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MEE - GA > Georgia Civil Procedure > Flashcards

Georgia Civil Procedure Flashcards

1
Q

Under GA law, what are the three basis for PJ?

Personal Jurisdiction

A
  • Consent (express or implied)
  • Presence (Actual, Domicile, Corporations)
  • Long Arm Statute (LIMIT)
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2
Q

How does one impliedly consent to PJ?

Personal Jurisdiction

A

Failing to object to the excercise of PJ in the first response tothe complaint within 30 days of service of process.

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3
Q

What are the 3 forms of presence which grant PJ?

Personal Jurisdiction

A
  • Actual: Presence in the state when served with process
  • Domicile: A natural person domiciled in GA, must be true home, with intent to return to GA.
  • Corporations: an entity incorporated in GA
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4
Q

What is covered by the GA long arm statute?
LIMIT

Personal Jurisdiction

A
  • ** Land:** Defendant owns, uses, possesses land in GA related to the lawsuit
  • Injury: injury results from the defendant committing a tort in GA or an injury results in GA from defendant’s tort committed outside GA if defendant also does regular business in GA
  • Matrimony: An action for child support, alimony, or divorce (SAD) against D who is domiciled in GA before action is filed
  • Insurance: D enters **a contract for risk located in GA ** from which the lawsuit derives
  • Transaction of Business: A contract negotiated, made, or to be perfromed in GA from which the lawsuit derives.
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5
Q

What is the non-resident motorist act?

Personal Jurisdiction

A

The nonresident motorist act provides jurisdiction over nonresidents who operate a motor vehicle in GA, but only for claims arising from their ownership or operation of the vehicle. The D must have been a nonresident at the time of the accident

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6
Q

What is the time frame for effective service?

Notice to the Defendant

A

An instate process server must serve the summons and complaint within 5 days of receipt.
If req. is not met, P will have to show due dillegence to effect service within a reasonable time.

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7
Q

What are the basic methods of proper service in GA?
AWASP

Notice to the Defendant

A
  • Abode: on the d’s last and usual abode witha person residing therein of suitable age (13+) and discretion
  • Waiver: mails complaint w/ request that D waive formal service. D has a duty to avoid cost and recieves 60 days from date request sent to respond
  • Agent Service: Personal service/waiver on registered, managing, or any responsible agent (pres, officer, secretary, partner)
  • Secretary of State: If no agent can be found, service of 2 copies to sec. of state. 1 to be mailed to corps last known address
  • Personal Service: In hand delivery
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8
Q

What is necessary to sue the state?

Notice to the Defendant

A

An ante litem notice. Made within 12 months of the date of the loss was or should have been discovered.

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9
Q

What is the general venue rule in GA?

Venue and Related Issues

A

The general venue rule is venue is proper in a county where any D reside when the case is filed

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10
Q

What are the exceptions to the general venue rule?
MASTER

Venue and Related Issues

A
  • Motorists who are non-residents: venue is prop where any GA D resides, if no GA d, then where P resides
  • Alimony or Divorce: Where P resides if the D does not reside in GA
  • Specific jurisidction under long arm: where any d resides or where the claim arose if no d resides in GA
  • Tortfeasors: where any D resides or where a substantial part of injury occured if the D is a GA corp.
  • Entities and Estates: Entities reside where its registered office is, and where claims against them arose. For estates, where the executor resides if D is dead.
  • Real Property: only where land is located
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11
Q

What are the content requirements for pleadings in GA?

Pleadings

A

Short and plain statement of jurisdiction, claims , and relief with suff. info to place adverse party on notice of the claims and defenses. But the complaint must contain factual allegations of venue

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12
Q

What is a verified complaint?

Pleadings

A

A verified complaint is sworn by someone with personal knowledge of the facts alleged. Complaint need to be verified for petitions for divorce and extraordinary equitable relief

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13
Q

What must be included in a professional malpractice pleading?

Pleadings

A

P must include an affadavit of an exper, setting forth specifically at least one negligent act or ommission claimed to exist and the factual basis forit

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14
Q

Blank, Blank, and Blank will waived unless they are filed in the first responsive pleading with Blank days of service of process.

Pleadings

A

Lack of Pj, Improper Service, Challenging Venue. 30 days

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15
Q

What is the SOL on personal injury claims?

Pleadings

A

2 years from when the discovery to file

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16
Q

What is the Statute of Repose? When does it start running?

Pleadings

A

A statute of repose is an absolute time limit on filing claims that runs from the occurence, not the discovery

17
Q

What is the SOL for damage to reputation?

Pleadings

A

1 year

18
Q

What is the SOL for Actions for foreign object left in patients body?

Pleading

A

1 year from date of disocvery of the negligent or wrongful action or ommission

19
Q

What is the SOL for Med Mal

Pleadings

A

2 years from date of injury and subject to a 5 year statute of repose

20
Q

What is the SOL for property damage?

Pleadings

A

4 years

21
Q

What is the SOL for tresspass to realty?

Pleadings

A

4 years

22
Q

What is the SOL for oral or implied contracts?

Pleadings

A

4 years

23
Q

What is the SOL for Contracts for the sale of goods

Pleadings

A

4 years

24
Q

What is the SOL for written contracts?

Pleadings

A

4 years from when they become due and payable

25
Q

What is the SOL for Actions for deficiency of survey, plat, plan, design specifcation, supervision, or observation of construction?

Pleadings

A

8 years and subject to a 10 yr statute of repose

26
Q

What is the SOL for most product liablity actions?

Pleadings

A

10 years from date of first use or consumption of product

27
Q

What is the SOL for written contracts under seal?

Pleadings

A

20 years

28
Q

What is required for class action Certification under GA law?
CANT (PS)

Joinder

A
  • Commonality: common issue of fact or law
  • Adequacy: named p will fairly and adequately protect the class
  • Numerosity: class must be so numerous that joinder is impracticable (40+)
  • Typicality: Claims of the name ps must be typical of the class

Additonal Reqs when class action seeks money:
Predominace (common issues must predominate) & Superiority (class action device must be superior to other forms of lit.)

29
Q

In GA, a party must make automatic prompt disclosures. T or F ?

Discovery

A

False. There are no automatic prompt disclosure in Ga state court

30
Q

Can request for production be served on a non party without a subpoena?

Discovery

A

Yes

31
Q

When are responses to discovery due? What about for medical records?

Discovery

A

Responses are due in** 30 days** and within 20 days for medical records.

32
Q

What is the limit for interrogatories?

Discovery

A

There **50 interrogatories **to a party as opposed to 25 in federal court

33
Q

What is the limit on the number of depositions?

Discovery

A

No limit

MEE - GA (5 decks)

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