GA. CIVIL PROCEDURE Flashcards
Superior Court Jurisdiction
Superior courts have general jurisdiction over state court claims + exclusive jurisdiction over (1) felonies, (2) divorces, (3) equity cases, and (4) title to land cases.
Magistrate Court Jurisdiction
Civil claims up to $15,000.
The procedural rules are liberally construed in magistrate courts.
Personal Jurisdiction
Refers to a court’s authority over a particular person or piece of property.
In personam jurisdiction can be based on presence, consent (by waiver or contract), or domicile.
Personal Jurisdiction Over Non-GA Residents (Long Arm Statute)
Georgia construes its long arm statute to the limits of due process.
“Georgia’s long arm statute will grant a Georgia court personal jurisdiction over an out of state defendant if they have such minimum contacts with the state such that jurisdiction would not offend the traditional notions of fair play and substantial justice.”
Georgia has personal jurisdiction over a non-resident if they —
1. transact business in Georgia.
2. commit a non-defamatory tortious act in Georgia.
3. owns/uses property in Georgia.
4. are in a family law case for support or custody and their matrimonial domicile was in Georgia preceding the action.
5. commit an out of state tort that causes an in-state injury.
Minimum Contacts for Long Arm Statute/Due Process
Georgia construes its long arm statute to the limits of due process.
The Georgia long arm statute will afford personal jurisdiciton over a non-resident defendant if that defendant has sufficient minimum contacts with the state so as not to offend the traditional notions of fair play and substantial justice.
Venue
1 ∆ = the county of that ∆’s residence.
Title to land = the county where the land sits, unless divided by county lines, in which case, either county.
Equitable relief = county of the residence of at least 1 ∆.
In a claim against the government = where the actions giving rise to the claim occurred or where the gov’t employee who caused the suit resides.
Special Rules for Divorce Venue
If the ∆ is a Georgia resident = the county of the ∆’s residence.
If the ∆ is a non-Georgia resident = the county of the π’s residence.
If the ∆ has moved from the marital residence within 6 months = the county of the marital residence.
If the ∆ is a resident of a U.S. Army post for at least one year up to the filing = any adjacent county to the post.
Venue For a Non-Resident ∆
- Where the ∆ is at the time the action is brought.
- Where a substantial part of the business was transacted.
- Where the tortious act/omission occurred.
- Where the real property is located.
Venue for Corporations
- The county where the corporation has an office + transacts business.
- The county where the contract was made and enforced if the corporation has an office there.
- The county where the tort occurred if the corporation has an office there.
If the corporation has no office and transacts no business in the county where the case is filed, they can remove within 45 days.
Forum Non Conveniens
On motion, the court can transfer the case in the interests of justice + for the convenience of the parties and evidence.
If the more proper venue is in another state, the court MUST dismiss.
If the more proper venue is elsewhere in Georgia, the court MAY transfer.
Factors considered include: the ease of access to the source of proof, any unnecessary expense to the ∆, local interests in deciding the case locally, and access to the premises, if needed.
The ∆ must stipulate to a SOL waiver before dismissal for forum non conveniens.
Vanishing Venue
If venue is based on a resident ∆’s county and that ∆ is dismissed before trial, the proper venue is lost and must be transferred.
Out-of-State Tortious Act Causing Injury in Georgia
If a non-resident commits an out of state tort that causes in injury in Georgia, Georgia will have personal jurisdiction over the non-resident if:
- They regularly conduct or solicit business in Georgia;
- They engage in a persistent course of conduct or derive substantial revenue from Georgia.
Service of Process
Who can serve?
- Sheriff of that county; any citizen appointed by the court; any 18+ non-party appointed as a permanent process server.
Must serve within 5 days of filing summons/complaint.
Must serve the ∆ personally, at their abode with a person of suitable age, with a registered agent, or can be waived (increasing the deadline to answer to 60 days instead of 30).
Service on Special Parties
Minors — must be served personally + to a guardian.
Corporations — must serve the president, officer, any agent, or the Secretary of State of Georgia.
Nonresident Motorist — Secretary of State + mail.
Accrual of Statute of Limitations
If a plaintiff does not file their claim within the statutory time period required for that claim, the claim is barred. The statute of limitations begins when the cause of action accrues.
TORTS = Cause of action accrues when the injury is inflicted.
PERSONAL INJURY = Discovery Rule, cause of action accrues when the plaintiff has actual knowledge of the harm, or a when reasonable person would have had knowledge.
CONTRACT = Cause of action accrues when the contract becomes due or when breach occurs.
Tolling Statute of Limitations
Minority: SOL is tolled until the plaintiff turns 18.
Incapacity: SOL is tolled until the disability is removed.
Attorney Certification
Every pleading must be signed by at least one attorney. Only verifies that they read it and are not interposed for delay.
Complaint
Georgia requires “notice pleading”. Which includes:
(1) the basis for venue,
(2) a demand for judgment/prayer for relief, and
(3) enough facts to put the ∆ on notice of the claim and would entitle the plaintiff to relief.
Pleadings are to be simple, concise, and direct; technical forms are not required.
Parties are permitted to plead claims or defenses in the alternative.
Pleadings are to be construed so as to do “substantial justice”.
Special Pleadings
Allegations of fraud/mistake, medical malpractice claims, denial of performance or absence of a condition precedent, and special damages must all be plead with particularity.
Medical malpractice claims must either state a sum certain if seeking damages under $10k or state that they are seeking damages in excess of $10k. ALL MED. MAL. COMPLAINTS MUST INCLUDE AN EXPERT AFFIDAVIT. (Establishing the negligent act and the factual basis for the claim)
Affirmative Defenses and Waiver
Must be brought within 30 days of receiving summons + complaint.
The following affirmative defenses MUST be included in the answer or MTD, or they are deemed waived —
- Lack of personal jurisdiction;
- Improper venue;
- Insufficient process or service.
The following defenses are not waivable + can be asserted at any time—
- Failure to state a claim upon which relief can be granted.
- Failure to join an indispensable party.
- Failure to state a legal defense.
- Lack of subject-matter jurisdiction can never be waived.
Compulsory Counterclaim/Cross-Claim
Must be brought by the ∆ or it is waived.
A counterclaim/cross-claim is compulsory if it arises out of the same transaction or occurrence as the existing claim.
Amendment of the Pleadings
May amend as a matter of right at any time before the pretrial conference order.
After the pretrial conference order, must either (1) get leave of court or (2) written consent by the adverse party. Leave will be freely given by the court when justice so requires.
Relation Back Doctrine: Adding a new claim will relate back to the time of the original filing if it arose from the same transaction or occurrence as the original claim.
Permissive vs. Compulsory Joinder
Joinder is permissive if it arises from the same transaction or occurrence and includes a common question of law and fact.
Compulsory if ∆ is necessary; i.e. the court can’t grant full relief without them and the party can’t protect their interest without being joined.
Claim will be dismissed if the ∆ is necessary and indispensable, but joinder is not feasible.
SOL for Defamation + Med. Mal. for Foreign Objects
1 year from the injury or reasonable discovery of the injury.
