I was fortunate to have lunch today with two old law partners of mine who are now Marietta divorce lawyers, Mike Marsh and Jessica Frost. We got to talking about how frustrated their clients have become with the backlog of cases in Superior Court. As we have discussed before, when filing for divorce in Georgia, the Superior Court has exclusive jurisdiction. Conversely, an injury claim can be brought by anpersonal injury lawyer in the Magistrate, State Court, Superior Court, or Federal Court.
The common wisdom used to be that State Court judges are less likely to grant Motions for Summary Judgment but, with the backlog of low end personal injury cases in State Court, more attorneys are availing themselves of the Superior Courts. Given that Superior Court handles all felonies and family law matters and you have a recipe for disaster. We often tell clients that it can be over a year from the time a suit is filed before you will get to the actual jury trial and in some counties, even longer.
No matter what the practice area, litigation is a strenuous process filled with periods of intense activity followed by apparent stasis. We go to great lengths to explain this to our clients but feel free to contact us if you have any questions.