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Disclaimer: The information contained in this web site is as accurate as possible, however, this information is NOT A SUBSTITUTE for legal advice. Georgia laws change frequently and you should consult an attorney about the particular facts of your case. This page contains summary information about GEORGIA LAW ONLY. The laws of your state or country can, and probably will be, different.
The term “GA Civil Litigation” applies to Georgia cases in which one party (the “plaintiff”) brings a lawsuit against another party (the “defendant”). A civil lawsuit is generally funded by the person bringing the suit, unless the law allows the plaintiff to recover attorney’s fees and/or costs from the defendant. If a frivolous suit or defense is brought by a party, they can be made to pay attorney’s fees and costs.
In order to bring a civil suit, the plaintiff must have a “cause of action,” or a legal basis for bringing the action. The plaintiff must allege that the defendant (or defendants if there are a number of different people being sued by the plaintiff) acted, or failed to act, in such a way that violates some rule of law. GA Civil Litigation is different from GA Criminal Law, in that, the plaintiff in a civil suit is a private party, and not the state. Likewise, a party (normally) cannot be jailed if they loose in a civil suit.
Important issues arise when a person or entity wishes to bring a civil suit against another person or entity. Issues of subject matter jurisdiction, personal jurisdiction, venue, et cetera, come into play when formulating a trial strategy. The Georgia Civil Practice Act applies to most civil cases brought in the state courts of Georgia (including Divorce cases). The Georgia Civil Practice Act does not apply in Federal Courts or in Georgia Magistrate Courts.
One of the most important aspects of the Civil Practice Act is the ability of both parties to utilize what is termed “discovery.” Discovery is when either or both parties to a civil suit require that the other party provide information about anything relevant about the suit. Such discovery comes in the form of interrogatories, requests for admission, notices to produce documents and other tangible things, depositions (which is a formal interview that is taken down on record under oath), and requests for the production of documents and other tangible things. The parties can even make non-party witnesses submit to discovery regarding a lawsuit.
In addition to the discovery rules of the Civil Practice Act, there are many rules regarding deadlines, motions, and other very important rights and obligations of the parties to the suit. In most cases, either party can have their case tried before a jury, if they so choose. Because the rules involved in a civil lawsuit are so complex, anyone involved in a civil suit, either as a plaintiff or as a defendant, should retain an attorney at the earliest possible moment so that they can preserve their rights.
