Trial and Post-Trial Motions

Question 1

When is a jury trial available?

Answer 1

Available to the same types of claims as in federal court

Parties need not demand a jury

• exception for default judgment for damages

12 jurors in Superior Court (Ga. Const.)

6 jurors in State Court

• if the claim is in excess of $25,000, may demand jury of 12

Question 2

What are the grounds for a motion to set aside a judgment?

Answer 2

Lack of subject matter jurisdiction

Fraud, accident, or mistake

Non-amendable defect** on the face of the **record** or **pleadings

Question 3

When are interlocutory appeals available to the parties?

Answer 3

Final judgment rule applies

Interlocutory appeals:

• accounting
• alimony
• mandamus
• extraordinary relief
• summary judgment as to any issue