GA Civil Procedure Flashcards
Personal Jurisdiction Over Non-Resident
Allowed if in person or through an agent he:
- transacts any business in GA
- commits a tortious act or omission in GA, except as to a cause of action for defamation or character arising from the act
- commits a tortious injury in GA caused by an act or omission outside the state if the tortfeasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from good used or consumed or services rendered in GA
- owns, uses, or possesses any real property in GA OR
- with respect to proceedings for alimony, child support, or division of marital property in connection with divorce or action for support (a) maintains a matrimonial domicile in GA at the time of the commencement of the action or (b) resides in GA preceding the commencement of the action
Long Arm Statute
Extends to the limits of due process. Intangible presence such as by mail and telephone contact alone may be sufficient to establish the purposeful activity in the state necessary for personal jurisdiction.
Venue and Title to Land
Must be tried in the county where the land lies, except where a single tract is divided by a county line then either county has jurisdiction
Venue and Civil Cases Involving Transitory Causes of Action
Must be tried in the county where the D resides when the case is filed
Venue and Equitable Relief
Must be filed in the county of the residence of one of the Ds. For injunctions, the action may be filed in the county where the proceedings are pending, so long as no relief is sought as to matters not include in the litigation.
Venue and Non-Residents
May be subject to an action in any county thereof in which he may be found at the time when the action is brought. Must take place in any county where a substantial part of the business involved was transacted, the trotious act was committed, or the real property is located.
Venue and Corporations
Subject to venue in the county where the corporation maintains its registered office or, if no registered office, where the last registered office or principal office was located.
Transfer
Must be done when the appropriate court lies elsewhere in the state or when the court determines that an impartial jury cannot be obtained in the county where the case is pending.
Dismissal
When the case would be properly heard outside of the state, the court must dismiss the case.
Transfer or Dismiss
Court must consider the following:
- relative ease of access to sources of proof
- availability and cost of compulsory process for attendance of unwilling witnesses
- possibility of viewing of the premises
- unnecessary expense or trouble to the D not necessary to the P’s own right to pursue his or her remedy
- administrative difficulties for the forum courts
- existence of local interests in deciding the case locally AND
- the traditional deference given to a P’s choice of forum
Service of Process Delivery
Process must be served in GA by:
- the sheriff of the county where the action is brought or where D is found
- any citizen of the US specially appointed for that purpose OR
- someone who is not a party and is at least 18 years old and has been appointed as a permanent process server by the court in which the action is brought
Service of Process
If represented by counsel, service must be made upon the attorney unless service upon the party himself is ordered by the court.
Service of Process and Corporations
Must be delivered to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent.
Statute of Limitations
The period begins running when the cause of action accrues. A tort accrues when the injury is inflicted. A contract action accrues when the offer is accepted and the contract is formed. If the D absent from the state when the cause of action accrues, the time begins to run from the time he returns.
1 Year Statute of Limitations
- defamation or injuries to reputation
2. medical malpractice for foreign objects
2 Year Statute of Limitations
- breach of restrictive covenant
- personal injury
- medical malpractice
- products liability
4 Year Statute of Limitations
- breach of contract
- contracts for the sale of goods and other contract actions, express or implied
- trespass upon or damage to realty
- injuries to personal property and actions for recovery of personalty
5 Year Statute of Limitations
civil action for recovery of damages suffered as a result of childhood sexual abuse, five years from reaching age of majority
6 Year Statute of Limitations
actions on simple written contracts
7 Year Statute of Limitations
Possession of real property under written evidence of title
8 Year Statute of Limitations
deficiency in survey, plat, planning, design, specifications, supervision, or observation of construction
10 Year Statute of Limitations
actions against fiduciaries
12 Year Statue of Limitations
adverse possession
Toll
P must
- file law suit before time limit expires AND
- make a good faith effort to serve process on the D within the statutory period (if served after SOL date related back to the date of filing if service occurs within 5 days allowed to the process server)
Discovery Rule
Time doesn’t begin to run until the P has actual knowledge of the harm or until a person of reasonable diligence should have had knowledge. Applicable only in cases of bodily injury that develop over an extended period of time, not in property damages cases.
Pleadings
Every pleading by a party represented by an attorney must be signed by at least one attorney of record. Unless otherwise provided by rule or statute, no verification or affidavit is required. All papers after the complain that are required to be served upon a party must be filed with the court within the time allowed for service.
Answer
Must be served within 30 days after service of the summons and complaint. At the time of answering or in a motion to dismiss, D must raise the following defenses or they are deemed waived:
- lack of personal jurisdiction
- improper venue
- insufficiency of process AND
- insufficiency of service of process
Cross-Claim or Counterclaim
Doesn’t require a reply and automatically stands denied without a reply unless one is required by order of the court.
