Federal vs. State Court in Georgia

February 2015Article

Handling cases in both federal and state court in Georgia is fertile ground for making procedural mistakes, as there are significant differences in how a case must be handled by an attorney in state and federal court. Often the federal rules contain additional or more restrictive requirements on pleading and filing motions, but that is not always the case. In addition, the variability of civil practice from one state court to the next can make things very confusing for an attorney who practices in many different state and superior courts in Georgia. While there are enough differences between the two court systems to fill an entire book, this paper will discuss some of the more significant distinctions as well as some that practitioners are more likely to encounter in day-to-day litigation practice.