GeorgiaSB 682025-2026 Regular SessionSenate

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), Brandon Beach (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), John F. Kennedy (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

8 provisions identified: 0 benefits, 2 costs, 6 mixed.

New limits on injury medical awards

In injury and death cases, medical expense awards cover only the reasonable value of medically necessary care. Judges or juries can consider billed charges and amounts needed to settle bills under public or private insurance, including workers’ compensation. This applies even when the injured person does not use that coverage, overriding rules that otherwise keep such payments out. Agreements to pay providers from lawsuit proceeds must be disclosed, along with itemized, coded charges and referral details. For below-invoice sales of unpaid bills, disclosure includes the buyer and sale price; these rules create no new patient debt.

Seat belts affect awards, not premiums

In motor vehicle lawsuits, courts can consider an occupant’s failure to wear an available seat belt when deciding fault and damages. This includes whether nonuse contributed to the injury and how fault is shared. Evidence rules still allow courts to exclude this information. Insurers cannot use seat-belt nonuse to cancel coverage or raise insurance rates.

Security claims face tighter liability rules

Security contractors that undertake to protect lawful visitors face the same liability limits as property owners or occupiers. Their liability cannot exceed the owner’s or occupier’s liability. In negligent-security cases, lawyers cannot discuss criminal punishment, anyone’s financial resources, or how fault sharing affects the injured person’s damages. Courts must order a new trial on liability and damages when juries assign unreasonable fault to third-party wrongdoers. Fault sharing is presumed unreasonable when wrongdoers’ combined share is smaller than the share assigned to others, but that presumption can be challenged.

Injury lawyers face pain award limits

In injury and wrongful-death trials, lawyers cannot suggest dollar amounts for pain, suffering, or other noneconomic losses before evidence closes. They also cannot elicit testimony or references to specific amounts or ranges during the evidence stage. At their first chance to argue damages afterward, lawyers can suggest an amount tied to the evidence. Lawyers with opening and concluding arguments cannot switch amounts in the concluding argument. Supported jury-selection questions about no damages or more than an unspecified amount remain allowed. Courts must address prohibited testimony or arguments, including excusing affected prospective jurors when needed.

Limits on lawsuit fee awards

Parties cannot recover the same lawyer fees, court costs, or case expenses more than once under statutes authorizing awards. This applies to both compensatory and punitive awards, unless the statutes expressly allow duplicate recovery. Contract rights to recover these costs remain unchanged. A contingent-fee agreement cannot prove that lawyer fees requested under a reasonable-fee statute are reasonable. The law does not set a fee amount.

Plaintiffs face a lawsuit dismissal deadline

Plaintiffs can dismiss a case without a court order through the 60th day after the opposing party serves an answer. They can also dismiss by agreement signed by every party who has appeared. Dismissal usually leaves the claim eligible to be filed again. But a prior state or federal dismissal involving the same claim makes the new dismissal a final decision on that claim. These rules are subject to exceptions for class actions, receivership proceedings under Georgia Code Section 9-11-66, and other statutes.

Dismissal motions pause lawsuit evidence gathering

A dismissal motion filed before an answer generally pauses discovery—the exchange of case evidence—and extends deadlines by the pause’s length. Courts must decide the motion within 90 days after briefing ends. After that, a party can ask to change or end the pause for good cause. Limited discovery remains allowed for specified defenses, identifying proper parties, or establishing the court’s authority to hear the case. A defendant’s answer ends the pause for that defendant. Unless the court sets another deadline, an answer is due 15 days after notice that the motion was denied or postponed until trial. If the court orders a clearer statement, the answer is due 15 days after that statement is served.

Injury cases can separate fault and damages

In injury and wrongful-death cases, any party can demand separate fault and compensatory-damages phases before the pretrial order. The demand must be written, and the same judge and jury hear both phases. On an opposing party’s request, courts can reject separation if the amount at stake is less than $150,000. Courts can also reject it when repeat testimony about an alleged sexual offense would likely cause serious psychological or emotional distress to the plaintiff, including a minor represented by a guardian. If compensatory damages are awarded, the court can immediately consider punitive damages and lawyer fees.

Sponsors & Cosponsors

Sponsors

  • John Albers

    Republican • Senate

  • Jason Anavitarte

    Republican • Senate

  • Lee Anderson

    Republican • Senate

  • Brandon Beach

    Republican • Senate

  • Matt Brass

    Republican • Senate

  • Max Burns

    Republican • Senate

  • Bill Cowsert

    Republican • Senate

  • Clint Dixon

    Republican • Senate

  • Greg Dolezal

    Republican • Senate

  • Drew Echols

    Republican • Senate

  • Frank Ginn

    Republican • Senate

  • Steve Gooch

    Republican • Senate

  • Russ Goodman

    Republican • Senate

  • Marty Harbin

    Republican • Senate

  • Mike Hodges

    Republican • Senate

  • John F. Kennedy

    Republican • Senate

  • Kay Kirkpatrick

    Republican • Senate

  • Chuck Payne

    Republican • Senate

  • Randy Robertson

    Republican • Senate

  • Ed Setzler

    Republican • Senate

  • Shawn Still

    Republican • Senate

  • Larry Walker

    Republican • Senate

  • Ben Watson

    Republican • Senate

  • Sam Watson

    Republican • Senate

  • Rick Williams

    Republican • Senate

Cosponsors

  • James Burchett

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 316 • No: 299

Senate vote • 3/21/2025

AGREE TO HOUSE SUBSTITUTE AS AMENDED

Yes: 22 • No: 32 • Other: 1

Senate vote • 3/21/2025

AGREE TO HOUSE SUBSTITUTE

Yes: 34 • No: 21

House vote • 3/20/2025

PASSAGE

Yes: 91 • No: 82 • Other: 1

House vote • 3/20/2025

Immediately Transmit

Yes: 94 • No: 77 • Other: 3

Senate vote • 2/21/2025

PASSAGE BY SUBSTITUTE

Yes: 33 • No: 21

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

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

Yes: 21 • No: 33

Actions Timeline

  1. Senate Date Signed by Governor

    4/21/2025Senate
  2. Act 9

    4/21/2025
  3. Effective Date

    4/21/2025
  4. Senate Sent to Governor

    4/7/2025Senate
  5. Senate Agreed House Amend or Sub

    3/21/2025Senate
  6. House Third Readers

    3/20/2025House
  7. House Passed/Adopted By Substitute

    3/20/2025House
  8. House Immediately Transmitted to Senate

    3/20/2025House
  9. House Committee Favorably Reported By Substitute

    3/18/2025House
  10. House Second Readers

    2/26/2025House
  11. House First Readers

    2/24/2025House
  12. Senate Third Read

    2/21/2025Senate
  13. Senate Passed/Adopted By Substitute

    2/21/2025Senate
  14. Senate Read Second Time

    2/12/2025Senate
  15. Senate Committee Favorably Reported By Substitute

    2/11/2025Senate
  16. Senate Read and Referred

    2/3/2025Senate
  17. Senate Hopper

    1/30/2025Senate

Bill Text

  • SB 68/AP* (v15)

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