09 LC
14 9997-EC
House
Bill 414
By:
Representatives Ramsey of the
72nd,
Willard of the
49th,
Cole of the
125th,
Lindsey of the
54th,
and Pruett of the
144th
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 (j) as follows:
"(j)
Stay
of discovery.
If a party files a motion to dismiss pursuant to the provisions of this Code
section, discovery shall be stayed until the trial court rules on the motion;
provided, however, that the filing of a motion to dismiss against less than all
counts alleged shall only stay discovery related to the challenged claims.
Discovery shall be extended for the duration of the stay of discovery imposed by
this subsection. 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 is not limited to, discovery needed because a witness will be
unavailable during the discovery period or because a party is seeking an
interlocutory
injunction."
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laws and parts of laws in conflict with this Act are repealed.