Amendments - Timeliness. A party may freely amend the party's pleadings at any time before the filing of a pretrial order or, if there is no pretrial order, before the commencement of trial, but Smith v. Wilfong, 218 Ga. App. 503 (1995), suggests that an amendment adding a separate cause of action that arises out of the same set of facts might not relate back to the time of filing if the court finds that the delay in filing the amendment was due to inexcusable delay.

Depositions - Medical Professionals. A trial court need not allow a deposition of a local medical professional into evidence over objection. The trial court has discretion to refuse the deposition evidence under OCGA § 9-11-32 (a)(4) and may find that OCGA § 9-11-32 (a)(3)(E) (allowing depositions where because of the nature of the occupation of the witness it is not possible to secure personal attendance without manifest inconvenience to the public or third persons) is not applicable. Collins v. Kiah, 218 Ga. App. 484 (1995).

Voluntary Dismissals. A trial court should permit the plaintiff to dismiss a claim despite the presence of a compulsory counterclaim where the counterclaim can remain pending for independent adjudication. Avnet, Inc. v. Wyle Laboratories, Inc., 265 Ga. 716 (1995).

Inconsistent Testimony Rule - Third Party Statements. In Ford v. Dove, 218 Ga. App. 828 (1995), the court applied the inconsistent testimony rule to ignore favorable testimony of an expert and to use the unfavorable portion against the party offering the expert. But see Flanagan v. Riverside Military Academy, 218 Ga. App. 123 (1995); English v. Crenshaw Supply Co., 193 Ga. App. 354 (1989), holding the rule applicable only to the contradictory testimony of the party.

Remittitur. While a trial court may not reduce an award of damages that it finds excessive and overrule a motion for a new trial, the court may condition the granting of a new trial upon the prevailing party's refusal to remit the excessive portion of the damage award, and it may do so without the other party's consent. Lisle v. Willis, 265 Ga. 861 (1995).

Abusive Litigation. Parties may seek litigation expenses under OCGA § 9-15-14 after the underlying litigation is settled, so long as the party has not dismissed its claims with prejudice or otherwise abandoned them. Parties opposing a motion for litigation expenses must reply to the motion within 30 days in accordance with USCR Rule 6.2. Forest Lakes Home Owners Assoc. v. Green Industries, Inc., 218 Ga. App. 890 (1995).

Appeals - Timeliness. OCGA § 5-6-39 authorizes extending the time for filing a notice of appeal, but it does not authorize an extension greater than 30 days. Nor is the time for filing a notice of appeal extended by the filing of any motion to set aside a verdict. MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559 (1995).

Foreign Judgments - Appeals. Under the Uniform Enforcement of Foreign Judgments Act, OCGA § 9-12-132, a party who gets a judgment in another state with the same act may simply file the properly authenticated judgment with the clerk of a Georgia court, which is then accorded the same status as a judgment originating in Georgia. As a result, a motion challenging the judgment is in the nature of a motion to set aside, which is subject to discretionary appeal rather than direct appeal. Okekpe v. Commerce Funding Corp., 218 Ga App 705 (1995).

Divorce - Personal Jurisdiction. Jurisdiction over one spouse in a suit for separate maintenance does not authorize the plaintiff to amend the complaint to seek a divorce; divorce must be sought by a separate complaint and service of that complaint. Southworth v. Southworth, 265 Ga. 671 (1995).

Alimony - Cohabitation. The Supreme Court upheld a divorce agreement incorporated in the final decree, in which the parties agreed that alimony would terminate in the event of cohabitation, against the contention that modification required an action under OCGA § 19-6-19. Quillen v. Quillen, 265 Ga. 779 (1995).

Workers' Compensation - Change of Condition. In order to receive workers' compensation benefits based on a change of condition, the employee must prove that he or she has made an unsuccessful effort to secure suitable employment, but need not show the prospective employers' reasons for declining to hire the claimant. Maloney v. Gordon County Farms, 265 Ga. 825 (1995).

Criminal - Circumstantial Evidence Charge. In its latest pronouncement on the subject of when a trial court must instruct on circumstantial evidence in the absence of a request, the Supreme Court noted different results when the state's case is "composed solely of circumstantial evidence" or "composed of both direct and circumstantial evidence." In the former case, the charge must be given without request; in the latter it need not be given absent request. It found the best understanding of the distinction to be: Direct evidence is consistent with either the proposed conclusion or its opposite, while circumstantial evidence is consistent with both the proposed conclusion and its opposite. Stubbs v. State, 265 Ga. 883 (1995).