9-11-12(g).Īny of the seven defenses listed in Official Code of Georgia Annotated 9-11-12(b) must be presented in the party’s initial motion to dismiss. 9-11-56.Ī party may present any of the seven defenses listed in Official Code of Georgia Annotated 9-11-12(b) in the same motion as one or more other defenses or objections. In such an instance, all parties must be given a reasonable opportunity to present all evidence that would be allowed on a motion for summary judgment. If the court considers matters outside of the pleadings in ruling on a motion to dismiss for failure to state a claim on which relief can be granted, the court must treat the motion as a motion for summary judgment. Georgia case law holds that if a complaint fails to plead with particularity a matter that is required to be pled with particularity, the proper remedy is a motion for a more definite statement and not a motion to dismiss. In any action alleging medical malpractice, the complaint is subject to dismissal if the plaintiff fails to submit a medical authorization form along with the complaint. In any action alleging professional malpractice, the complaint is subject to dismissal for failure to state a claim if the plaintiff fails to submit with the complaint an expert affidavit setting forth at least one negligent act or omission and the factual basis therefor. 9-11-19).Īny other defense in law or fact to any pleading must be asserted in the initial responsive pleading, if one is required. Failure to join an indispensable party ( see O.C.G.A. Failure to state a claim on which relief can be granted and.For more detailed information, please see the SmartRules Motion to Dismiss Guide for the court where your action is pending.Ī party may assert any or all of the following claims in a motion to dismiss: Use this At A Glance Guide to learn the Georgia Code related to bringing a motion to dismiss in Georgia Superior Court.
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