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Deadline for Responding to Motion to Dismiss Any party opposing a motion must serve and file a response, reply memorandum, affidavits, or other responsive material within 30 days of being served with the motion. Ga. Unif.
In Georgia, the court has 2 years to file an accusation in a misdemeanor case and 4 years to indict a felony but once accused or indicted, the statute of limitations does not apply. Constitutional speedy demand is based on case law and the 6th amendment.
French for "to speak the truth." The process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service. Also the preliminary questioning of witnesses (especially experts) to determine their competence to testify.
In civil cases, potential jurors are asked questions by the judge and the lawyers to determine whether each person is qualified to serve. This questioning process, which is called voir dire, is conducted either individually or in groups or panels.
However, a rarely enforced Georgia statute provides that judges should rule on motions within 90 days after filing or oral argument unless counsel agree in writing to extend the time for a ruling or the judge is "providentially hindered" from making a decision.
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to ...
The statute is explicit that the only purpose of voir dire is to aid in the exercise of challenges for cause, and interpretative case law emphasizes that voir dire is not properly used for indoctrinating pro- spective jurors on the lawyers' theories of the case, for questioning about the applicable law, or for ...
Respondent to a motion to dismiss is entitled to notice of conversion of the motion into one for summary judgment and to 30 days to respond to the motion for summary judgment unless such notice and opportunity are waived. Bonner v. Fox, 204 Ga.