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RELATED DOCUMENTS:
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 Opposition to Motion to Dismiss

 

 Superior/State Court of  Georgia
 DeKalb   County

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 Timing

Deadline for Responding to Motion to Dismiss

Any party opposing a motion must serve and file a response, reply memorandum, affidavits, or other responsive material more...    .2 (amended eff 5/23/13).

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...

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

 Rules & Requirements

Grounds for Motion to Dismiss

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

Georgiacase law holds that if a complaint fails to plead with particularity a matter that is required to 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) 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...

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

 Form & Format of Papers

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

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

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

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