lesser evidentiary standard (Georgia) · Go Syfert
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lesser evidentiary standard in Georgia

5 Georgia opinions name it 1 courts 1992–1999 0 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 (6)

CaseFollowedCited
Dozier v. Clayton County Hospital Authoritygreen
gactapp · 1992 · cited in 3 Georgia opinions naming this issue, 1996–1999
2 sentences

1999Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“An expert affidavit, . . . has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony ... in the disposition of a motion for summary judgment.”).

1999Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“An expert affidavit, . . . has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony ... in the disposition of a motion for summary judgment.”).

33
Humphrey v. Alvaradogreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999In a medical malpractice action, an “ ‘expert must base his opinion on medical records which are sworn or certified copies, or upon his own personal knowledge.’ ” Humphrey v. Alvarado, 185 Ga. App. 486, 487 ( 364 SE2d 618 ) (1988).

1999In a medical malpractice action, an “ ‘expert must base his opinion on medical records which are sworn or certified copies, or upon his own personal knowledge.’ ” Humphrey v. Alvarado, 185 Ga. App. 486, 487 ( 364 SE2d 618 ) (1988).

11
Deal v. Handsongreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“[a]n expert affidavit, submitted by plaintiffs, has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony to create genuine issues of material fact in the disposition of a motion for summary judgment”) (citation omitted). 17 Bowen, 203 Ga. App. at 123-124 . 18 HCA Health Svcs. of Ga. v. Hampshire, 206 Ga. App. 108, 110 (2) ( 424 SE2d 293 ) (1992). 19 Deal v. Handson, 210 Ga. App. 499, 500 (1) ( 436 SE2d 519 ) (1993), rav’d on other grounds, Hand

1998Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“[a]n expert affidavit, submitted by plaintiffs, has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony to create genuine issues of material fact in the disposition of a motion for summary judgment”) (citation omitted). 17 Bowen, 203 Ga. App. at 123-124 . 18 HCA Health Svcs. of Ga. v. Hampshire, 206 Ga. App. 108, 110 (2) ( 424 SE2d 293 ) (1992). 19 Deal v. Handson, 210 Ga. App. 499, 500 (1) ( 436 SE2d 519 ) (1993), rav’d on other grounds, Hand

11
HCA Health Services of Georgia, Inc. v. Hampshiregreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“[a]n expert affidavit, submitted by plaintiffs, has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony to create genuine issues of material fact in the disposition of a motion for summary judgment”) (citation omitted). 17 Bowen, 203 Ga. App. at 123-124 . 18 HCA Health Svcs. of Ga. v. Hampshire, 206 Ga. App. 108, 110 (2) ( 424 SE2d 293 ) (1992). 19 Deal v. Handson, 210 Ga. App. 499, 500 (1) ( 436 SE2d 519 ) (1993), rav’d on other grounds, Hand

1998Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“[a]n expert affidavit, submitted by plaintiffs, has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony to create genuine issues of material fact in the disposition of a motion for summary judgment”) (citation omitted). 17 Bowen, 203 Ga. App. at 123-124 . 18 HCA Health Svcs. of Ga. v. Hampshire, 206 Ga. App. 108, 110 (2) ( 424 SE2d 293 ) (1992). 19 Deal v. Handson, 210 Ga. App. 499, 500 (1) ( 436 SE2d 519 ) (1993), rav’d on other grounds, Hand

11
0-1 Doctors Memorial Holding Co. v. Mooregreen
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992Holding Co. v. Moore, 190 Ga. App. 286, 287-288 (1) ( 378 SE2d 708 ) (1989), it became subject to the stringent evidentiary standards required of expert affidavits made in response to motions for summary judgment when appellee also relied upon it as her expert testimony to create genuine issues of material fact so as to rebut appellants’ affidavits.

1992Holding Co. v. Moore, 190 Ga. App. 286, 287-288 (1) ( 378 SE2d 708 ) (1989), it became subject to the stringent evidentiary standards required of expert affidavits made in response to motions for summary judgment when appellee also relied upon it as her expert testimony to create genuine issues of material fact so as to rebut appellants’ affidavits.

11
Sanders v. Ramogreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992Sanders v. Ramo, 203 Ga. App. 43, 44 (1) ( 416 SE2d 333 ).

1992Sanders v. Ramo, 203 Ga. App. 43, 44 (1) ( 416 SE2d 333 ).

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 (2)

CaseCitedYears
Handson v. HCA Health Services of Georgia, Inc. green
ga · 1994
2 sentences

1998Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“[a]n expert affidavit, submitted by plaintiffs, has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony to create genuine issues of material fact in the disposition of a motion for summary judgment”) (citation omitted). 17 Bowen, 203 Ga. App. at 123-124 . 18 HCA Health Svcs. of Ga. v. Hampshire, 206 Ga. App. 108, 110 (2) ( 424 SE2d 293 ) (1992). 19 Deal v. Handson, 210 Ga. App. 499, 500 (1) ( 436 SE2d 519 ) (1993), rav’d on other grounds, Hand

1998Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“[a]n expert affidavit, submitted by plaintiffs, has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony to create genuine issues of material fact in the disposition of a motion for summary judgment”) (citation omitted). 17 Bowen, 203 Ga. App. at 123-124 . 18 HCA Health Svcs. of Ga. v. Hampshire, 206 Ga. App. 108, 110 (2) ( 424 SE2d 293 ) (1992). 19 Deal v. Handson, 210 Ga. App. 499, 500 (1) ( 436 SE2d 519 ) (1993), rav’d on other grounds, Hand

11998–1998
Bowen v. Adams green
gactapp · 1992
1 sentence

1998Auth., 206 Ga. App. 62, 66 (4) ( 424 SE2d 632 ) (1992) (“[a]n expert affidavit, submitted by plaintiffs, has ‘a lesser evidentiary standard to meet when used to fulfill the requirement of OCGA § 9-11-9.1 (a),’ than when also relied upon as expert testimony to create genuine issues of material fact in the disposition of a motion for summary judgment”) (citation omitted). 17 Bowen, 203 Ga. App. at 123-124 . 18 HCA Health Svcs. of Ga. v. Hampshire, 206 Ga. App. 108, 110 (2) ( 424 SE2d 293 ) (1992). 19 Deal v. Handson, 210 Ga. App. 499, 500 (1) ( 436 SE2d 519 ) (1993), rav’d on other grounds, Hand

11998–1998

Statutes the citing opinions construe

GA § 9-11-9.1 (5) GA § 9-11-56 (4)

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.

Where else courts name it

GA 5 (1992–1999) AL 4 (2001–2006) NY 3 (1996–2013) MI 3 (1985–2018) MT 2 (2002–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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