HB1407: HB1407 Civil Practice Act; scheduling of civil trials; provide

26 LC 49 2602 House Bill 1407 By: Representatives Leverett of the 123rd, Gullett of the 19th, Reeves of the 99th, and Gunter of the 8th A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 11 of Title 9 of the Official Cod e of Georgia Annotated,1 relating to trials under the "Civil Practice Act," so as to provide for scheduling of civil trials;2 to provide for trial calendars for certain civil actions; to provide for related matters; to repeal3 conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials7 under the "Civil Practice Act," is amended by revising Code Section 9-11-40, relating to time8 and place of trials, as follows:9 "9-11-40.10 (a) Time of trial. All civil cases, including divorce and other domestic relations cases,11 shall be triable any time after the last day upon which defensive pleadings were required12 to be filed therein; provided, however, that the court shall in all such cases afford to the13 parties reasonable time for discovery procedures, subsequent to the date that defensive14 pleadings were required to be filed; provided, further, that, i n divorce cases involving15 service by publication, service shall occur on the date of the first publication of notice16 H. B. 1407 - 1 - 26 LC 49 2602 following the order for service of publication pursuant to subparagraph (f)(1)(C) of Code17 Section 9-11-4, and such divorce cases shall be triable any time after 60 days have elapsed18 since the date of the first publication of notice. All other c ivil cases shall be triable and19 may appear on a trial calendar only after the court has ruled on all dispositive motions or20 after the deadline for filing dispositive motions has passed without any such motions being21 filed.22 (b) Trial in chambers. The judges of any courts of record may, on reasonable notice to23 the parties, at any time and at chambers in any county in the circuit, hear and determine by24 interlocutory or final judgment any matter or issue where a jury trial is not required or has25 been waived. However, nothing in this subsection shall authorize the trial of any divorce26 case by consent or otherwise until after the last day upon which defensive pleadings were27 required by law to be filed therein.28 (c) Assignment of cases for trial. The courts shall provide for the placing of actions upon29 the trial calendar:30 (1) Without request of the parties but upon notice to the parties; or31 (2) Upon request of a party and notice to the other parties.32 Except for cause, cases shall be placed upon the calendar in ch ronological order in33 accordance with filing dates. Precedence shall be given to actions entitled thereto by any34 statute.35 (d) Trial calendar for actions to be tried to a jury. In all cases except for divorce and36 other domestic relations cases:37 (1) An action may not be tried by jury until it appears on a t rial calendar. A trial38 calendar must state the place of trial and the date and time du ring which the actions39 thereon may be tried. The time during which the actions appear ing on any single trial40 calendar may be tried shall not exceed three weeks. No more than 30 actions may appear41 on any single trial calendar;42 H. B. 1407 - 2 - 26 LC 49 2602 (2) A trial calendar shall be filed and served through the court's electronic filing service43 no less than 120 days prior to the session of court at which the actions thereon are to be44 tried. At the same time a trial calendar is filed and served through the court's electronic45 filing service, it shall also be served on each pro se party vi a email if said party has46 provided an email address to the court or via regular mail if n o email address has been47 provided to the court;48 (3) If requested by any party, the assigned judge shall conduct a pretrial conference for49 the action or actions in which such party is named on a trial c alendar at least 14 days50 before the first day of the trial calendar;51 (4) If the assigned judge has not issued written rulings on all motions in limine, all other52 pretrial motions, and all other pretrial matters by the time of the pretrial conference, the53 action shall be automatically continued from the trial calendar and placed on the court's54 next available trial calendar;55 (5) The parties to each action on a trial calendar shall submi t to the assigned judge a56 proposed consolidated pretrial order after the pretrial conference and no less than seven57 days before the first day of the trial calendar;58 (6) No action may appear on consecutive trial calendars unless the later-filed trial59 calendar is filed and served as provided in paragraph (2) of th is subsection at least 3060 days after the earlier-filed trial calendar is filed and served as provided in such paragraph;61 and62 (7) If all parties in an action consent to the action being