Although a lawsuit may seem straightforward as a dispute between two or more parties, there are often many procedural details that occur behind the scenes that act as stepping stones in the course of litigation. Understanding and navigating these procedural requirements can often be challenging, but can also save parties time and money during the course of a lawsuit when appropriately handled by an experienced Georgia personal injury lawyer.
In a recent Georgia Court of Appeals case, the court considered a misunderstanding in a dispute concerning an important procedural issue. The plaintiff filed a suit against the defendant for a slip and fall action four days before the statute of limitations for her case was set to expire. The plaintiff did not serve the defendant until 12 weeks later. The trial court granted the defendant’s motion to dismiss the case on the ground that the plaintiff had failed to present evidence that she had exercised proper diligence in attempting service after the statute of limitations expired.
On appeal, the court reversed the trial court’s decision, siding with the plaintiff. Because the plaintiff’s counsel was a member of the Georgia General Assembly, he was entitled to a statutory leave of court, which he had properly requested. This meant that the plaintiff’s counsel was entitled to an extension and temporarily relief from responding to the motions. Further, because the plaintiff relied on the court approving a scheduling order that both parties agreed to, the trial court erred in granting a motion to dismiss because the plaintiff was within the correct time frame and had no further obligation to respond.