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GA HB371
Bill
Status
Engrossed
3/3/2021
Primary Sponsor
Stan Gunter
Click for details
AI Summary
- Plaintiffs filing suit on an oral (parol) contract valued over $100,000.00 must include an affidavit with the complaint presenting evidence sufficient to support a plausible claim that the contract exists
- A contract is considered "in parol" if it is not wholly in writing; contracts that are partly written and partly oral are treated as parol contracts
- If a defendant alleges by motion to dismiss that the filed affidavit is defective, the plaintiff has 30 days from service of the motion to cure the defect by amendment, with the trial court having discretion to extend this deadline
- Complete failure to file the required affidavit, if raised by the defendant's motion to dismiss before or at the time of the initial responsive pleading, subjects the complaint to dismissal without prejudice for failure to state a claim
- The new requirement applies only to contracts entered into after June 30, 2022, with an effective date of July 1, 2022
Legislative Description
Evidence; certain proceedings may be conducted by video conference; provide
Last Action
Senate Committee Favorably Reported By Substitute
3/30/2022
Committee Referrals
Judiciary3/5/2021
Judiciary - Non-Civil2/10/2021
Full Bill Text
No bill text available