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Superior Court Discretion Time Limits

by merlin on August 28th, 2012
  • Sumo

Though it has been said that “[j]ustice delayed is justice denied”, some delay is to be expected in the Superior Courts of Georgia, especially in the current political and fiscal atmosphere, which seems to hold especial venom for legal practitioners and the Courts – mistakenly believing that the judicial system is pampered while making cuts to their budget that hurt the citizenry.

In light of this sense of haste that has gripped every litigant, it is a good thing to keep in mind the provisions of Section 15-6-21 of the Official Code of Georgia, which states at subsection (b) that

“[i]n all counties with more than 100,000 inhabitants, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 90 days after the same have been argued before him or submitted to him without argument, all motions for new trials, injunctions, demurrers, and all other motions of any nature” (emphasis supplied).

In times past, this time-limit was not such a pressing concern, it seems, but it is a powerful crutch for the judicial system in light of the current prevailing popular opinions about the legal system.

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