GA CIV PRO RULE STATEMENTS Flashcards
What happens if a defendant fails to file an answer within 30 days in Georgia?
The defendant is automatically in default.
What can a defendant do if no more than 15 days have passed since the default?
The defendant has the right to open the default, subject only to liability for costs.
Under what conditions may the court open a default after 15 days?
The court may open the default for providential cause, excusable neglect, or proper cause determined by the judge, on payment of costs.
What must a motion to open the default include?
The motion must be made under oath, set up a meritorious defense, offer to plead instanter, and announce readiness to proceed with the trial.
What is a compulsory counterclaim in Georgia?
A compulsory counterclaim arises from the same transaction or occurrence as the underlying claim.
What may the court order regarding the trial of separate issues?
The court may order trial of separate issues resulting from the original claim and the counterclaim.
What is the difference between liquidated and unliquidated damages?
Liquidated damages are for a sum certain, requiring no evidence before judgment; unliquidated damages require evidence to establish damages.
When is a hearing on damages held before the court?
The hearing is before the court unless either party demands a jury.
When can a party demand a jury regarding damages?
A party may demand a jury only if the defendant has placed damages in issue by filing a pleading raising the issue.
What law does Georgia generally apply in legal cases?
Georgia will apply its own law absent an express agreement by the parties to apply the law of another state.
What factors does Georgia consider in determining which law to apply?
Georgia looks to which state has the most significant connection to the parties and the claim, considering the parties’ expectations and the state’s interest in the case.
