Pleadings and amendments and SOL Flashcards
1
Q
In GA state courts, complaints must contain what?
A
short and plain statement of jurisdiction, claims, and relied with sufficient information to place the adverse party on notice of the claims and defenses. MUST contain factual allegations of venue
2
Q
Whar responses must be filed in the first response within 30 days of service of process or are waived?
A
- Lack of PJ
- Improper process
- Challenging venue
3
Q
What is the general rule for amendments?
A
A pleader may amend once as of right up to the pre trail order or up to the start of trial if no pretrial order is entered
4
Q
1 year SOL
A
- damage to reputation
- actions for foreign object left in patient’s body (from date of discovery of the negligent or wrongful action or omission)
5
Q
2 year SOL
A
- Personal injury
- Medical malpractice (from date of injury, and subject to a 5 year statute of ultimate repose)
6
Q
4 year SOL
A
- property damage
- Trespass to realty
- Oral or implied contracts
- Contracts for sale of goods ( k for sale of goods may lower the period to not less than one year)
7
Q
6 Year SOL
A
- Written contracts (from when they become due and payable)
8
Q
8 year SOL
A
- actions for deficiency of survey, plat, plan, design specification, supervision, or observation of construction (and subject to a broad 10 year statute of ultimate repose)
9
Q
10 year SOL
A
- most products liability actions (from date of first use or consumption of product)
10
Q
20 year SOL
A
- Written contracts under seal