Affidavits. To be valid, an affidavit must be executed in the presence of a notary. A notary's oath administered in a telephone conversation is insufficient. Sambor v. Kelley, 271 Ga. 133 (1999).

Contradictory Testimony Rule. The contradictory testimony of a non-party expert witness should be construed against the party offering the witness. Tuten v. Costrini, 238 Ga. App. 350 (1999). But see, e.g., Sawyer v. DeKalb Medical Center, Inc., 234 Ga. App. 54 (1998), holding the opposite.

"Independent" Medical Examinations. That a testifying medical examiner was hired by the defense is relevant at least where there is a suggestion that the plaintiff engaged in "doctor shopping." Disclosure that the examiner was hired by the defense must be made without mentioning insurance or insurance companies. Rubin v. Fields, 237 Ga. App. 207 (1999).

Conferences In Chambers. A court may not enter findings of fact based on disputed matters occurring off-the-record before the Court in chambers in the absence of competent evidence in the record that supports the finding. Russell v. State, 236 Ga. App. 645 (1999).

Argument - Opening and Closing. Reading portions of highlighted incident reports during cross-examination of the officers who wrote them constitutes introduction of evidence and prevents the defense from claiming the right to open and close argument, even if the reports are not formally tendered, where the reading goes beyond "mere cross-examination" and beyond recalling a contradiction to the officer. Aldridge v. State, 237 Ga. App. 209 (1999).

Appeals - Pitfalls. The Court of Appeals continues to hold occasionally that the statutory procedure for sending less than the full record creates "a probably fatal defect" in an appeal because of a presumption that something in the record not sent would justify the ruling below. Regency Executive Plaza Unit Owner's Assoc., Inc. v. Wilmock, Inc., 237 Ga. App. 193 (1999); Roach v. Roach, 237 Ga. App. 264 (1999).

Res Judicata - Pleading Pitfalls. The appellate courts continue to hold that permissive cross-claims must be filed in order to avoid the bar of res judicata, and this holding has now been extended to third party claims. Fedeli v. UAP/Ga. Ag. Chem. Inc., 237 Ga. App. 337 (1999).

Premises - Trees. A landowner may be liable for failure to inspect trees on its property for patent visible decay, even if an inspection requires walking through wooded areas, and the duty to inspect may be triggered by visible decay in trees other than the one that ultimately falls. Wesleyan College v. Weber, 238 Ga. App. 90 (1999).

Malicious Prosecution - Identity Theft. One who swears out a bad check warrant against the check's apparent author may be liable for failure to rule out the possibility that the check was written by one who stole the apparent owner's identity and created the checking account. Nicholl v. Great Atlantic & Pacific Tea Co., 238 Ga. App. 30 (1999).

Georgia Tort Claims Act-Exemptions. The Court of Appeals found that interpretations of exceptions to liability in the Federal Tort Claims Act do not control interpretations of similar exceptions because the federal act excludes "claims arising out of" certain categories, whereas the state act excludes "losses resulting from" those categories. Georgia Military College v. Santamorena, 237 Ga. App. 58 (1999).

Same-Ante-Litem Notice. A suit against a state employee for violation of ordinary traffic laws while performing ministerial duties in the scope of employment is subject to dismissal unless the plaintiff has complied with ante-litem notice requirements of OCGA § 50-21-26 (b). Horton v. Whitaker, 238 Ga. App. 312 (1999) (apparently, even if the plaintiff was unaware that the driver was working for the state until the time of filing suit).

Police Liability - Public Duty Doctrine. Following the Court of Appeals' admittedly confused opinion on a police officer's liability for failure to prevent injury to citizens, the Supreme Court granted certiorari and issued four opinions. Rowe v. Coffey, 270 Ga. 715 (1999). Perhaps the best statement of the current law is contained in the concurring opinion: An officer is not liable for failure to perform a duty owed to the public in general, but may be liable when present and able to prevent injury at the scene of an emergency or when there is a special relationship between the city and the victim.

Insurance - Bad Faith Failure to Settle - Garnishment. A tort plaintiff may not garnish the defendant's potential claim against the defendant's liability insurer for bad faith refusal to settle within the policy limits. Metropolitan Prop. & Cas. Ins. Co. v. Crump, 237 Ga. App. 96 (1999).

Insurance - Limited Release. In order to preserve a potential uninsured motorist claim after settling with the tortfeasor under OCGA § 33-24-41.1, the release must be drafted to show unequivocally that the plaintiff intends to sue the uninsured motorist carrier. Cook v. State Farm Mut. Auto. Ins. Co., 237 Ga. App. 400 (1999).

Insurance - Motor Vehicles - Rentals. Under OCGA § 40-9-102, a rental agency is relieved from the duty to provide liability insurance for its vehicles only where a renter actually has liability insurance; it is not relieved where the renter displays proof of insurance that was not valid. A. Atlanta Autosave, Inc. v. Generali - U.S. Branch, 270 Ga. 757 (1999).

Attorney Lien - Foreclosure. Attorney liens on property under OCGA § 15-19-14(c) must be foreclosed within the period of limitation on the underlying debt. Jones v. Wellon, 237 Ga. App. 62 (1999).

Workers' Compensation Subrogation Lien. A workers' compensation subrogation lien (OCGA § 34-9-11.1) does not apply to the parts of a special verdict that award damages for pain and suffering, and it does not apply to the part of a special verdict awarding damages for lost wages until the employee has been compensated for the difference between actual wages and the benefits provided by workers' compensation. The Court of Appeals also suggested that a workers' compensation lien could not be enforced unless a special verdict form was used. North Bros. Co. v. Thomas, 236 Ga. App. 839 (1999).Nor should the employee's contributory negligence be considered in deciding whether the employee was fully compensated. Homebuilders Assoc. v. Morris, 238 Ga. App. 194 (1999).

Medicaid, Hospital and Attorney Liens. Medicaid and hospital liens (OCGA § 49-4-149 and OCGA § 44-14-470) are to be paid out of proceeds of a lawsuit even if the plaintiff is not completely compensated for all losses. Attorney liens have priority, however, over medicaid and hospital liens. Holland v. State Farm Mut. Auto. Ins. Co., 236 Ga. App. 832 (1999).

Divorce - Fraudulent Conveyances. A divorce plaintiff may join the grantee of an allegedly fraudulent conveyance as a party defendant for purposes of setting aside the conveyance, but may not add tort claims for damages against the grantee in the divorce action. Appeal of an order on the attempt to set aside the conveyance is by discretionary application; appeal of a damage claim for fraudulent conveyance depends on whether the award exceeds the $10,000 limit. Shah v. Shah, 270 Ga. 649 (1999).

Year's Support. The right to an award of year's support (OCGA § 53-5-14) is determined by status and the amount of award is determined by dependency, including other sources of income. The award is not controlled by the surviving spouse's standard of living for the single year preceding the decedent's death, particularly where the standard of living has declined because of expenses connected with the decedent's final illness. Driskell v. Crisler, 237 Ga. App. 408 (1999).