Current through Rules and Regulations filed through March 20, 2024
(1)
Motion. A party may move, based
on supporting affidavits or other probative evidence, for summary determination
in its favor on any of the issues being adjudicated, on the basis that there is
no genuine issue of material fact for determination and the moving party is
entitled to prevail as a matter of law.
(a)
There shall be included in the motion or attached thereto a separate, concise,
and numbered statement of each of the material facts as to which the moving
party contends there is no genuine issue for determination. Each numbered
material fact must be supported by a citation to evidence proving such fact.
The Court will not consider any fact that
1.
lacks citation to supporting evidence;
2. is stated as an issue or legal conclusion;
or
3. is set out only in a brief
and not in the moving party's statement of undisputed facts.
(b) A motion for summary
determination must be filed and served on all parties no later than thirty (30)
calendar days before the date set for hearing. For good cause shown, a motion
may be filed at any time before the close of the hearing.
(2)
Response. A party may file and
serve a response to a motion for summary determination or a counter-motion for
summary determination within twenty (20) calendar days of service of the motion
for summary determination.
(a) The response
shall include a separate and concise statement of each of the material facts as
to which the party opposing summary determination contends there exists a
genuine issue for determination. These facts shall be individually numbered to
correspond to the numbered statement of material facts provided by the moving
party. Each fact must be supported by a citation to evidence. The Court will
not consider any fact that
1. lacks citation
to supporting evidence;
2. is
stated as an issue or legal conclusion; or
3. is set out only in a brief and not in the
responding party's statement of material facts.
(b) The Court may deem each of the moving
party's facts as admitted unless the responding party
1. directly refutes the moving party's fact
with a response supported by a citation to evidence, as required in subsection
(2)(a) of this Rule;
2. states a
valid objection to the admissibility of the moving party's fact;
3. asserts that the moving party's citation
does not support the moving party's fact; or
4. asserts that the moving party's fact is
not material or otherwise has failed to comply with this Rule.
(c) When a motion for summary
determination is supported as provided in this Rule, a party opposing the
motion may not rest upon mere allegations or denials, but must show, by
affidavit or other probative evidence as required in subsection (2)(a) of this
Rule, that there is a genuine issue of material fact for determination, or that
the moving party is not entitled to prevail as a matter of law.
(3)
Affidavits. Affidavits shall be
made upon personal knowledge, shall set forth facts that would be admissible in
evidence, and shall show affirmatively that the affiant is competent to testify
to the matters stated therein. Sworn or certified copies of all documents to
which reference is made in an affidavit shall be attached thereto and served
therewith. Where facts necessary for summary determination are a matter of
expert opinion, such facts may be resolved on the basis of uncontroverted
affidavits or testimony of expert opinion.
(4)
Oral Argument and Written
Submissions. The Court may set the motion for
oral argument and call for the submission of proposed findings of fact,
conclusions of law, and briefs.
(5)
Ruling. The Court shall rule on
a motion for summary determination in writing.
(a) If the period required to rule upon the
motion for summary determination will extend beyond the date set for the
hearing, the Court may continue the hearing.
(b) The Court, at its discretion, may
determine that the matter, as a whole, or certain specified issues, are better
resolved by an evidentiary hearing and inappropriate for summary determination.
O.C.G.A. §§
50-13-13(a)(6);
50-13-40(c).
