Rule 6. Motions in civil actions.

 

 

 

Rule 6.1. Filing.

Rule 6.2. Reply.

Rule 6.3. Hearing.

Rule 6.4. Failure to make discovery and motion to compel discovery.

Rule 6.5. Motions for summary judgment.

Rule 6.6. Time for filing summary judgment motions.

Rule 6.7. Motions in emergencies.

 

 

Rule 6.1. Filing.

 

In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge.

 

Rule 6.2. Reply.

 

Unless otherwise ordered by the judge, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion. [In state court, see State Court Rule 6.2.]

 

Rule 6.3. Hearing.

 

Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.

 

However, oral argument on a motion for summary judgment shall be permitted upon written request made in a separate pleading bearing the caption of the case and entitled "Request for Oral Hearing," and provided that such pleading is filed with the motion for summary judgment or filed not later than five (5) days after the time for response.

 

Rule 6.4. Failure to make discovery and motion to compel discovery.

 

(A) Motions to compel discovery in accordance with O.C.G.A. § 9-11-37 shall:

 

(1) Quote verbatim or attach a copy as an exhibit of each interrogatory, request for admission, or request for production to which objection is taken;

 

(2) Include the specific objection or response said to be insufficient;

 

(3) Include the grounds assigned for the objection (if not apparent from the objection); and,

 

(4) Include the reasons assigned as supporting the motion. Such objections and grounds shall be addressed to the specific interrogatory, request for admission, or request for production and may not be made generally.

 

(B) Prior to filing any motion seeking resolution of a discovery dispute, counsel for the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the matters involved. At the time of filing the motion, counsel shall also file a statement certifying that such conference has occurred and that the effort to resolve by agreement the issues raised failed. This rule also applies to motions to quash, motions for protective order and cases where no discovery has been provided.

 

Rule 6.5. Motions for summary judgment.

 

Upon any motion for summary judgment pursuant to the Georgia Civil Practice Act, there shall be annexed to the notice of motion a separate, short and concise statement of each theory of recovery and of each of the material facts as to which the moving parts contends there is no genuine issue to be tried. The response shall include a separate, short and concise statement of each of the material facts as to which it is contended there exists a genuine issue to be tried.

 

Rule 6.6. Time for filing summary judgment motions.

 

Motions for summary judgment shall be filed sufficiently early so as not to delay the trial. No trial shall be continued by reason of the delayed filing of a motion for summary judgment.

 

Rule 6.7. Motions in emergencies.

 

Upon written notice and good cause shown, the assigned judge may shorten or waive the time requirement applicable to emergency motions, except motions for summary judgment, or grant an immediate hearing on any matter requiring such expedited procedure. The motion shall set forth in detail the necessity for such expedited procedure.