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RELATED DOCUMENTS:
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 Motion for Summary Judgment

 

 Superior/State Court of Georgia
 Fulton County

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

 

 Timing

When Motion for Summary Judgment May Be Filed

A claimant may file a motion for full or partial summary judgment after 30 days have passed since more...    Any party against whom a claim has been asserted may move for full or partial summary judgment at more...   

Continuance of Trial

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

Fulton 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

Basis for Summary Judgment; Burden

The court should grant summary judgment if the pleadings, depositions, answers to interrogatories, admissions, and affidavits on file show more...

When Opposing Affidavits are Unavailable

If a party opposing a motion for summary judgment avers in an affidavit that he cannot present by more...

(f).

Summary Judgment As To Liability Only

The court may enter summary judgment as to liability only and allow the case to proceed to trial more...

Partial Summary Judgment

When there are multiple claims or multiple parties in a particular action, the court may grant summary judgment more...

If the court grants partial summary judgment, the court should determine to the extent practicable which material facts more...

Amount of Judgment

A summary judgment should grant whatever relief to which the prevailing party is entitled, regardless of whether the more...

Costs to Prevailing Party

Generally, costs are to be given to the prevailing party as a matter of course, unless the court more...

Form of Judgment

The judgment must include the signature of the trial judge, followed by the judge's name and title legibly more...

Date of Judgment

The judgment is considered entered on the date the signed judgment is filed with the clerk of court, more...

 Form & Format of Papers

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

Fulton 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...

Affidavits

General

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

Form of Affidavits

Supporting and opposing affidavits must be based on personal knowledge, rely on facts which are admissible as evidence, more...

Affidavits Made in Bad Faith

If the court determines that any affidavit submitted in support of a motion for summary judgment is presented 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...

Supplemental Evidence

The court may permit a party to supplement or oppose an affidavit with depositions, answers to interrogatories, or more...

 Additional Documents

Proposed Order

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

Statement of Theory of Recovery and Undisputed Material Facts

Any motion for summary judgment must include a separate, short and concise statement of each theory of recovery 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

Required

Every motion for summary judgment or response thereto, and all affidavits or documentation in support thereof, must be more...

Local Fee Schedule

A schedule of Fulton County State Court filing fees is available online at the following link: (link updated 4/14/14). more...

Method

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

Service

Required

Every motion for summary judgment or response thereto, and all affidavits or other documentation in support thereof, must more...

Method

Fulton 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...

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:
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