Georgia Supreme Court Issues Third Order Extending Declaration of Statewide Judicial Emergency

As many of you are already aware, the Supreme Court of Georgia issued an Order Declaring Statewide Judicial Emergency on March 14, 2020. The Order, effective March 14, 2020, suspended, tolled, extended or otherwise granted relief for any deadlines for civil, criminal and administrative matters in all of Georgia’s lower courts. The Order has been extended twice, and on June 12, 2020 the Supreme Court of Georgia extended the Order again to July 12, 2020 at 11:59 p.m.

To allow cases to move forward in the judicial process, the recent June 12, 2020 Order announces plans to re-impose many of the deadlines previously suspended, tolled or extended effective July 14, 2020. This includes deadlines related to discovery, deadlines imposed by Case Management Orders, and the Georgia Civil Practice Act. However, deadlines for jury trial proceedings shall remain suspended and tolled. Also, the 122 days between March 14 and July 14, 2020, or any portion of that period in which a statute of limitation would have run, shall be excluded from the calculation of that statute of limitation.

All courts are encouraged to continue to use and increase the use of technology to conduct remote judicial proceedings as a safer alternative to in-person proceedings. However, all Georgia courts must continue to conduct proceedings remotely or in-person, in compliance with applicable public health guidance, and the public’s right of access to judicial proceedings.

As such, in the weeks following July 14, 2020 we should see increased movement on many cases as deadlines become effective and enforceable by the Court. Courts can still entertain deadline extensions on a case by case basis.

A copy of the Order may be found here.

Questions? Contact one of MGC’s litigation attorneys.

This legal update is published as a service to our clients and friends. It is intended to provide general information and does not constitute legal advice regarding any specific situation. Past success does not indicate likelihood of success in any future legal representation.