By Patrick White | March 23, 2025

On Friday, March 21, 2025, Senate Bill 68 passed by a vote of 34-21 and is headed to Governor Kemp’s desk. It is certain to be signed into law as the Governor was the driving force behind the legislation. Unlike most legislative acts which take effect on July 1 st , Senate Bill 68 becomes effective upon signature.

Here are the major changes:

• Non-Economic Damages – Attorneys may no longer make arguments regarding the monetary value of awards of pain and suffering. The issue of pain and suffering is to be determined by the “enlightened consciousness of the jury” without suggestions from attorneys in closing argument.
• Motion Practice – Georgia will now follow the Federal Rules of Civil Procedure permitting a Defendant to file a Motion to Dismiss in lieu of an Answer. A Motion for more definite statement may also be filed in lieu of an Answer. Discovery will be stayed for a period of 90 days, by which time the trial judge must decide the merits of the motion.
• Dismissals – The former Georgia rule allowed a Plaintiff to dismiss a case at any time before the first witness is sworn. The new rule only permits a voluntary dismissal to be filed prior to the time an Answer or Motion has been filed by the Defendant.
• Attorney’s Fees – An award of attorney’s fees cannot be sought under more than a single statute. In proving fees, a Plaintiff’s contingency agreement may not be used as evidence to sustain a fee award.
• O.C.G.A. §13-6-7 – Senate Bill 68 clarifies that this Statute, where attorney’s fees were sought for “bad faith” or “stubborn litigiousness” is limited solely to contract actions.
• Seat Belts – The failure of a Plaintiff to wear a seat belt may be disclosed to support a defense of comparative negligence or assumption of the risk.
• Negligent Security – Addressing the severe burdens placed on property owners by the Georgia Supreme Court in negligent security cases, Senate Bill 68 limits evidence of what can be presented to show the commission of a criminal act on a premises was foreseeable. In the trial of a negligent security case, the jury must apportion a reasonable degree of fault to the individual whose wrongful conduct caused the injury.
• Special Damages – Regarding unpaid medical, evidence of what a charge can be satisfied by the Plaintiff’s health insurer plus Plaintiff’s financial responsibility can be admitted.
• Trifurcation of Issues – Prior to the entry of a Pretrial Order, a party can request the Court to allow the jury to first consider the issue of liability and only evidence on that issue may be offered in this phase of trial. If the jury apportions all or part of liability to the Defendant, the jury will then consider the issue of compensatory damages, and evidence will be limited to damages only. If the issue of attorney’s fees and/or punitive damages is submitted to a jury, those issues will be addressed in a third phase of trial.