SB 298: Judgements and Rulings; certain appellate procedures regarding the denial of sovereign and any other immunity available to the state; provide

Under current Georgia law (O.C.G.A. § 5-6-34), most trial court rulings can only be appealed after a case is fully resolved, with a short list of exceptions that can be appealed right away. This bill adds new exceptions to that list. It creates a right to an immediate, direct appeal when a court grants or denies immunity claims such as sovereign, municipal, official, qualified, or judicial immunity in a civil case, and when a court rules on legislative privilege or legislative immunity in either a civil or criminal case. Each side would have 30 days from the ruling to file that appeal, and each party could only use this direct-appeal right once per case. The bill also makes small wording changes to two existing paragraphs of the same code section that list other directly appealable judgments.

• Adds a new right to immediately appeal any civil court ruling that grants, denies, or refuses to grant or deny immunity based on sovereign, municipal, official, qualified, or judicial immunity.
• Adds a new right to immediately appeal civil or criminal court rulings on legislative privilege or legislative immunity.
• Sets a 30 day deadline from the ruling for a party to file either of these new direct appeals.
• Limits each party to using this new direct-appeal right only once in a given case, though other appeal rights still apply.
• Makes minor wording revisions to two existing paragraphs of O.C.G.A. § 5-6-34 that list other types of directly appealable orders.

State and local government agencies and officials who are sued and raise immunity defenses, private parties suing them, members of the General Assembly or legislative bodies asserting legislative privilege, and the appellate courts and trial courts that handle these cases.

Currently, a government defendant denied immunity may have to go through a full trial before an appeals court reviews that ruling. This bill lets those immunity and legislative privilege decisions be appealed right away, which could resolve some cases faster or add an extra appeal step before trial proceeds.

• Section 1 amends O.C.G.A. § 5-6-34(a) by revising paragraphs (12) and (13), which list judgments directly appealable under other code sections.
• Adds new paragraph (14) allowing direct appeal of civil rulings granting or denying sovereign, municipal, official, qualified, or judicial immunity, with a 30 day filing window.
• Adds new paragraph (15) allowing direct appeal of civil or criminal rulings on legislative privilege or legislative immunity, with a 30 day filing window.
• Specifies that a party may exercise this new direct-appeal right only once per civil action, though it does not block appeals under other paragraphs of the same law.
• Section 2 repeals all conflicting laws.

1. 2025-07-01Effective Date
2. 2025-05-14Act 298
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-04Senate Agreed House Amend or Sub (Senate)
6. 2025-03-31House Passed/Adopted By Substitute (House)
7. 2025-03-31House Third Readers (House)
8. 2025-03-18House Committee Favorably Reported By Substitute (House)

• Randy Robertson (R, SD-29)Primary sponsor
• Rob Leverett (R, HD-123)

1. PassedSenate voteMarch 6, 2025

   54 yea, 2 nay

   PASSAGE BY SUBSTITUTE: Senate Vote #206

2. PassedHouse voteMarch 31, 2025

   142 yea, 23 nay (3 not voting, 12 excused)

   PASSAGE: House Vote #371

3. PassedSenate voteApril 4, 2025

   44 yea, 8 nay (3 not voting, 1 excused)

   AGREE TO HOUSE SUBSTITUTE: Senate Vote #477

• sovereign immunity
• court appeals
• legislative privilege
• civil litigation
• government liability