05 LC 33
0905S
The
House Special Committee on Civil Justice Reform offers the following
substitute
to SB 19:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-23 of the Official Code of Georgia Annotated, relating
to class actions, so as to provide for procedures, conditions, and limitations
on certification of class actions; to provide for appellate procedures relating
to class actions certification; to provide for related matters; to provide an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-23 of the Official Code of Georgia Annotated, relating to class
actions, is amended by striking subsection (f), and inserting in lieu thereof
the following:
"(f)
The
appropriate appellate court may in its discretion permit an appeal from an order
of a trial court granting or denying class action certification under this Code
section if application is made to it within ten days after entry of the order.
An appeal does not stay proceedings in the trial court unless the trial judge or
the appellate court so orders.
(1)
After the commencement of an action in which claims or defenses are purported to
be asserted on behalf of or against a class, the court shall hold a conference
among all named parties to the action for the purpose of establishing a schedule
for any discovery germane to the issue of whether the requested class should or
should not be certified. At this conference, the court shall set a date for a
hearing on the issue of class certification. Except for good cause shown, such
hearing may not be set sooner than 90 days nor later than 180 days after the
date on which the court issues its scheduling order pursuant to the conference.
Evidence may be presented by affidavit, provided the parties have an opportunity
to cross-examine affiants as to such testimony offered by
affidavit.
(2)
Except for good cause shown, the court shall stay all discovery directed solely
to the merits of the claims or defenses in the action until the court has issued
its written decision regarding certification of the class.
(3)
When deciding whether a requested class is to be certified, the court shall
enter a written order addressing whether the factors required by this Code
section for certification of a class have been met and specifying the findings
of fact and conclusions of law on which the court has based its decision with
regard to whether each such factor has been established. In so doing, the court
may treat a factor as having been established if all parties to the action have
so stipulated on the record.
(4)
Nothing in this Code section shall affect, or be construed to affect, any
provision of Code Section 9-11-12 or Code Section 9-11-56.
(g)
A
court́s
order certifying a class or refusing to certify a class shall be appealable in
the same manner as a final order to the appellate court which would otherwise
have jurisdiction over the appeal from a final order in the action. The
appellate courts shall expedite resolution of any appeals taken under this Code
section. Such appeal may only be filed within 30 days of the order certifying or
refusing to certify the class. During the pendency of any such appeal, the
action in the trial court shall be stayed in all
respects."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to all cases pending on that
effective date in which the trial court has not yet certified the case as a
class action and to all cases filed on or after that effective
date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.