06 HB1195/SCSFA/2
SENATE
SUBSTITUTE TO HB 1195
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating
to the "Georgia Civil Practice Act," so as to require complaints to be
accompanied in filing with the civil case filing form; to require judgments to
be accompanied in filing with the civil case disposition form; to change certain
provisions relating to commencement of actions; to provide for amended civil
case filing forms; to change certain provisions relating to entry of judgment;
to provide for confidential settlement agreements being excluded on civil case
disposition forms; to provide for related matters; to provide for an effective
date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 9 of the Official Code of Georgia Annotated, relating to the
"Georgia Civil Practice Act," is amended by striking Code Section 9-11-3,
relating to commencement of actions, and inserting in lieu thereof the
following:
"9-11-3.
(a)
A civil action is commenced by filing a complaint with the court.
(b)
At the time of filing the complaint for a civil action in superior court or
state court,
or as soon
as practicable thereafter, the plaintiff
shall file the appropriate civil case filing form with the clerk of the court.
The form shall
contain
complete information and shall be
substantially in the form prescribed in Code Section 9-11-133. The filing of
the complaint shall not be delayed for the filing of the case filing form.
If, after a
civil action has been filed, the court presiding over the civil action decides
that the civil case filing form has not been filed or has been filed
incorrectly, the court shall require the plaintiff to file the civil case filing
form or an amended form. In no case shall the failure to accurately complete
the civil case filing form required by this Code section provide a basis to
dismiss a civil
action."
SECTION
2.
Said
chapter is further amended by striking subsection (b) of Code Section 9-11-58,
relating to the entry of judgment and filing of the civil case disposition form,
and inserting in lieu thereof the following:
"(b)
When judgment
entered. The filing with the clerk of a
judgment, signed by the judge,
with the fully
completed civil case disposition form
constitutes the entry of the judgment, and, unless the court otherwise directs,
no judgment shall be effective for any purpose until the entry of the same, as
provided in this subsection.
As
part
At the
time of the filing of the final judgment,
a civil case disposition form shall be filed by the prevailing party or by the
plaintiff if the case is settled, dismissed, or otherwise disposed of without a
prevailing
party;
provided, however, that the amount of a sealed or otherwise confidential
settlement agreement shall not be disclosed on the civil case disposition
form. The form shall be substantially in
the form prescribed in Code Section 9-11-133. If any of the information required
by the form is sealed by the court, the form shall state that fact and the
information under seal shall not be provided.
The entry of
the judgment shall not be made by the clerk of the court until the civil case
disposition form is filed. The entry of
the judgment shall not be delayed for the taxing of costs. This subsection
shall not apply to actions brought pursuant to OCGA Sections 44-7-50 - 44-7-59
or the
filing of the case disposition
form."
SECTION
3.
This
Act shall become effective on July 1, 2006, and shall apply to actions and
judgments filed on or after July 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.