If you file a personal‑injury lawsuit in Georgia now, the defense may not jump straight into discovery. Under SB 68, a timely motion to dismiss automatically stays discovery, which changes the opening phase of a case in a big way. That means a defendant can challenge the lawsuit first, before being forced to hand over records, answer interrogatories, or sit for depositions.
What the new rule does
Before SB 68, defendants often had to respond quickly and the case could move into discovery even while a motion to dismiss was pending. Now, if the defendant files a motion to dismiss, discovery is automatically paused while the court considers that motion. The stay is not indefinite; the court is supposed to rule within 90 days after briefing ends, and limited discovery can still be allowed in some situations.readingroom.law.gsu+2
The practical effect is simple: the defendant gets a chance to try to knock out the case before being dragged into expensive discovery. That can save time and money for the defense, but it also means plaintiffs need to be more deliberate and prepared at the very start of the case.jonesday+1
Why defendants like it
Defense lawyers like the stay because discovery is where cases get costly. Document requests, interrogatories, depositions, and expert work can all begin immediately in a normal case, even when the complaint has a fatal flaw. SB 68 gives defendants a window to argue that the lawsuit should be dismissed before those costs start piling up.wilsonelser+1
That matters most when the complaint may have pleading problems, venue problems, or a weak legal theory. If a motion to dismiss has real merit, the stay can prevent months of unnecessary litigation. Even if the motion fails, the defense has still bought time to evaluate the case and develop strategy.jonesday+1
What it means for plaintiffs
For plaintiffs, the new rule means the first filing has to be tighter. A complaint now needs to do more than tell a general story about harm; it has to survive the initial legal attack before discovery starts. If there are gaps in the pleadings, the plaintiff may be stuck waiting while the motion is decided.readingroom.law.gsu+1
That changes early case strategy in a few ways:
- File a cleaner, more specific complaint.
- Anticipate a motion to dismiss and draft with that challenge in mind.
- Preserve key evidence early, because the other side may not have to produce discovery right away.
It also means some cases will feel slower at the beginning, even when the facts are strong. The plaintiff may know the case has merit, but the process still pauses while the judge decides whether the lawsuit can move forward.ktslaw+1
Limited discovery and the 90‑day clock
The stay is not absolute. SB 68 allows limited discovery in some circumstances, and the court is supposed to rule on the motion within 90 days after the briefing period ends. That matters because it keeps the stay from turning into a permanent stall tactic.national-law+1
In other words, the rule gives defendants a head start, but it does not let them freeze the case forever. If the motion survives, discovery resumes. If it is denied, the case moves into the usual litigation phases, and the defendant then has to answer within the time allowed by the statute or court order.ktslaw+1
How this changes the rhythm of a case
This rule changes the rhythm of Georgia litigation more than most people expect. In the past, a case often began with both sides exchanging information quickly. Now the front end is more front‑loaded with legal briefing and less with factual digging.jonesday+1
For injured people, that can be frustrating. You may want records, photos, witness statements, and insurer information right away, but the defense may be spending its first round on a motion to dismiss instead. For lawyers, that means the early focus has to be on pleading, legal sufficiency, and preserving the case from the start.dlapiper+1
What injured people should expect
If you are filing or defending a Georgia injury case, here’s the simple takeaway:
- The complaint matters more than ever.
- The first battle may be over whether the case survives at all.
- Discovery may not start until the motion to dismiss is resolved.
That does not mean every case will be delayed for months. But it does mean the opening chapter of a Georgia injury case has changed. Plaintiffs need to be ready for a legal challenge right out of the gate, and defendants have a stronger incentive to file one if they see weakness in the complaint.jonesday+1
The bottom line
SB 68 makes the opening phase of litigation more defendant‑friendly by pausing discovery while a motion to dismiss is pending. For plaintiffs, that means stronger pleadings and better early preparation. For defendants, it creates a useful filter before the expense of discovery begins. Either way, the first few weeks of a Georgia case now matter more than they used to.
Disclaimer
The information provided on this blog is for general informational purposes only and is
not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.
No attorney-client relationship is formed through the use of this blog or by any communication with me. For specific legal advice tailored to your situation, please consult with a qualified attorney who is licensed to practice law in your jurisdiction. Laws change frequently and may vary by county or city; this blog reflects a general understanding of Georgia law as of the date of publication.
I strive to ensure that the information presented is accurate and up-to-date; however, I make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of any information contained on this blog. Any reliance you place on such information is strictly at your own risk.
Thank you for visiting my blog, and please feel free to reach out with any questions or comments!