Bill Text: GA HB29 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: Service and filing pleadings; electronic service; provide

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2009-07-01 - Effective Date [HB29 Detail]

Download: Georgia-2009-HB29-Comm_Sub.html

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LC 29 3918S

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 29

A BILL TO BE ENTITLED
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 provide for electronic service of pleadings subsequent to the original complaint; to provide for presumptions regarding service of pleadings by e-mail on an attorney; to provide for a stay of discovery when a motion to dismiss is filed; 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 revising subsection (b) of Code Section 9-11-5, relating to service and filing of pleadings subsequent to the original complaint and other papers, as follows:

"(b) Same — How made. Whenever under this chapter service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him the person to be served or by mailing it to him the person to be served at his the person's last known address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section, the term 'delivery of a copy' means handing it to the attorney or to the party, person to be served or leaving it at his the person to be served's office with his clerk or other a person in charge thereof or, if the such office is closed or the person to be served has no office, leaving it at his the person to be served's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. 'Delivery of a copy' also means transmitting a copy via e-mail in portable document format (PDF) to the person to be served using all e-mail addresses provided pursuant to subsection (f) of this Code section and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his or her employee, by written admission, by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service."

SECTION 2.

Said chapter is further amended by adding a new subsection to Code Section 9-11-5, relating to commencement of action and service, to read as follows:

"(f) Electronic service of pleadings.

(1) A person to be served may consent to being served with pleadings electronically by:

(A) Filing a notice of consent to electronic service and including the person to be served's e-mail address or addresses in such pleading; or

(B) Including the person to be served's e-mail address or addresses in or below the signature block of the complaint or answer, as applicable to the person to be served.

(2) A person to be served may rescind his or her election to be served with pleadings electronically by filing and serving a notice of such rescission.

(3) If a person to be served agrees to electronic service of pleadings, such person to be served bears the responsibility of providing notice of any change in his or her e-mail address or addresses.

(4) If electronic service of a pleading is made upon a person to be served, and such person certifies to the court under oath that he or she did not receive such pleading, it shall be presumed that such pleading was not received unless the serving party disputes the assertion of nonservice, in which case the court shall decide the issue of service of such pleading."

SECTION 3.

Said chapter is further amended by revising subsection (e) of Code Section 9-11-6, relating to time, as follows:

"(e) Additional time after service by mail or e-mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon him the party by mail or e-mail, three days shall be added to the prescribed period."

SECTION 4.

Said chapter is further amended by adding a new subsection to Code Section 9-11-12, relating to answers, defenses, and objections in civil practice, to read as follows:

"(j)(1) Stay of discovery. If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner. The court shall decide the motion to dismiss within the 90 days provided in this paragraph.

(2) The discovery period and all discovery deadlines shall be extended for a period equal to the duration of the stay imposed by this subsection.

(3) The court may upon its own motion or upon motion of a party terminate or modify the stay imposed by this subsection but shall not extend such stay.

(4) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection (b) of this Code section or if any party needs discovery in order to identify persons who may be joined as parties, limited discovery needed to respond to such defenses or identify such persons shall be permitted until the court rules on such motion.

(5) The provisions of this subsection shall not modify or affect the provisions of paragraph (2) of subsection (f) of Code Section 9-11-23 or any other power of the court to stay discovery."

SECTION 5.

This Act shall become effective on July 1, 2009, and shall apply to motions to dismiss filed after July 1, 2009.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.