bob wrote:
riseupforamerica:
Quote:
We have submitted our Appeal and have been given a Docket number. Are you ready for round II? Four Plaintiffs getting four different Judges. Odds are getting better we'll find at least one willing to deal with the issue.., maybe???? Still, the first and best fight remains right here in GA.
Did Swensson and Powell intentionally split their case in an effort to judge shop?
(Related cases, yadda yadda.)
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Rule 3.2. Companion and Related Actions
When practical, all actions involving substantially the same parties, or substantially the same subject matter, or substantially the same factual issues, whether pending simultaneously or not, shall be assigned to the same judge. Whenever such action is refiled, or a derivative or companion action is filed or refiled, or a defendant is reindicted on a previous charge, or is indicted on a subsequent charge while still under charges or serving a confinement or probated sentence on a previous action, or co defendants are indicted separately, such actions shall be assigned to the judge to whom the original action was or is assigned. Generally, such actions will be assigned to the judge to whom the action with the lower action number is assigned.
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Rule 4.8. To Notify of Related Cases
At any time an attorney is counsel in any action which the attorneyknows is or may be related to another action either previously or presently pending in and assigned to a particular judge of a superior court in the same circuit involving some or all of the same subject matter, or some or all of the same factual issues, such attorney immediately shall so advise the judges involved, who will then make an appropriate determination as to which judge the action or actions should be assigned.
I've not seen such notification, have you? Didn't think so.
http://www.georgiacourts.org/files/UNIF ... 10_10_.pdf