continued from a trial calendar,63 the action shall be automatically continued from the trial calendar upon the parties' filing64 of a stipulation of continuance; provided, however, that a stipulation of continuance must65 be filed no less than 14 days before the first day of the trial calendar. If the parties timely66 file a stipulation of continuance, the court shall place the action on its next available trial67 calendar.68 H. B. 1407 - 3 - 26 LC 49 2602 (e) Scheduling trial for actions to be tried to a jury. In all cases except for divorce and69 other domestic relations cases:70 (1) Within 14 days after receiving the trial calendar provided for in paragraph (2) of71 subsection (d) of this Code section, the parties shall file a j oint report containing the72 following information:73 (A) Whether any party, any attorney of record, or any witness whose in-person74 testimony is necessary for trial, as determined by the party on whose behalf the witness75 will be called to testify, resides outside the state or outside a 100-mile radius of the76 courthouse where the action will be tried;77 (B) A brief, nonargumentative description of the nature of the action and any78 complexities associated with it;79 (C) An estimate of how long the trial is expected to take; and80 (D) The likelihood of settlement;81 (2) Within 30 days after filing and serving the trial calendar provided for in paragraph (2)82 of subsection (d) of this Code section, the assigned judge shall file and serve, in the same83 manner as provided in such paragraph, an update to the trial ca lendar setting forth the84 order in which each action thereon shall be called for trial ba sed on the following85 considerations:86 (A) For all actions on a trial calendar for which all parties, all attorneys of record, and87 all witnesses whose in-person testimony is necessary for trial, as determined by the88 party on whose behalf the witness will be called to testify, re side within a 100-mile89 radius of the courthouse where the actions will be tried, the a ssigned judge shall90 schedule each action for trial giving consideration to the natu re of the action, the91 complexity of the action, where the parties, attorneys of record, and witnesses reside,92 and the reasonable time requirements of the action for trial;93 (i) Once the assigned judge has determined the order in which each such action on94 a trial calendar shall be called for trial, no such action may be called for trial out of95 H. B. 1407 - 4 - 26 LC 49 2602 order except upon at least seven days' notice to the parties an d their attorneys of96 record pursuant to an update to the trial calendar that is filed and served in the same97 manner as provided in paragraph (2) of subsection (d) of this Code section;98 (ii) The parties and their attorneys of record for the first s uch action on the trial99 calendar shall appear ready for trial, as specified in the tria l calendar or any update100 thereto; and101 (iii) The parties and their attorneys of record for all other such actions on the trial102 calendar shall appear ready for trial, as specified in the tria l calendar or any update103 thereto, only after having received notice of at least 24 hours; and104 (B) For any action on a trial calendar for which any party, any attorney of record, or105 any witness whose in-person testimony is necessary for trial, as determined by the party106 on whose behalf the witness will be called to testify, resides outside the state or outside107 a 100-mile radius of the courthouse where the action will be tried, the assigned judge108 shall specially schedule the action for trial;109 (3) Once every two weeks following the filing and service of the updated trial calendar110 provided for in paragraph (2) of this subsection and continuing to the end of the trial111 calendar, the assigned judge shall notify all attorneys of reco rd and all unrepresented112 parties in all actions via email or via regular mail if an email address is not available of113 any actions that have been continued or otherwise removed from the trial calendar;114 (4) If any attorney of record has more than one action on the same trial calendar, the115 actions that are not first in priority shall be automatically c ontinued to the assigned116 judge's next available trial calendar; and117 (5) If any attorney of record has multiple actions on different trial calendars that are filed118 and served as provided in paragraph (2) of subsection (d) of this Code section within 30119 days of each other, the action on the earlier filed trial calendar shall be deemed to be first120 in priority, and the action on the later filed trial calendar shall be automatically continued121 to the assigned judge's next available trial calendar."122 H. B. 1407 - 5 - 26 LC 49 2602 SECTION 2.123 All laws and parts of laws in conflict with this Act are repealed.124 H. B. 1407 - 6 -