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Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

Scholarly Works

The most noteworthy and important developments in trial practice and procedure during this survey period came as the result of legislation. Headlining these new laws is a measure designed to combat frivolous lawsuits by empowering judges to award reasonable attorney's fees and court costs against any party, plaintiff or defendant, who asserts a claim or defense that lacks substantial justification, or who otherwise abuses the process of adjudication. The adoption of this legislation spurred the supreme court to create a new tort of abusive litigation in Yost v. Torok.

For the second consecutive year, the legislature shortened the time in …