Georgia Motion for Summary Judgment
Georgia decides most summary judgment motions on the papers with no hearing, and counts the 30 day response deadline forward from service of the motion rather than backward from a hearing date.
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Introduction
In Georgia, a motion for summary judgment must be served at least 30 days before any hearing on the motion, a period computed under O.C.G.A. § 9-11-6(a), which excludes the first day, includes the last day, and extends to the next business day if the last day falls on a weekend or holiday (O.C.G.A. § 9-11-56(c)). In practice, most Georgia summary judgment motions are decided on the papers with no hearing at all: Uniform Superior Court Rule 6.3 provides that civil motions, including summary judgment, are decided without oral argument unless the court orders otherwise or a party files a written Request for Oral Hearing with the motion or within 5 days after the time for response (USCR 6.3). The party opposing the motion must serve and file a response, along with any opposing affidavits and its own statement of disputed facts, not later than 30 days after service of the motion, calendar days counted forward from service rather than backward from a hearing date, with 3 additional days added under O.C.G.A. § 9-11-6(e) if the motion was served by mail (USCR 6.2). Georgia sets no statutory deadline for when a summary judgment motion must be filed relative to trial; Uniform Superior Court Rule 6.6 requires only that it be filed sufficiently early so as not to delay the trial, and bars continuing the trial because the motion was filed late. Even in an emergency, USCR 6.7 does not allow shortening the 30 day notice period for a summary judgment motion. The standard is set by O.C.G.A. § 9-11-56(c): summary judgment is granted only if the pleadings, depositions, answers to interrogatories, admissions, and any affidavits show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Georgia case law, principally Lau's Corp., Inc. v. Haskins, 261 Ga. 491 (1991), lets a defendant who does not bear the trial burden win by pointing to an absence of evidence supporting an element of the other side's claim, a burden shifting approach similar to the federal Celotex standard, though it was never added to the statute's text. The moving party must annex to the notice of motion a separate, short and concise statement of each theory of recovery and each material fact it contends is undisputed, and the response must include its own separate statement of each fact it contends is genuinely disputed (USCR 6.5); facts not established by stipulation must be supported by affidavits or citations to evidentiary materials of record (USCR 6.1). Summary judgment may be granted on liability alone even though the amount of damages remains disputed, and when judgment is not granted on the whole case, the court identifies by order the facts that are not substantially in controversy for use at trial (O.C.G.A. § 9-11-56(c)-(d)). This page covers a civil motion for summary judgment in Georgia superior court under the Georgia Civil Practice Act. It does not cover a motion to dismiss or a motion to set aside a default judgment, which follow different standards, or a motion in federal court, which follows the Federal Rules of Civil Procedure. Summary judgment is technical and is often lost on a missed deadline or an incomplete statement of facts rather than on the merits. Attorney review is available before you file or respond.
Key Things to Know
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A Georgia summary judgment motion must be served at least 30 days before any hearing (O.C.G.A. § 9-11-56(c)), and the opposing party must serve and file a response, including any opposing affidavits and its own statement of disputed facts, not later than 30 days after service of the motion, plus 3 more days if the motion was served by mail (USCR 6.2; O.C.G.A. § 9-11-6(e)). Both periods are calendar days.
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Georgia sets no statutory cutoff for when a summary judgment motion must be filed before trial. Uniform Superior Court Rule 6.6 requires only that it be filed sufficiently early so as not to delay the trial, and bars continuing the trial because the motion was filed late; USCR 6.7 does not allow shortening the 30 day notice period even for an emergency motion.
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Most Georgia summary judgment motions are decided on the papers with no oral hearing. Uniform Superior Court Rule 6.3 decides motions without oral argument unless the court orders otherwise or a party files a written request, in a separate pleading bearing the case caption and titled Request for Oral Hearing, with the motion or within 5 days after the time to respond.
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If you were served with a motion for summary judgment, do not wait for a hearing notice before responding: your response, including your own statement of disputed facts and any affidavits, is due 30 days after service whether or not a hearing is ever set (USCR 6.2, 6.5).
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The court grants summary judgment only if the record shows no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (O.C.G.A. § 9-11-56(c)). Georgia case law, not a statutory amendment, layers a Celotex style burden shifting analysis onto this text through Lau's Corp., Inc. v. Haskins, 261 Ga. 491 (1991).
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The moving party must annex to the notice of motion a separate, short and concise statement of each theory of recovery and each material fact it contends is undisputed; the response must include its own separate statement of each fact it contends is genuinely disputed (USCR 6.5). Any facts not stipulated must be supported by affidavits or citations to evidentiary materials of record (USCR 6.1).
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If you are opposing the motion and cannot yet present facts essential to your opposition, O.C.G.A. § 9-11-56(f) allows the court to grant a continuance, and § 9-11-56(g) allows the court to sanction affidavits submitted in bad faith with expenses and attorney's fees.
Key decisions before you file
Before you file a Motion for Summary Judgment in Georgia, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Georgia Requirements for Motion for Summary Judgment
30 Day Notice Before Any Hearing
A motion for summary judgment must be served at least 30 days before the time fixed for any hearing, computed as calendar days under O.C.G.A. § 9-11-6(a) (O.C.G.A. § 9-11-56(c)).
30 Day Response Deadline After Service
The opposing party must serve and file a response, including affidavits and other responsive material, not later than 30 days after service of the motion, plus 3 additional days if the motion was served by mail (USCR 6.2; O.C.G.A. § 9-11-6(e)).
No Hearing Unless Requested or Ordered
Summary judgment motions are decided without oral argument unless the court orders otherwise or a party files a written Request for Oral Hearing, as a separate pleading bearing the case caption, with the motion or within 5 days after the time for response (USCR 6.3).
No Statutory Filing Cutoff Before Trial
Georgia sets no statutory deadline tied to the trial date; the motion must only be filed sufficiently early so as not to delay the trial, and the trial cannot be continued because of a late-filed motion (USCR 6.6).
Separate Statement of Material Facts
The moving party must annex to the notice of motion a separate, short and concise statement of each theory of recovery and each undisputed material fact; the response must include its own separate statement of each genuinely disputed fact (USCR 6.5).
Supporting Affidavits or Record Citations
Facts not established by stipulation must be supported by affidavits or citations to evidentiary materials of record (USCR 6.1); any affidavits must be made on personal knowledge, set forth admissible facts, and attach sworn or certified copies of referenced papers (O.C.G.A. § 9-11-56(e)).
Partial Summary Judgment on Liability Alone
Summary judgment may be granted on the issue of liability alone even though the amount of damages remains genuinely disputed, with the court identifying by order the facts not substantially in controversy for use at trial (O.C.G.A. § 9-11-56(c)-(d)).
Burden Shifting Under Lau's Corp. v. Haskins
A defendant who does not bear the trial burden may discharge its summary judgment burden by pointing to an absence of evidence supporting an element of the non-movant's case, under Lau's Corp., Inc. v. Haskins, 261 Ga. 491 (1991).