2022 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 9-11-16. Pretrial Procedure; Formulating Issues; Order; Calendar

1. Upon the motion of any party, or upon its own motion, the court shall direct the attorneys for the parties to appear before it for a conference to consider:
   1. The simplification of the issues;
   2. The necessity or desirability of amendments to the pleadings;
   3. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
   4. The limitation of the number of expert witnesses; and
   5. Such other matters as may aid in the disposition of the action.
2. The court shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues for trial to those not disposed of by admissions or agreements of counsel. The order, when entered, controls the subsequent course of the action unless modified at the trial to prevent manifest injustice.  After entry of the pretrial order, it shall be within the discretion of the court to permit or disallow the presentation of testimony from any expert witness whose name is not contained in the pretrial order; provided, however, that if the additional expert witness is permitted to testify, any opposing party shall be permitted reasonable time to take the deposition of the additional expert witness.  The court, in its discretion, may establish by rule a pretrial calendar on which actions may be placed for consideration as provided in subsection (a) of this Code section and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.

History. Ga. L. 1966, p. 609, § 16; Ga. L. 1967, p. 226, § 10; Ga. L. 1968, p. 1104, § 5; Ga. L. 1993, p. 91, § 9; Ga. L. 2002, p. 1244, § 1.1.

Cross references.

Pre-trial conferences, Uniform Superior Court Rules, Rule 7.

Civil jury trial calendar, Uniform Superior Court Rules, Rule 8.

Pre-trial conferences in probate court proceedings, Uniform Rules for the Probate Courts, Rule 7.

U.S. Code.

For provisions of Federal Rules of Civil Procedure, Rule 16, see 28 U.S.C.

Law reviews.

For article, “Pre-Trial Conference,” see 4 Mercer L. Rev. 302 (1953).

For article, “Synopses of 1968 Amendments to the Appellate Procedure Act and Georgia Civil Practice Act,” see 4 Ga. St. B.J. 503 (1968).

For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981).

For annual survey of trial practice and procedure, see 40 Mercer L. Rev. 423 (1988).

For survey article on evidence law, see 60 Mercer L. Rev. 135 (2008).