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When to file "Motion for Reconsideration" in the State of Georgia?

Atlanta, GA |

Judge ruled and handed a dismissal mid of Dec 2012. However, Judge has not signed yet due to the defendant's lawyer hasn't not filed the paperwork yet. I checked daily the superior court clerk to verify and confirm if the information is already entered in the system. Clerk's office confirmed each time I call that it's not in the system yet. -- So my question is: When do I file "Motion for Reconsideration" ? After the judge signed the paperwork or when he ruled the dismissed during the hearing?

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Attorney answers 2

Posted

Sounds like you filed a lawsuit and the judge threw it out?

You should probably be asking yourself if your case has any merit, or if you stand a chance up against an attorney in court without an attorney of your own.

That being said, it really depends on the type of case and what the local rules are, and you're not going to get those type of answers here, as this forum is not intended to be a substitute for engaging legal counsel. What I can say is that depending on the case and your next best action, your "Motion" may need to be a "Motion to Reopen", "Motion to Reconsider", Motion to Set Aside Dismissal", "Motion For Appeal", or it may need to be something else, and timing of that Motion should usually come after the Order is posted to the docket.

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Asker

Posted

It was not a lawsuit. It was a divorce jurisdiction hearing. Defendant file a motion to dismiss. Judge granted and ruled the dismissal. This case involves two states. Georgia and Hawaii. I live in Georgia and my husband lives in Hawaii. I just need to find out when to file a "motion for reconsideration" -- Judge has not signed the papers yet to be filed in the system. Defendant's lawyer hasn't submitted the paperwork. Timing is what I need to know since I'm not familiar with Georgia deadlines etc.

Ashley Anne Digiulio

Ashley Anne Digiulio

Posted

Again, I am guessing that you filed for divorce, and his attorney filed a Motion to Dismiss pursuant to pendency of proceeding in another state (O.C.G.A. §19-9-66(a)) with arguments for a more appropriate forum (HI) for the determination of the matter. If you were served with the hearing notice, and/or, you appeared at the hearing and were heard by the Judge, then you need to wait until the dismissal hits the docket as your Motion is basically an objection to the dismissal. If you were not served with the hearing notice, AND you were not afforded the opportunity to be heard by the judge, and your Motion includes those arguments, then you can file it at any time, as that is basically an objection to the service or procedure during the hearing, and not an objection to the actual dismissal. In the latter circumstance, the question as to why you knew about the dismissal and not the hearing will need to be answered.

Posted

You should engage counsel with this one as motions for reconsideration and appeals stemming from a dismissal are two completely different matters and which may operate on different time lines with different deadlines.

This answer is for general purposes only and does not create an attorney/client or confidential relationship which can only be created by a written and signed retainer agreement.

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