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Full-Text Articles in Law
Trial Practice And Procedure, C. Frederick Overby, Jason Crawford
Trial Practice And Procedure, C. Frederick Overby, Jason Crawford
Mercer Law Review
Developments in the law interpreting and applying the Official Code of Georgia Annotated ("O.C.G.A.") section 9-11-9, the professional negligence affidavit pleading requirement, and Georgia's various statutes of ultimate repose overshadowed the usual decisions concerning personal jurisdiction, service of process, and venue. This review will analyze the developments in these areas of trial practice and procedure in Georgia for the survey period. Also, the authors will discuss new developments concerning Georgia's renewal and dismissal statutes, res judicata, and discovery.
Trial Practice And Procedure, Philip W. Savrin
Trial Practice And Procedure, Philip W. Savrin
Mercer Law Review
This Article surveys the 1994 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues related to trial practice and procedure.
Pre-Litigation Contractual Waivers Of The Right To A Jury Trial Are Unenforceable Under Georgia Law, E. Michelle Robinson
Pre-Litigation Contractual Waivers Of The Right To A Jury Trial Are Unenforceable Under Georgia Law, E. Michelle Robinson
Mercer Law Review
In a recent decision, Bank South v. Howard, the Georgia Supreme Court held pre-litigation contractual waivers of the right to a jury trial are unenforceable in Georgia! This decision is particularly interesting in light of two factors: (1) of the jurisdictions considering this issue, Georgia is the only one to hold such waivers unenforceable; and (2) contractual arbitration agreements, which essentially waive the right to a jury trial, are enforceable in Georgia. In Bank South v. Howard, Bank South filed suit against Howard to recover over two million dollars under 1985 and 1988 guaranties. Howard raised several defenses …