25 LC 48 1612S
The House Committee on Judiciary offers the following substitute to SB 173:
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated,1
relating to pleadings and motions, so as to authorize movants to file notices of uncontested2
motions in superior courts and state courts; to provide for uncontested motions to be deemed3
granted and entered; to provide for review by chief judge of any judge with two uncontested4
motions deemed granted on his or her docket; to provide for management reports regarding5
each such review; to provide for statutory construction; to require that parties to a case6
provide a copy of filed motions or notices to the judge assigned to such case; to provide for7
instructions on how to provide such copies; to provide for related matters; to repeal8
conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to12
pleadings and motions, is amended by adding new Code sections to read as follows:13
"9-11-16.1.14
(a) In the event that a superior court judge or a state court judge fails to rule upon a15
properly served pretrial motion before him or her to which no objection has been filed by16
S. B. 173 (SUB)
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any party or any valid intervenor within 60 days of the filing of such motion, the moving17
party may file a notice of uncontested motion with such judge.18
(b) Should a judge continue to fail to rule upon a motion before him or her within seven19
days of the filing of a notice of uncontested motion pursuant to subsection (a) of this Code20
section, such motion shall thereafter be deemed granted and entered.21
(c) The operation of subsection (a) or (b) of this Code section shall be tolled during any22
period that a hearing on the motion is scheduled until the day after such hearing is held.23
(d) In the event that a judge has a motion deemed granted and entered pursuant to24
subsection (b) of this Code section in two or more cases before such judge within two25
years, the chief judge of the court at issue may conduct a review of the docket management26
techniques and procedures of such judge and may issue a report of his or her findings.27
(e) Nothing in this Code section shall prohibit any court from conducting any review of28
its own operations of its own initiative.29
9-11-16.2.30
(a) Whenever a party to a case files a motion or notice with a court in this state pursuant31
to the provisions of this chapter, the party shall cause a copy of such motion or notice to32
be provided to the judge assigned to the case in which such motion or notice is filed or to33
another designee as identified by such judge.34
(b) Each judge of a court in which the provisions of this chapter apply shall, by the35
issuance of a standing order or any other manner, provide instructions on how parties to36
any case before such judge can provide copies of filed motions or notices to such judge37
pursuant to the provisions of subsection (a) of this Code section."38
SECTION 2.39
All laws and parts of laws in conflict with this Act are repealed.40
S. B. 173 (SUB)
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