GeorgiaSB 682025-2026 Regular SessionSenateWALLET

Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide

Sponsored By: John Albers (Republican), Jason Anavitarte (Republican), Lee Anderson (Republican), Jason T. Dickerson (Republican), Matt Brass (Republican), Max Burns (Republican), Bill Cowsert (Republican), Clint Dixon (Republican), Greg Dolezal (Republican), Drew Echols (Republican), Frank Ginn (Republican), Steve Gooch (Republican), Russ Goodman (Republican), Marty Harbin (Republican), Mike Hodges (Republican), Steven McNeel (Republican), Kay Kirkpatrick (Republican), Chuck Payne (Republican), Randy Robertson (Republican), Ed Setzler (Republican), Shawn Still (Republican), Larry Walker (Republican), Ben Watson (Republican), Sam Watson (Republican), Rick Williams (Republican)

Signed by Governor

RulesJudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 4 costs, 1 mixed.

Stricter rules for negligent security claims

The law creates one exclusive path to sue owners or occupiers for negligent security. Invitees must prove the crime was foreseeable (a particularized warning or prior similar crimes), a known risky condition existed, the owner failed to use ordinary care to fix it, and that failure caused the injury. Licensees face a higher bar, including a particularized warning and a willful or wanton failure to act. Some claims are barred, such as injuries to trespassers, incidents off the property, single‑family homes, or when the owner reasonably called 9‑1‑1. Juries must apportion fault with limits on certain arguments, a court can order a new trial if jurors assign too little fault to the criminals, security contractors cannot be liable beyond the owner, and courts weigh practical security while not requiring owners to act like police. These rules apply to claims that arise after the law’s effective date.

Tighter rules on medical damage awards

The law limits medical and healthcare special damages to the reasonable value of medically necessary care, decided by the judge or jury. If you have health insurance or workers’ compensation, evidence must include both billed amounts and the amounts needed to satisfy those bills under your plan, even if the plan is not used. Courts allow discovery of letters of protection, itemized coded charges, any sale of receivables (who bought them and for how much), and any referral under a letter of protection. The act abrogates the collateral source rule as needed to admit this evidence, and either side may challenge reasonableness and medical necessity. These rules apply to claims that arise after the law’s effective date.

Phased trials and tighter damages arguments

Any party can demand a phased trial: fault first, then compensatory damages, with later steps for punitive damages and fees. A court may force a single joint trial only if the case involves an alleged sexual offense with likely serious distress from testifying twice, or if the amount in controversy is under $150,000. In injury or wrongful‑death trials, lawyers cannot give jurors dollar amounts for noneconomic damages before evidence ends; any later number must fit the evidence, lawyers cannot shift numbers between openings and closings, and voir dire on damages is limited. These rules apply now; the damages‑argument limits also apply to pending cases unless that would be unconstitutional.

Seat belt nonuse won't raise premiums

Not wearing a seat belt is not evidence of negligence or causation and is not considered on liability. Insurers cannot cancel coverage or raise rates based only on seat‑belt nonuse. Judges still decide admissibility under general evidence rules.

Tighter rules for attorney fee awards

No party can recover the same attorney fees, court costs, or litigation expenses more than once under different fee‑shifting laws unless duplication is expressly allowed. In statutory fee claims, a contingency‑fee contract is not proof of what is a reasonable fee. Contract rights to fees, costs, or expenses remain in force.

New timelines and discovery pauses in lawsuits

Defendants must answer within 30 days of service; after certain motions, the answer is due within 15 days of the court’s action or the more‑definite statement. Filing a motion to dismiss before answering pauses discovery for 90 days or until the court rules; limited discovery is allowed for jurisdiction, joinder, and specific defenses. All discovery deadlines extend by the length of the stay, and the court may end the stay for good cause if it has not ruled within 90 days after briefing. You do not have to answer cross‑claims or counterclaims unless the court orders it, and a vague pleading can be struck if a court‑ordered more definite statement is not served in 15 days. A plaintiff may dismiss without prejudice before the first witness or within 60 days after an answer, unless a prior dismissal decided the claim.

Sponsors & Cosponsors

Cosponsors

James Burchett
Republican • House

Roll Call Votes

All Roll Calls

Yes: 316 • No: 299

Senate vote • 3/21/2025

AGREE TO HOUSE SUBSTITUTE

Yes: 34 • No: 21

Senate vote • 3/21/2025

AGREE TO HOUSE SUBSTITUTE AS AMENDED

Yes: 22 • No: 32

House vote • 3/20/2025

Immediately Transmit

Yes: 94 • No: 77

House vote • 3/20/2025

PASSAGE

Yes: 91 • No: 82

Senate vote • 2/21/2025

ADOPTION OF AMEND #2A BY SEN FROM THE 7TH TO AMEND #2 BY SEN FROM THE 7TH

Yes: 21 • No: 33

Senate vote • 2/21/2025

PASSAGE BY SUBSTITUTE

Yes: 33 • No: 21

Senate vote • 2/21/2025

ADOPTION OF AMENDMENT #2 BY THE SENATOR FROM THE 7TH

Yes: 21 • No: 33

Actions Timeline

Senate Date Signed by Governor
4/21/2025Senate
Act 9
4/21/2025
Effective Date
4/21/2025
Senate Sent to Governor
4/7/2025Senate
Senate Agreed House Amend or Sub
3/21/2025Senate
House Third Readers
3/20/2025House
House Passed/Adopted By Substitute
3/20/2025House
House Immediately Transmitted to Senate
3/20/2025House
House Committee Favorably Reported By Substitute
3/18/2025House
House Second Readers
2/26/2025House
House First Readers
2/24/2025House
Senate Third Read
2/21/2025Senate
Senate Passed/Adopted By Substitute
2/21/2025Senate
Senate Read Second Time
2/12/2025Senate
Senate Committee Favorably Reported By Substitute
2/11/2025Senate
Senate Read and Referred
2/3/2025Senate
Senate Hopper
1/30/2025Senate

Bill Text

SB 68/AP* (v15)
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Back to State Legislation

Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide

Your PRIA Score

How does this bill affect your finances?

Bill Overview

Analyzed Economic Effects

High Impact

Stricter rules for negligent security claims

Tighter rules on medical damage awards

Medium Impact

Phased trials and tighter damages arguments

Low Impact

Seat belt nonuse won't raise premiums

Tighter rules for attorney fee awards

New timelines and discovery pauses in lawsuits

Sponsors & Cosponsors

Sponsors

Cosponsors

Roll Call Votes

Actions Timeline

Bill Text

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