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When filing a petition for rehearing in a civil case in the…

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When filing a petition for...
When filing a petition for rehearing in a civil case in the state of Georgia, how does the process works if you are self-filing prose? I found out that you have 21 day from the date of the order, but once you file the petition how long do you have to actually submit the actual petition or filing?
Submitted: 2 months ago.Category: Legal
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Answered in 7 hours by:
6/1/2018
Lawyer: Robert L,
 replied 2 months ago
Robert L
Category: Legal
Satisfied Customers: 322
Experience: Associate Attorney at Henrickson & Serrebutra, LLC
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Lawyer: Robert L,
 replied 2 months ago

What follows is my answer to your question:

There is no such thing as a "Petition for Rehearing" in the state of Georgia. If you are seeking to challenge a final judgment in a civil action you will need to do one of the following which must be filed within 30 days of the final judgment:

1) A Motion for New Trial - A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings.

2) A Motion to Set Aside - A motion to set aside may be brought to set aside a judgment based upon:

(a) Lack of jurisdiction over the person or the subject matter;

(b) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant (that's you); or

(c) A non-amendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.

If you are seeking to challenge a ruling on a motion before the court (i.e., a Motion to Deny Expert Witness, etc.) you would file a Motion for Reconsideration which is also due within 30 days from the date of the adverse order (due by convention as most judges won't give it real consideration after 30 days, but they could).

If you are going to represent yourself pro se, I would strongly recommend that you go to the courthouse law library and ask to read Georgia Practice and Procedure by Davis and Shulman. You will want to read Chapter 24 which covers Motions for New Trial and other methods of attacking a final judgment. The book is a great resource for lawyers and pro se litigants as it explains Georgia law in a very condensed manner and tries to cut out unnecessary legal jargon.

I hope that my explanation above has fully answered/resolved your question. If it has, please rate my service with 5 stars as I always try to provide 5 star service. If you still have questions about your issue or if my answer is in anyway unclear, please do not hesitate to ask for clarification. I will do my best to clear up any confusion or misunderstanding.

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