Georgia Order of Publication is a legal process used to give notice of a pending legal action in the state of Georgia. It is typically used in cases of divorce, child support, name change, adoption, and other matters that require court intervention. There are three types of Georgia Order of Publication: regular, expedited, and special. Regular Georgia Order of Publication requires the plaintiff to publish a notice in a local newspaper for four consecutive weeks. Expedited Georgia Order of Publication requires the plaintiff to publish the notice in a local newspaper for two consecutive weeks. Special Georgia Order of Publication requires the plaintiff to file a notice in the county superior court clerk's office for a specific time period. In all cases, the publication must include a copy of the summons, a brief description of the court action, and instructions on how the defendant can respond.
Georgia Order Of Publication
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FAQ
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests
Rule 6(e) allows the responding party three extra days in which to respond only if the motion or other filing is served by mail. The rule does not allow that additional time when service is by any other method, including hand delivery, fax, email or by the electronic filing system.
Rule 26(f) Conference Federal Rule of Civil Procedure 26(f) requires the parties to confer, develop a proposed discovery plan, and submit a report to this Court. Subsequent to the filing of the report, a Scheduling Order must be entered pursuant to Federal Rule of Civil Procedure 16(b).
Except as provided in subsection (1)(c) of Rule 41, a response to a motion may be filed within ten (10) calendar days after service of the written motion. The time for response may be shortened or extended by the Court for good cause prior to the expiration of the response period.
The Georgia court system has five classes of trial- level courts: the magistrate, probate, juvenile, state, and superior courts. In addition, there are approximately 400 municipal courts operating locally. There are two appellate-level courts: the Supreme Court and Court of Appeals.
When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.
In order to serve a party by publication, a notice of the filing of the suit is published in the officially-designated paper for publishing legal notices several times and if no answer is filed within sixty days, then a judgment by default can be entered.
However, a rarely enforced Georgia statute provides that judges should rule on motions within 90 days after filing or oral argument unless counsel agree in writing to extend the time for a ruling or the judge is "providentially hindered" from making a decision.