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Articles 151 - 156 of 156
Full-Text Articles in Civil Procedure
Motions To Enforce Settlements: An Important Procedural Tool, Jeffrey W. Stempel
Motions To Enforce Settlements: An Important Procedural Tool, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Scholarly Works
The most significant developments in trial practice and procedure during the survey period occurred in the legislative rather than in the judicial arena. The General Assembly added a "domestic relations" section to the Georgia long arm statute and enacted other legislation to implement some of the changes in the court system brought about by the new Georgia Constitution, which became effective on July 1, 1983. These legislative changes, along with selected Georgia appellate court decisions, will be discussed starting with the topics of subject matter and personal jurisdiction and venue. This discussion will be followed by an analysis of cases …
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Scholarly Works
This survey contains only a handful of the hundreds of decisions rendered last year by the Georgia appellate courts on points of trial practice and procedure. The decisions chosen for review were selected because they resolved previously undecided issues or aptly illustrated some important principle of civil procedure. Three fairly technical legislative amendments to the Civil Practice Act (CPA) dealing with the applicability of the CPA, the requirement of filing discovery documents, and the effect of a dismissal for failure to prosecute are also noted. This survey will follow the format used in the past by beginning with cases dealing …
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary
Scholarly Works
This survey covers only a handful of the hundreds of decisions rendered last year by the Georgia appellate courts on points of trial practice and procedure. Those decisions selected were chosen because they resolved significant new issues or illustrated important principles of civil procedure. Using the format established in the past, the survey begins with cases dealing with personal jurisdiction, subject-matter jurisdiction, and venue, followed by cases concerned with the Civil Practice Act arranged under each section in numerical order.
"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson
"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson
Scholarly Works
No abstract provided.
Unraveling Waiver By Default, C. Ronald Ellington
Unraveling Waiver By Default, C. Ronald Ellington
Scholarly Works
Does a default judgment for nonappearance cut off a defendant's right to move later under section 60 of the Civil Practice Act to set aside the judgment because of a defect in service, lack of venue, or lack of personal jurisdiction? In recent years the Georgia Court of Appeals has repeatedly answered this most perplexing question by holding that a defendant who defaults waives his objectinos to venue and lack of personal jurisdiction. Defects in service, however, are not waived, even when the defendant receives actual notice of the lawsuit. The court of appeals' appraoch is highly questionable, perhaps even …