Georgia summary judgment: 30 days' notice, and no deadline to file

Georgia's summary-judgment statute is unusually spare on timing. It fixes one interval and leaves the rest to the court.

Who may move, and when

A claimant — § 9-11-56(a). A party seeking to recover on a claim, counterclaim or cross-claim, or to obtain a declaratory judgment, may move "at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party."

So a plaintiff waits 30 days from commencement — unless the other side moves first, which opens the door immediately.

A defending party — § 9-11-56(b). A party against whom a claim, counterclaim or cross-claim is asserted, or a declaratory judgment sought, may move "at any time."

No waiting period at all for a defendant. A summary-judgment motion can arrive alongside, or instead of, an answer.

Either side may move "with or without supporting affidavits," and as to "all or any part" of the claim.

The one hard number

§ 9-11-56(c): "The motion shall be served at least 30 days before the time fixed for the hearing."

That is the whole of Georgia's briefing schedule in the statute. Thirty days' notice of the hearing.

The subsection adds that "the adverse party prior to the day of hearing may serve opposing affidavits." Not a fixed number of days — the day before the hearing satisfies the statute. Uniform Superior Court Rule 6.2 supplies a 30-day response period for motions generally, and that rule rather than § 9-11-56 is where the practical opposition deadline comes from. Local and standing orders routinely tighten both.

Note what is absent: § 9-11-56 sets no deadline for filing a summary-judgment motion, no cutoff relative to trial, and no reply period. Compare the federal rule, which sets an outer limit of 30 days after the close of discovery, and California, which requires the hearing no later than 30 days before trial.

The standard

§ 9-11-56(c): judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."

The subsection preserves the jury right in terms — "nothing in this Code section shall be construed as denying to any party the right to trial by jury where there are substantial issues of fact to be determined" — and permits judgment "on the issue of liability alone although there is a genuine issue as to the amount of damage."

Partial relief

§ 9-11-56(d): where judgment isn't rendered on the whole case and a trial is necessary, the court at the hearing "by examining the pleadings and the evidence before it and by interrogating counsel shall, if practicable, ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted."

It then makes an order specifying the facts that appear without substantial controversy — including the extent to which damages or other relief is not in controversy — and directing further proceedings as are just. Those facts are deemed established at trial.

That is a more active judicial role than the federal analogue in Rule 56(g): the Georgia court is directed to interrogate counsel and, if practicable, narrow the case at the hearing.

Affidavits

§ 9-11-56(e) sets the requirements: supporting and opposing affidavits "shall be made on personal knowledge, shall set forth such facts as would be admissible in the evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein." Sworn or certified copies of papers referred to must be attached or served with the affidavit.

The subsection also states the consequence of standing on the pleadings: when a motion is made and supported as provided, an adverse party "may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him."

When you need discovery to respond

§ 9-11-56(f): should it appear from the affidavits of a party opposing the motion that they cannot for reasons stated present by affidavit facts essential to justify their opposition, the court may refuse the application for judgment, order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had, or make such other order as is just.

The requirement is an affidavit stating reasons, as under FRCP 56(d) and CCP 437c(h).

Affidavits in bad faith

§ 9-11-56(g): if affidavits are presented in bad faith or solely for delay, the court shall order the offending party to pay the other party the reasonable expenses the affidavits caused, including attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.

Appeal

Georgia's summary-judgment orders have their own appellate route: an order granting summary judgment on any issue or as to any party is directly appealable, on a shorter timetable than the ordinary appellate rules provide. Those provisions live in Title 5 of the Code — the appellate practice chapter — rather than in § 9-11-56, and this site's Georgia coverage is the Civil Practice Act, so we don't reproduce them here. It is worth checking before assuming an ordinary appeal deadline applies.

Compared with the systems we cover

Where these rules live

• O.C.G.A. § 9-11-6 — Time
• O.C.G.A. § 9-11-12 — Defenses and Objections
• O.C.G.A. § 9-11-15 — Amended and Supplemental Pleadings
• O.C.G.A. § 9-11-56 — Summary Judgment

Uniform Superior Court Rules and individual standing orders supply the response deadlines § 9-11-56 leaves open. This page explains what the statutes say. It isn't legal advice.