Civil Procedure

HB 0015NegotiatingMandatory Electronic Filing for Civil Cases in Superior and State CourtsWendell Willard
3/30/2017Senate Conference Committee Appointed 46th, 30th, 19thJudiciaryJudiciary
2017/01/27-Report2017/03/06 - Report2017/03/17 - ReportCivil ProcedureClerk of Court
Debra NesbitPublic Safety and Courts
This legislation mandates all clerks of superior court accept electronically filed cases by January 1, 2018.  The cost of such filing shall not exceed $7.00.  The bill includes a hardship clause that extends that deadline for six months for counties who need additional time.  An amendment was added to the bill that prohibits the Council of the Superior Court Clerks, any state entity, or governing authority of any local government from keeping any portion of the fee.  NOTE:  This bill has been added to SB 407, the Governor's Criminal Justice Reform Bill.
HB 0062SupportInternet and Out-of-State Retail Sales - Definition of "Dealer" and related Court ProceedingsJay Powell
1/24/2017House Withdrawn, RecommittedWays & Means
Civil ProcedureGeneral County GovernmentGovernment ImmunityLarry RamseyRevenue & Finance
Sales Tax-Local
This bill is a companion bill to HB 61. For sales tax purposes, the definition of "dealer" is amended to add two categories of retailers: 1) any retailer that obtains gross revenues of over $250,000 in a year from sales of tangible personal property (whether delivered physically or electronically) in Georgia, and 2) any retailer that conducts 200 or more such sales in a calendar year. The bill would authorize the Department of Revenue to bring court action to determine whether a company is a "dealer" as defined above, and would also authorize direct appeals of trial court decisions on that issue.
HB 0256SupportDirect Appeals of Immunity RulingsBarry Fleming
2/9/2017House Second ReadersJudiciary
2017/02/10 - ReportCivil ProcedureGeneral County GovernmentGovernment ImmunityLarry Ramsey
This bill allows counties to immediately appeal the denial of sovereign immunity and other immunities. This bill would reverse a recent court decision holding that trial-court permission is necessary for such appeals, which in turn could mean that counties would have to spend taxpayer funds to cover the cost of an entire trial, only to find out in a subsequent appeal that the lawsuit was barred by sovereign or other immunities. Thte language of this bill has been added to HB 791.
HB 0505NeutralCivil Forfeiture Proceedings - Stay Until Conclusion of Criminal ProceedingsScot Turner
3/1/2017House Second ReadersJudiciary
Civil ProcedureCriminal ProcedureForfeitures, Fees, and Fine Add OnsLarry RamseyPublic Safety and Courts
This legislation changes the procedures for civil forfeiture. At present, the courts have the discretion to put on hold any civil forfeiture actions until conclusion of the related criminal proceedings. This legislation would make mandatory that civil forfeitures cannot happen until adjudication of guilt in the related criminal proceedings.
HB 0704EvaluatingCivil practice; burial of construction waste or materials; change when statute of limitations shall accrue for certain actionsMichael Caldwell
2/8/2018House Committee Favorably Reported By SubstituteJudiciary
Civil ProcedureCode EnforcementGeneral County GovernmentIntern 1Nat. Res. & the Environment
Public Safety and CourtsSolid Waste
This legislation establishes the statute of limitations for cases involving burial of construction debris.
HB 0744EvaluatingFull-time Students Exempt from Jury DutyRenitta Shannon
1/29/2018House Second ReadersJudiciary
Civil ProcedureClerk of CourtDebra NesbitPublic Safety and Courts
This legislation allows full-time students an exemption from Jury Duty whether they are on campus or online.
HB 0834SupportAllows Termination of Rental or Lease Agreement in Circumstances of Family ViolenceMandi Ballinger
7/1/2018Effective DateJudiciaryJudiciary
2018/02/09 Report2018/03/16 ReportCivil ProcedureCriminal ProcedureDebra Nesbit
Public Safety and Courts
This legislation requires that landlords allow tenant who are victims of family violence to terminate their lease or rental agreements.
SB 0132SupportJudicial Council Shall Promulgate Case Disposition Forms for Superior and State CourtBlake Tillery
1/1/2018Effective DateJudiciaryJudiciary
Civil ProcedureClerk of CourtDebra NesbitPublic Safety and CourtsState Court
Superior Court
This legislation changes how forms are promulgated for state and superior court to provide a more accurate case count for the determination of the need for additional judgeships.