Georgia Senate Bill SB173

Georgia 2025-2026 Regular Session

• Introduced: 2/13/25
• Refer: 2/18/25
• Report Pass: 2/26/25
• Engrossed: 3/6/25
• Report Pass: 3/27/25

Caption

Pleadings and Motions; movants to file notices of uncontested motions in superior courts and state courts; authorize

Summary

SB 173 amends Georgia’s civil procedure rules for pleadings and motions in superior and state courts. The bill creates a process for a party to file a “notice of uncontested motion” when a properly served pretrial motion has had no objection filed within 60 days and the judge has not ruled. If the judge still does not act within seven days after the notice is filed, the motion is deemed granted and entered, subject to tolling while a hearing is scheduled and until the day after the hearing occurs. The bill also adds a judicial management oversight mechanism. If a judge has two or more motions deemed granted and entered under this process within two years, the chief judge may review that judge’s docket-management practices and issue a report. The bill further requires parties filing motions or notices to provide a copy to the assigned judge or the judge’s designee, and it directs each judge to establish instructions for how those copies should be delivered.

Impact

SB 173 would change how uncontested pretrial motions are handled in Georgia superior and state courts by creating a default-grant procedure when judges do not rule within specified time limits. It would affect litigants, attorneys, and judges by imposing a new filing and notice requirement, potentially speeding resolution of uncontested matters while also increasing administrative accountability for judicial docket management. The bill amends Title 9, Chapter 11, Article 3 of the Official Code of Georgia Annotated and repeals conflicting laws.

Sentiment

The available voting history suggests broad support for the bill. It passed the Senate 49-5, the House 168-0, and later the Senate 38-8 on agreement to the House substitute as amended. No committee transcript was provided, but the strong margins indicate general agreement with the goal of improving efficiency and reducing delay in uncontested motion practice.

Contention

The main point of potential contention is the automatic-deeming provision, which allows a motion to be granted without an express judicial ruling if deadlines are missed. Supporters likely view this as a way to prevent backlog and encourage timely action, while critics may be concerned about due process, judicial discretion, and the risk of motions being granted by default rather than on the merits. The oversight provision allowing chief-judge review of judges with repeated deemed-granted motions may also raise concerns about judicial independence or administrative burden.