This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Georgia Motion for Summary Judgment by Defendant with Notice of Motion
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Multi-State
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US-00920BG
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Motions for Reconsideration. Except when otherwise ordered, all motions for reconsideration, see Rule 27, must be physically received or electronically filed in the Clerk's office within 10 days of the order or judgment for which reconsideration is sought. Rule 14. SERVICE.
Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.
Rule 6. The party or party's counsel may respond to such a motion within 10 days or, if no motion was filed, file a motion for reconsideration within 10 days of receipt of the order.
A defendant can apply for summary judgment at any time, but typically this is done at the first Case Management Conference (CMC). Any application for summary judgment should be made after acknowledgment of service. If no acknowledgment is served, permission of the court is needed.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
Rule 6.2 Reply Unless otherwise ordered by the judge, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion, or on the date of the hearing (if one is held) whichever occurs sooner.
(1) In civil matters, the discretion to allow testimony virtually via video shall rest with the trial judge. (2) In any criminal matter, an objection to a witness testifying virtually via video shall be sustained; however, such objection shall act as a motion for continuance.
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 ...
Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.
Superior Court Judges preside over cases involving misdemeanors, contract disputes, premises liability, and various other actions. In addition, the Superior Court has exclusive equity jurisdiction over all cases of divorce, title to land, and felonies involving jury trials, including death penalty cases.