Corporations - Attorneys. Corporations may not be represented in a court of record by anyone who is not an attorney licensed to practice in Georgia. Eckles d/b/a Atlanta Technology Group v. Atlanta Technology Group, Inc., 267 Ga. 801 (1997); R.R.R. Limited Partnership v. Recreational Services, Inc., 267 Ga. 757 (1997).
Service of Process - Timeliness. A party attempting to make service may not rely upon stale information such as information contained in the motor vehicle accident report. Walker v. Bord, 225 Ga. App. 242 (1997).
Discovery Sanctions. For a lengthy discussion of factors to be considered in determining whether default or dismissal should be granted for discovery abuse, see General Motors Corp. v. Conkle, 226 Ga. App. 34 (1997).
Notice of Trial. Two hour's notice of trial is adequate, even if it consists of an after hours call to be present for trial at 9:00 the following morning. National American Ins. Co., Inc. v. Thornton, 225 Ga. App. 883 (1997).
Batson. There are some interesting discussions of Batson violations in Malone v. State, 225 Ga. App. 315 (1997), and Gardner v. State, 225 Ga. App. 427 (1997). A three-tiered system now exists in which (a) the party opposing the strikes makes a prima facie case of discrimination; if so, (b) the striking party offers a facially non-discriminatory reason for the strike; if so, however implausible the reason may be, (c) the party opposing the strikes must prove that the non-discriminatory reason is a pretext for discrimination. If a non-discriminatory reason is given in the second tier, the trial court may not then determine that the reason is a pretext, but must proceed to the third tier. O'Neal v. State, 226 Ga. App. 224 (1997); Leeks v. State, 226 Ga. App. 227 (1997); Gilbert v. State, 226 Ga. App. 230 (1997).
Bias - Cross-examination. For an interesting discussion of the limits and factual predicates for cross-examination on racial bias, see the differing opinions in Farley v. State, 225 Ga. App. 687 (1997).
Opinion - Personal Injury. In Johnson v. Knebel, 267 Ga. 853 (1997), the Supreme Court provided a new overview of the grounds for lay and expert opinion testimony and held particularly that an expert could not testify as to which of two successive collisions caused the plaintiff's injuries simply by virtue of expertise in accident reconstruction. Such an expert would need to have some knowledge of human physiology and anatomic structure, including biomechanics and osteology.
Mortality Tables. The trial court, in exercise of its discretion, may refuse to admit mortality tables. Wells v. Roberts, 225 Ga. App. 112 (1997).
Scientific Evidence. The Supreme Court held that expert opinion based on an analysis of data beyond mere observation constituted scientific test evidence requiring a showing of scientific verifiability, and held that evidence of a dog's alert to the presence of a chemical is "scientific test evidence" under this standard. Carr v. State, 267 Ga. 701 (1997).
Evidence - Medical Reports. By complying with the terms of a new statute, a party may introduce medical reports into evidence even though they contain diagnostic or other opinions of experts who are not present to testify. OCGA § 24-3-18 (1997 Supp.).
Appealability - Collateral Orders. The Court of Appeals restricted the use of the "collateral order" doctrine as a means to obtain review of rulings on discovery disputes, noting that a party may secure review by defying the ruling and appealing a citation for contempt. Johnson & Johnson v. Kaufman, 226 Ga. App. 77 (1997).
Med Pay Coverage - Right of Reimbursement. An insurer providing first party benefits may not enforce a right of reimbursement in its policy in case the insured receives compensation from a third party unless the insured has been fully compensated for all losses. Duncan v. Integon General Ins. Corp., 267 Ga. 646 (1997) (leaving open a possible exception if the policy explicitly provides that the right of reimbursement would apply even though the insured has not been fully compensated). OCGA § 33-24-56.1 (1997 supp.) provides the same rule effective July 1, 1997, and supplies procedural requirements for the assertion and enforcement of any remaining right of reimbursement.
Attorney's Fees. Contrary to suggestions in recent cases, a party seeking attorney's fees does not necessarily need to produce the testimony of each lawyer and paralegal who did the work; one lawyer supervising all the work may testify and time records for the lawyers and paralegals may be introduced as business records. Santora v. American Combustion, Inc., 225 Ga. App. 771 (1997).
Divorce - Quasi In Rem Jurisdiction. A Georgia court need not have jurisdiction over the person of a nonresident in order to render a decree of divorce or to dispose of the nonresident's property that is located in Georgia. Abernathy v. Abernathy, 267 Ga. 815 (1997).
Criminal - Confrontation. Distinguishing a case noted here earlier, OCGA § 40-6-392(f) does not deprive a defendant of the right to confront adverse witnesses by providing for the admissibility of certificates that a breath-testing instrument "has been thoroughly inspected, tested, and standardized" and is "in good working order." Brown v. State, 268 Ga. 76 (1997).