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HB 0958 - Magistrate court; certain judgments; clarify appeal procedure

Tracking Level: Passed
Sponsor: Rice,Tom 51st
Last Action: 5/14/2008 - House Date Signed by Governor
House Committee: Judy
Senate Committee: S JUDY
Assigned To:
09. Magistrate CourtsNext Bill
14. All Court ClerksNext Bill
CivilNext Bill

Staff Analysis of the Legislation

HB 958 amends Code Section 15-10-3 of the O.C.G.A, relating to civil proceedings in magistrate court by stating that no appeal shall lie from a default judgment or a dismissal for want of prosecution after a nonappearance of a plaintiff for trial. Any voluntary dismissal by the plaintiff or by order of the court for want of prosecution shall be without prejudice except that the filing of a second dismissal shall operate as an adjudication upon the merits. Review, including review of denial of a postjudgment motion to vacate a judgment, shall be by certiorari to the state court of that county or to the superior court of that county. 

At the request of any individual, the judge or clerk may prepare a statement of claim which is to include a brief statement giving the defendant reasonable notice of the basis for each claim contained in the statement of claim. The bill also eliminates the 30 day time frame in which to file interrogatories.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text