08 LC
35 0883
House
Bill 1355
By:
Representatives Peake of the
137th,
Jacobs of the
80th,
Lindsey of the
54th,
and Ramsey of the
72nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to
process under the Civil Practice Act, so as to provide for certain limitations
on the time for service; to amend certain provisions relating to service; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-4 of the Official Code of Georgia Annotated, relating to process
under the Civil Practice Act, is amended by adding a new subsection to read as
follows:
"(m)
Service — Time
limit. Where a defendant is not served
within 120 days following the filing of the complaint, the court, upon motion or
on its own without a motion, following notice to the plaintiff and an
opportunity for plaintiff to be heard, may dismiss the action without prejudice
or extend the period of time allowed for service. The court shall extend the
time for service for a reasonable period of time upon a showing of good cause by
a plaintiff for the failure to serve a defendant."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.