Compulsory Counterclaim
- exists at the time of serving the answer
- arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim AND
- doesn’t require the presence of 3rd parties who cannot be joined
Permissive Counterclaim
Not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim. It will be separated for trial, unless the parties otherwise agree.
Joinder and Substitution of Parties
In GA, a motion for substitution of parties must be made within 180 days after the death of a party
Impleader
In GA, no leave of court is required for impleader if the filing is made within 10 days after D serves the original answer. Cross-claims must be asserted by the 3rd party D in his response to the 3rd party complaint.
Equitable Interpleader
- all of the claimants must claim the same thing, debt, or duty
- all of the adverse titles or claims must be derived from a common source
- the P must not have any interest in the subject matter AND
- the P must be merely a stakeholder, with no independent liability
Automatic Duty to Disclose
GA doesn’t impose on the parties an automatic duty to disclose certain types of basic info without formal discovery requests. The frequency of use of any discovery method is not limited, unless the court orders otherwise.
Deposition
A subpoena for a deposition may be issued, upon request, by the clerk of the superior court of the county where the action is pending, or the clerk of any court in the county where the deposition is to be taken.
Interrogatories
GA permits 50 interrogatories and more will be granted upon a showing of complex litigation or undue hardship. May be served upon the P any time after commencement of the action
Requests for Production of Documents
The request for these forms of discovery may be served, without leave of court, upon the P anytime after commencement of the action, and may be served upon any other party with or after service of the summons and complaint upon that party.
Requests for Admission
May be served, without leave of court, upon the P anytime after commencement of the action, and upon any other party with or after service of summons and complaint upon that party
Physical or Mental Examination
The court may order a party to submit to a physical examination by a physician or a mental exam by a physician or licensed psychologist
Summary Judgment
Claimant may move for summary judgment after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.
Directed Verdict
May be made at the close of the evidence or at the close of the case. Making this motion doesn’t prevent a party from presenting evidence if the motion is denied, nor does the making of the motion constitute a waiver of jury trial.
JNOV
Must be made within 30 days after entry of judgment or after the jury is discharged, if no verdict was returned.
Trial Courts
- state court
- superior court
- magistrate court
- probate court
- juvenile court
Appellate Court
- supreme court
2. court of appeals
State Court Jurisdiction
- trial of criminal cases below felonies
- trial of civil actions without regard to the amount in controversy, except those with exclusive jurisdiction in the superior courts
- hearing of applications for and the issuance of arrest and search warrants
- holding of courts of inquiry
- punishment of contempt by fines not exceeding $500 or by imprisonment not exceeding 20 days, or both
- review of decisions of other courts
Superior Court Jurisdiction
Jurisdiction over all cases. Exclusive jurisdiction over: 1. felonies 2. divorce 3. equity 4. title to land Can take appeals from magistrate
Magistrate Court
Jurisdiction over civil claims up to $15,000. Cannot take jurisdiction over things within exclusive jurisdiction of superior court. Proceedings in the magistrate court are not subject to the GA civil practice act so no jury trial, procedural rules are liberally construed, and proceedings are relatively informal. Appeals go to state or superior court of appeals.
Probate Court Jurisdiction
- wills
- administration of estates
- guardianship
- minors and incapacitated adults
- estate of incompetent people
Appeals to superior court of appeals if there was a jury trial and the superior court if there wasn’t a jury trial.
Juvenile Court Jurisdiction
- delinquency actions for non-capital crimes
- deprivation
- actions concerning termination of parental rights
Appealed to the court of appeals or the superior court
Supreme Court Appellate Jurisdiction
- equitable disputes
- cases involving the construction of a treaty or of the state constitution
- title to land
- equitable remedies
- wills
- habeas corpus
- extraordinary remedies
- divorce and alimony
- cases certified to the court by the court of appeals
Supreme Court Discretionary Jurisdiction
Cases of great public importance or grave
Court of Appeals
Exercise appellate jurisdiction and certiorari jurisdiction in all cases not reserved to supreme court or other courts.
Vanishing Venue
If all D who reside in the county are discharged from liability before or upon the return of a verdict, a non-resident D may require that the case be transferred to a county where venue would be proper.
Service on Minor or Incompetent
Must be made to D and to their parent, if minor, or guardian, if incompetent.
Service by Publication
Publication in the paper in which sheriff’s ads are printed, 4 times within the ensuring 60 days, each time at least 7 days apart
Complaint for Medical Malpractice
Must state the certain amount of damages sought or if over $10,000 just write “demands judgment in excess of $10,000”
Number of Jurors
In a civil case, the jury must be made up of 12 jurors. The general assembly may assign not less than 6 jurors.
What is Appealable
- final orders
- interlockatory orders
- discretionary appeals
