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Motions to dismiss after SB 68

Discovery is paused while an early motion to dismiss is pending.

Last updated: October 6, 2026

Applies to pending and new cases

What changed

A defendant may file a motion to dismiss instead of an answer. While that motion is pending, discovery is generally stayed. If the court has not ruled within 90 days, a party may ask the court to lift or change the stay for good cause. If the motion is denied, the defendant must answer within a short time after the order.

Plain exampleA lawsuit is filed against a property owner

The owner files a motion to dismiss instead of answering. Depositions and document requests wait until the court rules, which can add months to the case.

Illustration only, with made-up facts. Your case depends on its own facts.

Signed April 21, 2025. Senate Bill 68 took effect when the Governor signed it. Some parts reach pending cases; others only new claims.

← All 2025 changes

Official sources

Look up each section in the Official Code of Georgia Annotated (free public access). Laws change; always read the current text.

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