Trial Practice and Procedure

Each year the Georgia appellate courts decide several hundred cases that raise issues of trial practice and procedure. The period surveyed in this article covers the tenth year of cases interpreting the Long-Arm Statute and the ninth year of cases decided under the Civil Practice Act. The gradual judicial development of these important laws has been fascinating to watch and comment on. A steady improvement in both the quality and predictability of these decisions can be observed and should be applauded. The cases selected for comment herein are those deemed the most significant because they either indicate a new direction or aptly illustrate an important principle of procedure. Hopefully, the attempt to assess these decisions critically will be of assistance to the bench and bar of the state and will contribute to the development of a procedural system that fully meets the mandate of C.P.A. §1, of securing the just, speedy, and inexpensive determination of every action. Generally, the areas of jurisdiction and venue will be discussed first in the article, followed by cases arranged in numerical order under each rule in the Civil Practice Act. Important amendments during the 1976 legislative session are included in conjunction with the discussion of venue and pleading, respectively