Chapter 11. Civil Practice Act · Article 3. Pleadings and Motions · Last amended 2002 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-16 lets a court direct attorneys to a pretrial conference to simplify issues, consider pleading amendments, seek admissions, and limit expert witnesses, requires the court to enter a pretrial order recording what was decided that then controls the rest of the case absent manifest injustice, and lets the court manage a discretionary pretrial calendar.
(a)Upon the motion of any party, or upon its own motion, the court shall direct the attorneys for the parties to appear before it for a conference to consider:
(1)The simplification of the issues;
(2)The necessity or desirability of amendments to the pleadings;
(3)The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(4)The limitation of the number of expert witnesses; and
(5)Such other matters as may aid in the disposition of the action.
(b)The court shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues for trial to those not disposed of by admissions or agreements of counsel. The order, when entered, controls the subsequent course of the action unless modified at the trial to prevent manifest injustice. After entry of the pretrial order, it shall be within the discretion of the court to permit or disallow the presentation of testimony from any expert witness whose name is not contained in the pretrial order; provided, however, that if the additional expert witness is permitted to testify, any opposing party shall be permitted reasonable time to take the deposition of the additional expert witness. The court, in its discretion, may establish by rule a pretrial calendar on which actions may be placed for consideration as provided in subsection (a) of this Code section and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.
Plain-English Summary
Before a case reaches trial, a pretrial conference can strip away disputes the parties don’t need a jury to resolve. This section lets a Georgia court, on any party’s motion or on its own initiative, direct the attorneys to appear for a conference addressing the simplification of the issues, whether the pleadings need amending, whether admissions of fact or documents could avoid unnecessary proof, limits on the number of expert witnesses, and any other matter that might help move the case toward disposition.
What comes out of that conference isn’t just talk. Subsection (b) requires the court to enter an order recording the action taken and the parties’ agreements, and that order narrows the issues left for trial to whatever wasn’t resolved by admission or agreement. Once entered, the pretrial order controls how the rest of the case proceeds, and a court departs from it at trial only to prevent manifest injustice — not merely because a party wishes it had covered more ground.
The order also shapes expert testimony going forward: after it’s entered, the court has discretion to allow or disallow testimony from an expert witness whose name doesn’t appear in the order, though if the court does allow that testimony, the opposing party gets a reasonable amount of time to depose the new expert first. And separate from any single case, the court may — again at its discretion — set up a pretrial calendar by rule, confining it to jury cases, nonjury cases, or extending it to every action on the docket.
Frequently Asked Questions
Can a Georgia court order a pretrial conference on its own, without a party asking for one?
Yes. Subsection (a) allows the court to direct attorneys to appear for a pretrial conference either upon a party's motion or upon the court's own initiative.
What topics does a Georgia pretrial conference cover?
Simplifying the issues, whether the pleadings need amending, obtaining admissions of fact or documents to avoid unnecessary proof, limiting the number of expert witnesses, and any other matter that might aid disposition of the case.
How binding is a pretrial order once a Georgia court enters it?
It controls the subsequent course of the action once entered, and a court will depart from it at trial only to prevent manifest injustice.
Can an expert witness testify at trial if they weren't named in the pretrial order?
The court has discretion to permit or disallow that testimony; if it's permitted, the opposing party must be given a reasonable time to depose the additional expert.
Does every Georgia civil case go through a formal pretrial calendar?
No. Establishing a pretrial calendar by rule is within the court's discretion, and the court may confine it to jury or nonjury actions or extend it to all actions.
Amendment History
Ga. L. 1966, p. 609, § 16; Ga. L. 1967, p. 226, § 10; Ga. L. 1968, p. 1104, § 5; Ga. L. 1993, p. 91, § 9; Ga. L. 2002, p. 1244, § 1.1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as:Georgia pretrial conference ruleGeorgia pretrial order controls trialGeorgia equivalent of Rule 16pretrial calendar Georgia civil caseexpert witness disclosure pretrial order Georgia