William M. Windsor, candidate for U.S. House of Representatives, has introduced state legislation designed to reform the legal and judicial process. These are changes that Windsor says are desperately needed.
The legal systems and judicial systems in Georgia and every state in America must be reformed. Dishonesty and corruption have stolen the rights of every American.
This is Part 4 of a series of articles that will address the proposed legislation for Georgia. This proposed legislation makes simple changes to the statutes on Summary Judgments.
Judges use a variety of techniques to break the law, and dishonest attorneys abuse the summary judgment process to deprive parties of their day in court. These simple changes severly limit the use of summary judgments.
The changes to the existing Georgia Code statute are changes to section 9-11-56:
TITLE 9. CIVIL PRACTICE
CHAPTER 11 – CIVIL PRACTICE ACT
ARTICLE 7. JUDGMENT
Â§ 9-11-56. Summary judgment
(a) For claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof, unless either party has timely requested a jury trial.
(b) For defending party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof, unless either party has timely requested a jury trial.
Notes: Every party has a right to a jury trial; this is a fundamental Constitutional and statutory guarantee. But judges routinely deny parties that right through the misuse of summary judgments. These simple changes to the Georgia Code remove the ability for a judge to declare a summary judgment when a jury trial is requested.
* Changes to existing sttautes are shown in yellow.
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