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 Opposition to Motion to Dismiss

 

 Superior/State Court of Georgia
 DeKalb County

 

Deadline for Responding to Motion to Dismiss

Any party opposing a motion must serve and file a response, opposition memorandum, affidavits, or other responsive material within more...   .(Amended 5/5/11)

In state court, the response should be presented on the date of the motion hearing if one is 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...

Emergency Motions

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

Consult Individual Judge's Rules

Some Georgia Superior Court judges have their own additional requirements for the presentation of and opposition of motions. more...

Grounds for Motion to Dismiss

A party may assert any or all of the following claims in a motion to dismiss: more...

1. Lack of subject-matter jurisdiction; more...

2. Lack of personal jurisdiction; more...

3. Improper venue; more...

4. Insufficiency of process; more...

5. Insufficiency of service of process; more...

6. Failure to state a claim on which relief can be granted; and more...

7. Failure to join an indispensable party ( . more...

Any other defense in law or fact to any pleading must be asserted in the initial responsive pleading, more...

Stay of Discovery

If a party files a motion to dismiss before or at the time of filing an answer, discovery more...

Extension of Discovery Period and Deadlines

The discovery period and all discovery deadlines must be extended for a period equal to the duration of more...

Stay May be Terminated or Modified, But Not Extended

The court may upon its own motion or upon motion of a party terminate or modify the stay more...

Limited Discovery May Be Permitted

If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection more...

Professional Malpractice Actions

In General

In any action alleging professional malpractice, the complaint is subject to dismissal for failure to state a claim more...

Medical Malpractice

In any action alleging medical malpractice, the complaint is subject to dismissal if the plaintiff fails to submit more...

Failure to Plead Special Matters with Particularity Not Ground for Dismissal

Georgia case law holds that if a complaint fails to plead with particularity a matter that is required more...

Conversion of Motion to Dismiss into Motion for Summary Judgment

If the court considers matters outside of the pleadings in ruling on a motion to dismiss for failure more...

Waiver or Preservation of Defenses

Multiple Defenses May Be Asserted Together

A party may present any of the seven defenses listed in Official Code of Georgia Annotated 9-11-12(b) in more...

Certain Defenses Waived if Omitted from Initial Responsive Pleading and Initial Motion to Dismiss

Any of the seven defenses listed in Official Code of Georgia Annotated 9-11-12(b) must be presented in the more...

Other Defenses Not Waived

A party may assert the defenses of failure to state a claim on which relief can be granted more...

1. In any pleading provided for by more...

In a motion for judgment on the pleadings; or more...

3. At a trial on the merits. . more...

If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. more...

Caption

The caption must include: more...

1. The name of the court; more...

2. The county in which the action will be filed; more...

3. The title of the action; and more...

4. The file number. 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...

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

In Superior Court, a response must include or be accompanied by citations of supporting authorities and, where allegations

In State Court, it is customary to provide a memorandum of points and authorities with any response to more...

Citations to Authority

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

1. Georgia statutes should be cited to the Official Code of Georgia Annotated (O.C.G.A.). more...

2. Georgia Court of Appeals cases should be cited to the Georgia Appeals Reports (Ga. App.). more...

3. Supreme Court of Georgia cases should be cited to the Georgia Reports (Ga.). 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

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

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

Additional Formatting Requirements

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

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...

Proposed Order

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

Filing

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...

Must Decide Motion Within 90 Days

The court must decide the motion to dismiss within 90 days. . (eff 7/1/09). more...

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...

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...

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