The two motions attack a case at different stages and on different grounds. A motion to dismiss challenges the legal sufficiency of the complaint itself, while a motion for summary...
When a properly served defendant fails to answer within the allowed time, the case goes into default. Default can lead to a judgment for the plaintiff, but Georgia gives the...
Solid preparation for sworn deposition testimony rests on a few principles: understand the facts of the case, commit to telling the truth, and answer with discipline. In a Georgia injury...
The reason traces directly to the Georgia Constitution, which makes the defendant's county of residence the default place for civil trials. This rule reflects a deliberate policy choice about fairness...
Suing a business follows different venue rules than suing an individual. Instead of an individual's home county, venue against a Georgia corporation generally turns on where the company maintains its...
A formal offer of settlement under this statute belongs to the litigation phase, not the pre-suit stage, and it must be served within a defined window. O.C.G.A. § 9-11-68 allows...
A person becomes an expert witness in Georgia by having specialized knowledge that can help the jury, based on knowledge, skill, experience, training, or education. Under O.C.G.A. § 24-7-702, qualification...
A defense medical examination is bounded, not open-ended. Georgia authorizes these exams under O.C.G.A. § 9-11-35, but the same statute and the court's supervisory power keep them tethered to the...
Cause in fact is the factual link between what the defendant did and the harm that followed. To prove it in a Georgia negligence case, an injured person must show...
A written preservation demand, sometimes called a spoliation letter, is a common and often valuable step after an injury. It tells the other party and anyone holding relevant evidence to...