Georgia Senate Bill 68, signed into law by Governor Brian Kemp on April 21, 2025, introduces significant changes to the state’s civil litigation landscape. Most notable is the implementation of a mandatory 90-day stay of discovery after a litigant files a motion to dismiss. This provision takes effect on July 1, 2025, and allows defendants to challenge the validity of a case without the immediate burden of discovery, potentially saving time and resources if the motion is successful.
The bill also imposes limitations on arguments for noneconomic damages in bodily injury and wrongful death cases. At trial, counsel is precluded from discussing the monetary value of noneconomic damages with the jury until after the close of evidence and may only do so if the arguments are rationally related to the evidence presented. This change is intended to ensure that juries are not unduly influenced by speculative or emotional appeals regarding damages that are inherently difficult to quantify.
SB68 introduces the option for bifurcated trials, allowing any party to request that a trial be conducted in two phases. The first phase focuses solely on determining liability, while the second phase addresses the issue of damages. This bifurcation can lead to more efficient trials by potentially resolving cases at the liability stage without the need for extensive damages litigation.
Opposition and Broader Context
SB68 has garnered support from business groups and insurers who argue that the reforms will curb frivolous lawsuits and promote judicial efficiency. However, some plaintiffs’ attorneys and consumer advocates have voiced concerns, arguing that the changes may make it more difficult for injured parties to pursue legitimate claims and for juries to fully appreciate the extent of noneconomic harm.
Georgia is not alone in pursuing such litigation reforms. Several other states, such as Wisconsin and Florida, have implemented similar measures—such as discovery stays pending dispositive motions and restrictions on noneconomic damages arguments. In those states, proponents claim that the reforms have reduced litigation costs and improved court efficiency, though critics argue they may also limit access to justice for some plaintiffs.
What This Means Going Forward
The 90-day stay of discovery provides a critical window to assess the merits of a case and file a motion to dismiss without the immediate pressure of engaging in costly and time-consuming discovery processes. This increases the efficiency of litigation by potentially resolving cases at an early stage and conserving judicial resources.
Limitations on noneconomic damages arguments are intended to level the playing field for defendants by ensuring that juries base their decisions on concrete evidence rather than emotional appeals. By restricting when and how these arguments can be made, the law aims to promote fairer outcomes that reflect the actual evidence presented in court.
The option for bifurcated trials further enhances the efficiency of the litigation process. By separating the determination of liability from the assessment of damages, parties can focus their efforts on resolving the core issues of a case before delving into potentially complex and contentious damages discussions.
SB68 represents a significant shift toward more efficient and equitable litigation practices. While the changes may pose new challenges for plaintiffs, they are designed to ensure that cases proceed based on evidence rather than emotion and that defendants are not unduly burdened by meritless claims. As Georgia joins other states in adopting these reforms, the long-term impact on the state’s civil justice system will be closely watched by stakeholders on both sides of the courtroom.
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