Hour glass with sand descending into lower portion to suggest passage of time. Credit: Min C. Chiu/Shutterstock

When Does the Clock Start? Court Clarifies 180-Day Party-Substitution Rule

"We have applied this well-established rule in situations where the suggestion of a defendant's death was filed with the court by the defendant's counsel but the record did not reflect that it was served upon the nonparty representative of the defendant's estate," read the Georgia Court of Appeals reversal.

January 13, 2023 at 01:09 PM

5 minute read

Civil Appeals

Cedra Mayfield
Litigation Reporter

A reversal handed down by the Georgia Court of Appeals has clarified the 180-day party-substitution rule surrounding the naming of substitute parties following a defendant's death during litigation.