QUESTION
What is a plaintiff's recourse when a judge won't rule on a Summary Judgement?
Asked on Oct 06th, 2016 on Civil Litigation - Georgia
More details to this question:
We are in a civil suit with a relative who stole over $200,000 from us. We went to court on May 12, 2016 and the judge said he would rule in 90 days. It is now October 6, 2016 and we found out through his secretary that he hasn't even looked at our case. What recourse do we have?
1 ANSWER
In New York, there is a rule that motions have to be decided within 60 days, but half the time they aren't. I don't know if there is a similar rule in Georgia (I have a friend who practices in Georgia who told me that he once waited 2.5 years for a motion to be decided), but even if there is you probably don't want to invoke it for fear of antagoinzing the Court. As a practical matter, you probably have no recourse.
Answered on Oct 06th, 2016 at 3:52 PM