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GA HB171

Bill

Status

Engrossed

2/29/2016

Primary Sponsor

Dustin Hightower

Click for details

Origin

House of Representatives

2015-2016 Regular Session

AI Summary

  • Amends Georgia's forum non conveniens statute (Code Section 9-10-31.1) to add a new factor courts must consider: whether a forum outside Georgia provides impartial tribunals and procedures consistent with due process under the U.S. and Georgia Constitutions
  • Changes the court's authority regarding out-of-state forum dismissals from mandatory ("shall dismiss") to discretionary ("may dismiss")
  • Strengthens the requirement that defendants file a written stipulation waiving statute of limitations defenses before a claim can be dismissed, changing "may not" to "shall not" to make this a mandatory precondition
  • Retains existing factors courts must weigh, including ease of access to proof, witness availability, local interests, and traditional deference to the plaintiff's choice of forum
  • Effective July 1, 2016, applying only to civil actions arising on or after that date

Legislative Description

Laws and statutes; revise provisions relating to effect and enforcement of foreign laws; provisions

Last Action

Senate Read Second Time

3/16/2016

Full Bill Text

No bill text available