without oral hearing (Georgia) · Go Syfert
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without oral hearing in Georgia

12 Georgia opinions name it 1 courts 1991–2021 1 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Odom v. Hughesgreen
ga · 2013 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Odom v. Hughes, 293 Ga. 447, 450 (1) ( 748 SE2d 839 ) (2013); USCR 6.3.

2014See Odom v. Hughes, 293 Ga. 447, 450 (1) ( 748 SE2d 839 ) (2013); USCR 6.3.

22
Triola v. Triolagreen
ga · 2013 · cited in 2 Georgia opinions naming this issue, 2013–2017
2 sentences

2017Ray, P J., and Self, J., concur. 1 Brown v. Brown, 294 Ga. 475, 476 ( 754 SE2d 362 ) (2014); Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 592 (2) ( 690 SE2d 397 ) (2010) (noting that “a motion for new trial ‘shall be decided’ after an ‘oral hearing’ ”); see also Uniform Superior Court Rule 6.3 (“Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”). 2 Triola v. Triola, 292 Ga. 808, 808 ( 741 SE2d 650 ) (2013) (punc

2017Ray, P J., and Self, J., concur. 1 Brown v. Brown, 294 Ga. 475, 476 ( 754 SE2d 362 ) (2014); Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 592 (2) ( 690 SE2d 397 ) (2010) (noting that “a motion for new trial ‘shall be decided’ after an ‘oral hearing’ ”); see also Uniform Superior Court Rule 6.3 (“Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”). 2 Triola v. Triola, 292 Ga. 808, 808 ( 741 SE2d 650 ) (2013) (punc

12
Latimore v. City of Atlantagreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See generally Latimore v. City of Atlanta, 289 Ga. App. 85, 87 ( 656 SE2d 222 ) (2008) (holding that assertions of fact in the briefs of parties do not, standing alone, constitute competent evidence). 3 years is presumptively unreasonable and inexcusable” and that the Estate “did not submit evidence to rebut this presumption[;]” the trial court also attributed the delay to the Estate because “the law places the burden of filing the transcript upon the appellant and there is no evidence that [the Estate] made any attempts to file the transcript as provided by law[.]” This appeal followed.5 In t

2021See generally Latimore v. City of Atlanta, 289 Ga. App. 85, 87 ( 656 SE2d 222 ) (2008) (holding that assertions of fact in the briefs of parties do not, standing alone, constitute competent evidence). 3 years is presumptively unreasonable and inexcusable” and that the Estate “did not submit evidence to rebut this presumption[;]” the trial court also attributed the delay to the Estate because “the law places the burden of filing the transcript upon the appellant and there is no evidence that [the Estate] made any attempts to file the transcript as provided by law[.]” This appeal followed.5 In t

11
Kelley v. FIRST FRANKLIN FINANCIAL CORPORATIONgreen
ga · 1987 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020Corp., 256 Ga. 622, 624 ( 351 SE2d 443 ) (1987) (“All a party need do is make a written request for oral argument [on a motion for summary judgment] and it shall be held.

2020Corp., 256 Ga. 622, 624 ( 351 SE2d 443 ) (1987) (“All a party need do is make a written request for oral argument [on a motion for summary judgment] and it shall be held.

11
In re Briley-Holmesgreen
ga · 2018 · cited in 1 Georgia opinions naming this issue, 2019–2019
1 sentence

2019See In re Briley-Holmes , 304 Ga. 199 , 208-209, 815 S.E.2d 59 (2018). 2 See Uniform Superior Court Rule 6.3 ("Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict"); Worley v. Winter Const. Co ., 304 Ga. App. 206 , 208 (2), 695 S.E.2d 651 (2010) ("Under USCR 6.3, a motion to dismiss can be decided without oral hearing"). 3 The fact that the letter was eventually returned as "unclaimed" does not contradict th

11
in the Matter of Shannon Briley-Holmesgreen
ga · 2018 · cited in 1 Georgia opinions naming this issue, 2019–2019
1 sentence

2019See In re Briley-Holmes , 304 Ga. 199 , 208-209, 815 S.E.2d 59 (2018). 2 See Uniform Superior Court Rule 6.3 ("Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict"); Worley v. Winter Const. Co ., 304 Ga. App. 206 , 208 (2), 695 S.E.2d 651 (2010) ("Under USCR 6.3, a motion to dismiss can be decided without oral hearing"). 3 The fact that the letter was eventually returned as "unclaimed" does not contradict th

