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RELATED DOCUMENTS:
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior


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 Motion to Compel Discovery

 

 Superior/State Court of Georgia
 DeKalb County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Reasonable Notice Required

A party may file a motion to compel discovery on "reasonable notice" to other parties and all persons more...   

Deadlines For Filing Motions

Thirty (30) Days Before Trial

It is custom and practice to file motions at least thirty (30) days before the trial date to more...

Motions for Summary Judgment

Motions for summary judgments must be filed early enough so as not to delay the trial and, in more...

Briefing Schedule

Moving Papers-Thirty (30) Days Before Trial

There is no statute or superior court or state court rule setting the number of days' notice the more...

Opposition Papers-Within Thirty (30) Days of Service of Motion

Any party opposing a motion must serve and file a response, reply memorandum, affidavits, or other responsive material more...

In State Court, the response should be presented on the date of the hearing if one is held more...

Reply Papers-No Specific Timing Requirements

There is no statute or superior court or state court rule setting timing requirements for the filing of more...

 

Scheduling the Hearing

Generally, motions in civil actions will be decided by the court without a hearing.A party may request a hearing on a motion for summary judgment by filing a "Request for Oral more...

For any other type of motion, it is customary for a party desiring a hearing to file a more...

Motion Cut-Off Date

The court has discretion to enter a scheduling order that sets a deadline for the filing of motions. more...

A motion for summary judgment filed less than thirty (30) days before the trial date will not require more...

Emergency Motions

The court may consider and hear a motion on an expedited basis where circumstances require. . more...

Service of Motion on Opposing Party

The moving party must serve opposing parties with the motion. (a). more...

Method

DeKalb County Superior/State Court SmartRules procedural guide: SERVICE OF PAPERS. more...

Consult Individual Judge's Rules

Some Georgia Superior Court judges have additional requirements for the presentation of motions and other papers.A filing party should consult the standing orders of the judge to whom its case is assigned before more...

 Rules & Requirements

Meet & Confer Requirement

Before filing any motion to compel, motion to quash, motion for protective order or other motion seeking resolution more...

Basis for Motion to Compel

A party may file a motion to compel if: more...

(a)(2). more...

Evasive or Incomplete Answer

In considering a motion to compel, an evasive or incomplete answer will be treated as a failure to more...

Expenses on Failure to Admit

If a party fails to admit the genuineness of a document or the truth of any matter set more...

The court must grant such a motion unless the court finds that: more...

 

Effect of Certain Failures

If a party fails to appear for its own deposition after being served with proper notice, fails to more...

(d)(1). more...

Failure to Make Discovery Not Excused By Objectionable Nature of Discovery Request

Failure to act with regard to a deposition or other discovery will not be excused on the ground more...

 Form & Format of Papers

Superior Court-Form of Motion to Compel

A motion to compel must: more...

The motion may not make such grounds and objections generally, but rather must list grounds and objections as more...

In Writing

Motions must be made in writing unless made during a hearing or at trial. (b)(1). more...

Caption

The caption must include: more...

In listing the names of the parties, it is sufficient to list the name of the first party more...

Scheduling the Hearing

Generally, motions in civil actions will be decided by the court without a hearing.A party may request a hearing on a motion for summary judgment by filing a "Request for Oral more...

For any other type of motion, it is customary for a party desiring a hearing to file a more...

Request for Immediate Hearing

On written notice and a showing of good cause, the judge may grant an immediate hearing on any more...

Memorandum of Points and Authorities

Every motion made prior to trial in a civil action, except those consented to by all parties, must more...

Citations to Authority

Georgia rules and regulations should be cited to as follows: more...

 

Signature

Every pleading, motion, or other document submitted to the court must be signed by the attorney of record, more...

All proposed judgments and orders must bear the printed name of the responsible attorney or party who prepared more...

To the extent practicable, signature pages of documents filed of record including pleadings, agreements and orders shall not more...

On any document filed of record, including but not limited to pleadings, agreements and orders, where a signature more...

Additional Formatting Requirements

DeKalb County Superior/State Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Type of Evidence Required on Motion

Where a motion relies on allegations of unstipulated facts, it must be accompanied by supporting affidavits or must more...

Written Statements in Affidavit Form

"In civil actions every motion made prior to trial, except those consented to by all parties, when filed more...

Submit Other Evidence in Verified Form

Additional supporting documentation should be incorporated into an affidavit filed along with the motion or submitted in verified more...

 Additional Documents

Proposed Order

Although there is no general requirement that a party file a proposed order along with every motion or more...

Certification of Rule 6.4(B) Conference

Counsel must confer with counsel for opposing party in a good faith effort towards resolution before filing any motion to compel, motion to quash, motion for more...

 Filing & Service

Consult Individual Judge's Rules

Some Georgia Superior Court judges have additional requirements for the presentation of motions and other papers.A filing party should consult the standing orders of the judge to whom its case is assigned before more...

Filing

Appropriate Court

A motion to compel should be filed in the court in which the action is pending.If the motion relates to a deposition, the motion may be filed in the court in the county more...

Local Fee Schedule

A schedule of DeKalb County State Court filing fees is available online at the following link: . more...

DeKalb County Superior Court filing fees are not accessible online at present. Contact the clerk's office for a current schedule of fees. more...

Method

DeKalb County Superior/State Court SmartRules procedural guide: FILING DOCUMENTS. more...

Service

Timing and Method

DeKalb County Superior/State Court SmartRules procedural guide: SERVICE OF PAPERS. more...

 Hearing & Disposition

Same Judge for All Hearings

Typically, the judge of a Georgia Superior Court will conduct all hearings on a case pending in his more...

Court May Dispose of Motion Without Hearing

Generally, the court has discretion whether to hear oral argument or to decide the motion on briefs. more...

Sanctions for Failure to Attend

A court may dismiss, without prejudice, the complaint or other pleading of any party who fails to appear more...

Continuance of Hearing

A party may seek a continuance of the hearing by filing a motion for continuance and making a more...

Submission of Proposed Order After Hearing

Although there is no general requirement that the prevailing party submit a proposed order, the court may direct more...

If the prevailing party submits a proposed order to the court, there is no requirement that he serve more...

Award of Expenses of Motion

If Motion to Compel Granted

If the court grants a motion to compel and after opportunity for a hearing does not find that more...

If Motion to Compel Denied

If the court denies a motion to compel and after opportunity for a hearing does not find that more...

If Motion to Compel Granted in Part

If the court grants a motion to compel in part and denies it in part, the court may more...

Protective Order On Denial of Motion to Compel

If the court denies a motion to compel in whole or in part, it may then enter a more...

Failure to Comply with Order Compelling Discovery

If the court grants a motion to compel and a party or other person thereafter fails to comply more...

Time For Ruling on Motion

There is no specific time period in which the court must rule on a motion.However, a rarely enforced Georgia statute provides that judges should rule on motions within 90 days after filing more...

However, as a matter of custom and practice it is relatively common for judges to take more than more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior