FEDERAL VS. GEORGIA PROCEDURE
This is Georgia's deadline to answer a complaint, ten days longer than the federal deadline of 21 days.
What is 30 days?
Under the Erie Doctrine, this law governs in a diversity action.
What is the substantive law of the state in which the district court is located, if there is no federal law on point.
The district court will apply federal procedural law, even if a state rule or statute is in conflict.
This is the definition of hearsay: an out-of-court statement offered to prove this.
What is the truth of the matter asserted?
Evidence must clear this balancing test: probative value not substantially outweighed by unfair prejudice, confusion, or waste of time.
What is Rule 403 balancing?
This warning, required before custodial interrogation, includes the right to remain silent and the right to an attorney.
What is a Miranda warning?
Georgia allows this many interrogatories, including subparts, without leave of court, double the federal limit of 25.
What is 50?
This doctrine lets a federal court hear related claims that wouldn't independently qualify for federal jurisdiction, so long as they share a common nucleus of operative fact.
What is supplemental jurisdiction?
This hearsay exception covers a statement describing a startling event, made while the declarant was still under the stress of that event.
What is an excited utterance?
This type of witness must be qualified by knowledge, skill, experience, training, or education, and their testimony screened for reliability under Daubert.
What is an expert witness?
This type of immunity (the constitutional minimum) bars using compelled testimony or anything derived from it, but still allows prosecution if evidence comes from an independent source.
What is use and derivative use immunity
Unlike federal courts, which presumptively cap depositions at 10 per side, Georgia imposes no default limit on this, instead relying on a protective order to curb abuse.
What is the frequency of discovery methods?
This joinder device lets a defending party bring in a new party who may be liable to THEM for all or part of the plaintiff's claim, based on a theory like indemnity or contribution.
What is impleader?
This hearsay exception covers a declarant's statement about their own present physical or emotional condition, but does NOT cover statements of memory or belief about a PAST event.
What is then-existing physical/mental condition?
Georgia's heightened standard for a medical malpractice expert witness requires active practice or teaching in the same specialty for at least 3 of the last this many years.
What is 5 years?
This broader type of immunity bars prosecution entirely for the transaction discussed, even if independent evidence later surfaces, not constitutionally required, just more generous.
What is transactional immunity?
Unlike the federal rules post-2010, Georgia has NOT adopted work-product protection for these two categories of expert-related material.
What are draft expert reports and attorney-expert communications?
This type of interpleader requires only minimal diversity between claimants and an amount in controversy of just $500, but requires the stakeholder to deposit the fund with the court.
What is statutory interpleader?
This exception allows statements made for medical diagnosis or treatment, including statements about the cause of a condition, but generally excludes statements attributing this.
What is fault (to a specific person)?
This type of presumption, which REQUIRES the jury to find an element proven unless rebutted, unconstitutionally shifts the prosecution's burden.
What is a mandatory presumption?
Georgia law expands on this constitutional law, and prevents successive prosecutions for the same conduct if all facts were known to the prosecutor.
What is Double Jeopardy?
Georgia's long-arm statute lists specific enumerated categories of conduct, rather than reaching to this broader limit that some other states' long-arm statutes extend to.
What is the full limit of constitutional due process?
Before suing a Georgia government entity in tort, a plaintiff must send this formal pre-suit notice, with deadlines ranging from 6 to 12 months depending on the entity.
What is an ante litem notice?
Under Federal Rule of Evidence 804, these hearsay exceptions require the declarant to be unavailable. There are 5.
What is former testimony, statements under the belief of imminent death, statements against interest, and statements of personal or family history?
Georgia's dead man's statute now applies only to transactions or occurrences that took place before this date.
Alternatively, define the dead man's statute.What is July 1, 1979?
Georgia uses this test, which merges offenses if one offense requires the same or fewer facts.
What is the "required evidence" test?