11
In the Interest of J. B.green
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2019–2019
1 sentence

2019Hunter argues that the trial court erred in denying his motion for relief from the final judgment because (1) the trial court did not hold a hearing on the motion, which Hunter claims was effectively a motion for trial; and (2) ex parte communications and corresponding violations of the Code of Judicial Conduct Rules 2.9 (A), (C), and (D) and Uniform Superior Court Rule 4.1 have “infected the process in this case.” Both arguments lack merit. (a) With regard to Hunter’s contention that he was not afforded a hearing, USCR 6.3 provides: “Unless otherwise ordered by the court, all motions in civil

11
Worley v. Winter Construction Co.green
gactapp · 2010 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See In re Briley-Holmes , 304 Ga. 199 , 208-209, 815 S.E.2d 59 (2018). 2 See Uniform Superior Court Rule 6.3 ("Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict"); Worley v. Winter Const. Co ., 304 Ga. App. 206 , 208 (2), 695 S.E.2d 651 (2010) ("Under USCR 6.3, a motion to dismiss can be decided without oral hearing"). 3 The fact that the letter was eventually returned as "unclaimed" does not contradict th

2019See In re Briley-Holmes , 304 Ga. 199 , 208-209, 815 S.E.2d 59 (2018). 2 See Uniform Superior Court Rule 6.3 ("Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict"); Worley v. Winter Const. Co ., 304 Ga. App. 206 , 208 (2), 695 S.E.2d 651 (2010) ("Under USCR 6.3, a motion to dismiss can be decided without oral hearing"). 3 The fact that the letter was eventually returned as "unclaimed" does not contradict th

11
In Re Jbgreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2019–2019
1 sentence

2019Hunter argues that the trial court erred in denying his motion for relief from the final judgment because (1) the trial court did not hold a hearing on the motion, which Hunter claims was effectively a motion for trial; and (2) ex parte communications and corresponding violations of the Code of Judicial Conduct Rules 2.9 (A), (C), and (D) and Uniform Superior Court Rule 4.1 have “infected the process in this case.” Both arguments lack merit. (a) With regard to Hunter’s contention that he was not afforded a hearing, USCR 6.3 provides: “Unless otherwise ordered by the court, all motions in civil

11
Kuriatnyk v. Kuriatnykgreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017Ray, P J., and Self, J., concur. 1 Brown v. Brown, 294 Ga. 475, 476 ( 754 SE2d 362 ) (2014); Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 592 (2) ( 690 SE2d 397 ) (2010) (noting that “a motion for new trial ‘shall be decided’ after an ‘oral hearing’ ”); see also Uniform Superior Court Rule 6.3 (“Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”). 2 Triola v. Triola, 292 Ga. 808, 808 ( 741 SE2d 650 ) (2013) (punc

2017Ray, P J., and Self, J., concur. 1 Brown v. Brown, 294 Ga. 475, 476 ( 754 SE2d 362 ) (2014); Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 592 (2) ( 690 SE2d 397 ) (2010) (noting that “a motion for new trial ‘shall be decided’ after an ‘oral hearing’ ”); see also Uniform Superior Court Rule 6.3 (“Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”). 2 Triola v. Triola, 292 Ga. 808, 808 ( 741 SE2d 650 ) (2013) (punc

11
Brown v. Browngreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017Ray, P J., and Self, J., concur. 1 Brown v. Brown, 294 Ga. 475, 476 ( 754 SE2d 362 ) (2014); Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 592 (2) ( 690 SE2d 397 ) (2010) (noting that “a motion for new trial ‘shall be decided’ after an ‘oral hearing’ ”); see also Uniform Superior Court Rule 6.3 (“Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”). 2 Triola v. Triola, 292 Ga. 808, 808 ( 741 SE2d 650 ) (2013) (punc

2017Ray, P J., and Self, J., concur. 1 Brown v. Brown, 294 Ga. 475, 476 ( 754 SE2d 362 ) (2014); Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 592 (2) ( 690 SE2d 397 ) (2010) (noting that “a motion for new trial ‘shall be decided’ after an ‘oral hearing’ ”); see also Uniform Superior Court Rule 6.3 (“Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”). 2 Triola v. Triola, 292 Ga. 808, 808 ( 741 SE2d 650 ) (2013) (punc

