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GA SB368

Bill

Status

Introduced

2/7/2014

Primary Sponsor

Charlie Bethel

Click for details

Origin

Senate

2013-2014 Regular Session

AI Summary

  • Amends Georgia Code Section 9-11-41 to change the deadline for a plaintiff to voluntarily dismiss a case by written notice, replacing the current cutoff of "before the first witness is sworn" with "before entry of a pretrial order or the filing of a responsive pleading to a motion for summary judgment, whichever first occurs"
  • Adds a new restriction prohibiting courts from allowing a plaintiff to voluntarily dismiss a case if such dismissal would cause prejudice to any defendant
  • Effectively narrows the window for voluntary dismissal by moving the cutoff to an earlier stage of litigation, while also introducing a prejudice-based safeguard for defendants
  • Sponsored by Senators Bethel (54th), Ginn (47th), Gooch (51st), Hill (32nd), Chance (16th), and others during the 2014 legislative session

Legislative Description

Civil Practice; plaintiff's right to dismiss an action; change provisions

Last Action

Senate Read and Referred

2/10/2014

Full Bill Text

No bill text available