question 79

Under Georgia law, when must a motion for directed verdict be made?

Answer 79

A motion for a directed verdict may be made at the close of the evidence offered by an opponent or at the close of the case. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that a motion is not granted without having reserved the right to do so and to the same extent as if the motion had not been made. A motion for a directed verdict shall state specific grounds. The order of the court granting a motion for a directed verdict is effective without any assent of the jury.

Question 80

When may a pleader correct an omitted counterclaim?

Answer 80

When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment.

Question 81

Under Georgia law, where is proper venue in a case against the maker or endorser of a promissory note, or drawer, acceptor, or endorser of foreign or inland bills oexichange or like instruments?

Answer 81

The proper venue is the county where the maker or acceptor resides.

Question 82

Under Georgia law, when may a pleader amend his or her compliant?

Answer 82

In Georgia, any party can amend a pleading at any time before a pretrial order is entered.

After that, amendment can be made only by leave of the court or by written consent of the other party. Leave shall be freely given when justice so requires.

Question 83

Under Georgia law, does claim preclusion require mutuality?

Answer 83

Georgia generally requires mutuality of parties or their privies.

Question 84

Under Georgia law, how does dismissal without prejudice effect the statue of limitations?

Answer 84

The xase may be recommenced within the origianl statute of limiations period or within six months after the discontinuance or dismissal, whichever is later.

The plaintiff will be required to pay costs.

Question 85

What must a plaintiff and his or her attorney file with the complaint in Georgia court if the alleged conduct could be interpreted as free speech?

Answer 85

If a defendant’s actions could reasonably be construed as being in furtherance of free speech or the right to petition the government for redress of grievances in relation to an issue of public concern, then the plaintiff and his attorney must file, along with the complaint, a verification under oath that the plaintiff and attorney:

1. Have read the claim;
2. After reasonable inquiry and to the best of their knowledge and belief, have determined that the claim is well grounded in fact and is warranted by existing law or a good-faith argument for an extension or change in existing law;
3. Have determined that the act on which the claim is based is not a privileged communication; and
4. Have determined that the claim is not being brought for an improper purpose.

Wrongful verification of a claim subjects the plaintiff and/or his attorney to sanctions, which may include dismissal and reasonable expenses.

Question 86

Under Georgia law, what occurs when venue vanishes?

Answer 86

If the defendant who reside in the county where an action is pending are discharged from liablity before or upon the return of a verdict by the jury or court, then a nonresident defendant can have the case transferred to a courty and court where venue would be proper.

If there are multiple proper counties, then the plaintiff can choose.