09 LC 29
3782S
The
House Committee on Judiciary offers the following substitute to HB
414:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-12 of the Official Code of Georgia Annotated, relating
to answers, defenses, and objections in civil practice, so as to provide for a
stay of discovery when a motion to dismiss is filed; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws, and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-12 of the Official Code of Georgia Annotated, relating to answers,
defenses, and objections in civil practice, is amended by adding a new
subsection to read as follows:
"(j)(1)
Stay
of discovery.
If a party files a motion to dismiss before or at the time of filing an answer
and pursuant to the provisions of this Code section, discovery shall be stayed
for 120 days after the filing of such motion or until the ruling of the court on
such motion, whichever is sooner; provided, however, that such stay may be
extended:
(A)
By the court on its own motion;
(B)
By agreement of the parties, filed with the court; or
(C)
By order of the court upon motion of a party to extend such stay for good
cause.
(2)
The filing of a motion to dismiss against less than all counts alleged shall
only stay discovery related to the challenged claims.
(3)
Discovery shall be extended for the duration of the stay of discovery imposed by
this subsection.
(4)
Upon a showing of good cause, a court may grant a motion for expedited discovery
while the motion to dismiss is pending. Good cause may include, but shall not
be limited to, discovery needed because a witness will be unavailable during the
discovery period or because a party is seeking an interlocutory
injunction.
(5)
If a motion to dismiss raises defenses set forth in paragraph (2), (3), or (7)
of subsection (b) of this Code section, limited discovery needed to respond to
such defenses shall be permitted until the court rules on such
motion.
(6)
The court shall decide any motion to dismiss which results in the imposition of
a stay of discovery pursuant to this subsection during the time period in which
such stay exists."
SECTION
2.
This
Act shall apply with respect to motions to dismiss filed on or after the
effective date of this Act which shall be determined as provided in Code Section
1-3-4 of the Official Code of Georgia Annotated.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.