CIVIL PRACTICE REFORM Civil Practice: Amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, Relating to the “Civil Practice Act,” so as to Change Provisions Relating to Civil Practice; Provide for the Appointment of Special Masters; Provide for Authority; Provide for Orders and Reports; Provide for Procedure; Provide for Compensation; Provide for a Stay of Discovery When a Motion to Dismiss Is Filed; Provide for Related Matters; Provide for Effective Dates and Applicability; Repeal Conflicting Laws; and for Other Purposes.

Authors

Kimberly HermannFollow
Melissa G. HodsonFollow

Document Type

Peach Sheet

Abstract

This Bill provided for a “loser pays” provision that the party losing on a motion to dismiss would be assessed the prevailing party’s attorney fees. The Bill also provides for a stay of discovery when a motion to dismiss is filed to ensure that the costly discovery process would not begin until the legal merits of a complaint have been tested. This legislation was originally introduced by the Governor to reduce frivolous law suits in Georgia and provide relief to those wrongly sued.

Recommended Citation

Kimberly Hermann & Melissa G. Hodson, CIVIL PRACTICE REFORM Civil Practice: Amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, Relating to the “Civil Practice Act,” so as to Change Provisions Relating to Civil Practice; Provide for the Appointment of Special Masters; Provide for Authority; Provide for Orders and Reports; Provide for Procedure; Provide for Compensation; Provide for a Stay of Discovery When a Motion to Dismiss Is Filed; Provide for Related Matters; Provide for Effective Dates and Applicability; Repeal Conflicting Laws; and for Other Purposes., 26 Ga. St. U. L. Rev. (2009).
Available at: https://readingroom.law.gsu.edu/gsulr/vol26/iss1/8