Georgia 2025-2026 Regular Session

Georgia Senate Bill SB173 Compare Versions

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1-25 LC 48 1612S
2-The House Committee on Judiciary offers the following substitute to SB 173:
1+25 LC 55 0401
2+Senate Bill 173
3+By: Senators McLaurin of the 14th, Tillery of the 19th, Strickland of the 42nd, Esteves of the
4+35th, Parent of the 44th and others
5+AS PASSED SENATE
36 A BILL TO BE ENTITLED
47 AN ACT
5-To amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated,1
8+To amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated,
9+1
610 relating to pleadings and motions, so as to authorize movants to file notices of uncontested2
711 motions in superior courts and state courts; to provide for uncontested motions to be deemed3
8-granted and entered; to provide for review by chief judge of any judge with two uncontested4
9-motions deemed granted on his or her docket; to provide for management reports regarding5
10-each such review; to provide for statutory construction; to require that parties to a case6
11-provide a copy of filed motions or notices to the judge assigned to such case; to provide for7
12-instructions on how to provide such copies; to provide for related matters; to repeal8
13-conflicting laws; and for other purposes.9
14-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
15-SECTION 1.11
16-Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to12
17-pleadings and motions, is amended by adding new Code sections to read as follows:13
18-"9-11-16.1.14
19-(a) In the event that a superior court judge or a state court judge fails to rule upon a15
20-properly served pretrial motion before him or her to which no objection has been filed by16
21-S. B. 173 (SUB)
22-- 1 - 25 LC 48 1612S
23-any party or any valid intervenor within 60 days of the filing of such motion, the moving17
24-party may file a notice of uncontested motion with such judge.18
25-(b) Should a judge continue to fail to rule upon a motion before him or her within seven19
26-days of the filing of a notice of uncontested motion pursuant to subsection (a) of this Code20
27-section, such motion shall thereafter be deemed granted and entered.21
28-(c) The operation of subsection (a) or (b) of this Code section shall be tolled during any22
29-period that a hearing on the motion is scheduled until the day after such hearing is held.23
30-(d) In the event that a judge has a motion deemed granted and entered pursuant to24
31-subsection (b) of this Code section in two or more cases before such judge within two25
32-years, the chief judge of the court at issue may conduct a review of the docket management26
33-techniques and procedures of such judge and may issue a report of his or her findings.27
34-(e) Nothing in this Code section shall prohibit any court from conducting any review of28
35-its own operations of its own initiative.29
36-9-11-16.2.30
37-(a) Whenever a party to a case files a motion or notice with a court in this state pursuant31
38-to the provisions of this chapter, the party shall cause a copy of such motion or notice to32
39-be provided to the judge assigned to the case in which such motion or notice is filed or to33
40-another designee as identified by such judge.34
41-(b) Each judge of a court in which the provisions of this chapter apply shall, by the35
42-issuance of a standing order or any other manner, provide instructions on how parties to36
43-any case before such judge can provide copies of filed motions or notices to such judge37
44-pursuant to the provisions of subsection (a) of this Code section."38
45-SECTION 2.39
46-All laws and parts of laws in conflict with this Act are repealed.40
47-S. B. 173 (SUB)
12+granted; to provide for review by chief judge of any judge with two uncontested motions4
13+deemed granted on his or her docket; to require management reports regarding each such5
14+review; to provide for construction; to provide for related matters; to repeal conflicting laws;6
15+and for other purposes.7
16+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
17+SECTION 1.9
18+Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to10
19+pleadings and motions, is amended by adding a new Code section to read as follows:11
20+"9-11-16.1.
21+12
22+(a) In the event that a superior court judge or a state court judge fails to rule upon a13
23+properly served motion before him or her to which no objection has been filed by any party14
24+or any valid intervenor within 90 days of the filing of such motion, the moving party may15
25+file a notice of uncontested motion with such judge.16
26+S. B. 173
27+- 1 - 25 LC 55 0401
28+(b) Should a judge continue to fail to rule upon a motion before him or her within seven17
29+days of the filing of a notice of uncontested motion pursuant to subsection (a) of this Code18
30+section, such motion shall thereafter be deemed granted by such judge.19
31+(c) In the event that a judge has a motion deemed granted pursuant to subsection (b) of this20
32+Code section in a second matter before such judge, the chief judge of the jurisdiction at21
33+issue shall conduct a review of the docket management techniques and procedures of such22
34+judge and shall issue a report of his or her findings.23
35+(d) Nothing in this Code section shall prohibit any court from conducting any review of24
36+its own operations of its own initiative."25
37+SECTION 2.26
38+All laws and parts of laws in conflict with this Act are repealed.27
39+S. B. 173
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