A Georgia judge can rule on a summary judgment motion in your divorce without ever hearing from you in person, unless you file the right piece of paper on time.
What the Rule Requires
Uniform Superior Court Rule 6.3 provides that, unless the court orders otherwise, “all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”
The exception is narrow and formal. Oral argument on summary judgment “shall be permitted upon written request made in a separate pleading bearing the caption of the case and entitled ‘Request for Oral Hearing,’” and that pleading must be filed with the motion or no later than five days after the time for response. Rule 6.2 sets the response time at 30 days after service of the motion.
Once You Ask, the Hearing Is Yours
Hunt v. Thomas, 296 Ga. App. 505 (2009), holds that “a party who files a timely written request for oral argument on a motion for summary judgment is absolutely entitled to one under Uniform Superior Court Rule 6.3,” and that “a court’s error in failing to grant a hearing can never be held harmless.” But Hunt also lost the point. He never told the court it had skipped his hearing, then stipulated to the remaining issue, and the Court of Appeals held he had waived the complaint.
Motions for New Trial Are Different
In Kuriatnyk v. Kuriatnyk, 286 Ga. 589 (2010), a divorce case, the trial court denied a motion for new trial the day after it was filed, with no hearing. The Georgia Supreme Court reversed, because Rule 6.3 requires no written request for oral argument on that motion.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!