THEMIS PLEADINGS Flashcards
What is required for pleadings in Georgia?
Every pleading must be signed by an attorney of record or the party, including their name and address. This certifies that the pleading has been read and is not for delay.
Ga. Code Ann. § 9-11-11.
How must pleadings be filed in Georgia?
All pleadings and documents related to a civil action must be filed electronically through the court’s electronic filing service provider.
Ga. Code Ann. § 15-6-11, 15-7-5.
Who can represent a corporation in court in Georgia?
Only an attorney can represent a corporation in court. A corporate officer may not represent the corporation unless they are also a licensed attorney.
Uniform Rules Superior Courts of the State of Georgia 2017.
Who can serve process in Georgia?
Service may be made by the sheriff, marshal, their deputies, a specially appointed U.S. citizen, a certified process server, or a nonparty who is at least 18 years old.
Ga. Code Ann. § 9-11-4.
What happens if defendants reside outside the county where the action is filed?
The clerk issues a second original and copy for the other county, which the sheriff serves and returns to the clerk.
Ga. Code Ann. § 9-10-72.
What is the time limit for service in Georgia?
Service must be made within five days of receipt of the summons and complaint, but a case will not be dismissed if the plaintiff acted reasonably and diligently.
Ga. Code Ann. § 9-11-4.
How is service made on minors or persons of unsound mind in Georgia?
Service must be made personally on the defendants and their parents or guardians.
Ga. Code Ann. § 9-11-4.
What is required for electronic service of pleadings in Georgia?
A person may consent to electronic service by filing a notice of consent, and attorneys are presumed to consent to future electronic service when filing electronically.
Ga. Code Ann. § 9-11-5.
How is service on corporations conducted in Georgia?
Service is made on an officer or registered agent; if not possible, it can be made on the secretary of state. Certification of attempts to serve is required.
Ga. Code Ann. § 9-11-4.
What is the maximum duration for a Temporary Restraining Order (TRO) in Georgia?
TROs may remain in effect for no longer than 30 days unless extended by consent.
Ga. Code Ann. § 9-11-65.
What must a complaint in Georgia include?
The complaint must include the factual basis for venue and, for professional malpractice claims, an expert affidavit detailing at least one negligent act.
Ga. Code Ann. § 9-11-8.
What happens if an expert affidavit is not filed in a Georgia malpractice case?
The defendant does not have to file an answer until 30 days after the affidavit is filed, and no discovery occurs until it is filed.
Ga. Code Ann. § 9-11-9.1.
How is a motion to dismiss for failure to state a claim treated in Georgia?
It shall be treated as a motion for summary judgment if the court considers matters outside the original pleading.
Ga. Code Ann. § 9-11-12(b).
What can a court do if a suit is brought without substantial justification in Georgia?
The court can assess attorney’s fees and expenses if the suit is found to be frivolous or groundless.
Ga. Code Ann. § 9-15-14.
What is Georgia’s anti-SLAPP statute designed to protect?
It protects against Strategic Lawsuits Against Public Participation (SLAPP) and encourages citizen participation in public matters.
Ga. Code Ann. § 9-11-11.1.
