State of GA.
GA law says that rulings on motions will be without oral hearing unless requested otherwise by either party. In my civil action for parental interference, defendant filed a motion to dismiss, and I promptly filed a response. My response was filed 3 1/2 months ago and we have heard nothing from the court. I requested that a jury trial be granted. I did NOT file for a rule nisi.
1 - I know the wheels of justice move slowly, but does this seem unusually long? And if so, is there anything I can do to get things moving?
2 - Defendant's motion was VERY weak. Of course, I expected the motion, but her attorney did not raise the strongest arguments I had anticipated. In fact, the only caselaw she provided was both misquoted AND misinterpreted. Can the judge dismiss the complaint on any basis not specifically raised in defendant's pleading (other than obvious problems such as jurisdictional issues, of which there are none)? I know the "text book" answer, but what happens in the "real world"?
Thank you
GA law says that rulings on motions will be without oral hearing unless requested otherwise by either party. In my civil action for parental interference, defendant filed a motion to dismiss, and I promptly filed a response. My response was filed 3 1/2 months ago and we have heard nothing from the court. I requested that a jury trial be granted. I did NOT file for a rule nisi.
1 - I know the wheels of justice move slowly, but does this seem unusually long? And if so, is there anything I can do to get things moving?
2 - Defendant's motion was VERY weak. Of course, I expected the motion, but her attorney did not raise the strongest arguments I had anticipated. In fact, the only caselaw she provided was both misquoted AND misinterpreted. Can the judge dismiss the complaint on any basis not specifically raised in defendant's pleading (other than obvious problems such as jurisdictional issues, of which there are none)? I know the "text book" answer, but what happens in the "real world"?
Thank you