This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Essence of a motion for summary judgment is that there is no genuine issue of material fact to be resolved by the trier of facts, and that the movant is entitled to judgment on the law applicable to the established fact.
If a defendant fails to respond within those 30 days, the case is deemed to be “in default.” By statute, a defendant receives a grace period of an additional 15 days to automatically “open default,” without admitting to the plaintiff's allegations, under O.C.G.A. § 9-11-55(a).
Upon any motion for summary judgment pursuant to the Georgia Civil Practice Act, there shall be annexed to the notice of motion a separate, short and concise statement of each theory of recovery and of each of the material facts as to which the moving parts contends there is no genuine issue to be tried.
Evidence and Burden of Proof When considering a motion for summary judgment, the court views all evidence in the light most favorable to the non-movant. If the evidence is “merely colorable, or is not significantly probative,” summary judgment may be granted.
Rule 4.3 - Withdrawal (1) An attorney appearing of record in any matter pending in any superior court, who wishes to withdraw as counsel for any party, shall submit a written request to an appropriate judge of the court for an order permitting such withdrawal.
Rule 7.1 - Communications Concerning a Lawyer's Services (a) A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services.
A motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the ...
The garnishment process often starts after a creditor gets a judgment in court against a debtor. If a creditor gets a judgment against you, the court will send a notice of a wage garnishment to you and to your employer. The notice tells your employer they must withhold a specific amount of your wages.
A rule 5.2 certificate is for a specific type of document as to service of discovery: Rule 5.2. Filing requirements. (1) Depositions and other original discovery material shall not be filed with the court unless or until required by the provisions of O.C.G.A. § 9-11-29.1(a) (1) (5).