11
Phf II Buckhead LLC v. Dinkugreen
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017Ray, P J., and Self, J., concur. 1 Brown v. Brown, 294 Ga. 475, 476 ( 754 SE2d 362 ) (2014); Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 592 (2) ( 690 SE2d 397 ) (2010) (noting that “a motion for new trial ‘shall be decided’ after an ‘oral hearing’ ”); see also Uniform Superior Court Rule 6.3 (“Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”). 2 Triola v. Triola, 292 Ga. 808, 808 ( 741 SE2d 650 ) (2013) (punc

2017Ray, P J., and Self, J., concur. 1 Brown v. Brown, 294 Ga. 475, 476 ( 754 SE2d 362 ) (2014); Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 592 (2) ( 690 SE2d 397 ) (2010) (noting that “a motion for new trial ‘shall be decided’ after an ‘oral hearing’ ”); see also Uniform Superior Court Rule 6.3 (“Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.”). 2 Triola v. Triola, 292 Ga. 808, 808 ( 741 SE2d 650 ) (2013) (punc

11
Howard v. Burchgreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997USCR 6.3; see also Howard v. Burch, 210 Ga. App. 515 ( 436 SE2d 573 ) (1993).

1997USCR 6.3; see also Howard v. Burch, 210 Ga. App. 515 ( 436 SE2d 573 ) (1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Heston v. Lilly green
gactapp · 2000
2 sentences

2009Although the record does not contain a request for a hearing filed by Garner, this rule “does not require a written request for oral argument on a motion for new trial.” 1 Heston v. Lilly, 242 Ga. App. 902 (1) ( 531 SE2d 784 ) (2000).

2009Although the record does not contain a request for a hearing filed by Garner, this rule “does not require a written request for oral argument on a motion for new trial.” 1 Heston v. Lilly, 242 Ga. App. 902 (1) ( 531 SE2d 784 ) (2000).

12009–2009
Barker v. Elrod green
gactapp · 2008
2 sentences

2009Uniform Superior Court Rule 6.3 provides: “Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.” See Barker v. Elrod, 291 Ga. App. 871 (1) ( 663 SE2d 289 ) (2008).

2009Uniform Superior Court Rule 6.3 provides: “Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.” See Barker v. Elrod, 291 Ga. App. 871 (1) ( 663 SE2d 289 ) (2008).

12009–2009
Carroll v. Finova Capital Corp. green
gactapp · 2004
1 sentence

2005Uniform Superior Court Rule 6.3 provides that unless the trial court orders otherwise, with the exception of motions for new trial and judgment notwithstanding the verdict, all civil motions “shall be decided by the court without oral hearing.” Id.

12005–2005
Dallas Blue Haven Pools, Inc. v. Taslimi green
gactapp · 1986
2 sentences

1991Dallas Blue Haven Pools v. Taslimi, 180 Ga. App. 734 (1) ( 350 SE2d 265 ) (1986), aifd in Dallas Blue Haven Pools v. Taslimi, 256 Ga. 739 ( 354 SE2d 160 ) (1987).

1991Dallas Blue Haven Pools v. Taslimi, 180 Ga. App. 734 (1) ( 350 SE2d 265 ) (1986), aifd in Dallas Blue Haven Pools v. Taslimi, 256 Ga. 739 ( 354 SE2d 160 ) (1987).

11991–1991
Dallas Blue Haven Pools, Inc. v. Taslimi green
ga · 1987
2 sentences

1991Dallas Blue Haven Pools v. Taslimi, 180 Ga. App. 734 (1) ( 350 SE2d 265 ) (1986), aifd in Dallas Blue Haven Pools v. Taslimi, 256 Ga. 739 ( 354 SE2d 160 ) (1987).

1991Dallas Blue Haven Pools v. Taslimi, 180 Ga. App. 734 (1) ( 350 SE2d 265 ) (1986), aifd in Dallas Blue Haven Pools v. Taslimi, 256 Ga. 739 ( 354 SE2d 160 ) (1987).

11991–1991

Statutes the citing opinions construe

GA § 5-6-34 (3) GA § 5-6-48 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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