Woods v. State of Georgia

Trial courts should not receive or consider motions to strike or dismiss during unreported calendar calls because the calendar calls do not constitute hearings or trials under the Civil Practice Act.

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The primary question on appeal is whether in a civil forfeiture proceeding a court may consider and grant the State’s oral motion, made and argued at an unreported calendar call, to strike the defendant’s answer for lack of proper verification. Because under OCGA § 9-11-7 b 1 oral motions are only allowed at hearings and trials, which do not include unrecorded calendar calls, we hold the trial court erred in considering the motion and in striking the answer, and therefore vacate the judgment and remand the case.

During a search of Claude Woods’ residence, police found illegal drugs and seized his personal property and currency allegedly found in close proximity to the drugs. The State filed a complaint to have the property and currency forfeited under OCGA § 16-13-49 o. Minutes before the calendar call on the morning trial was scheduled, Woods filed a motion in limine to suppress the evidence and a motion for summary judgment, both on the ground that the search was illegal. At the calendar call which was not recorded, Wood asked for a continuance to have his motions considered, which continuance the court denied. Arguing Woods’ absence from the courtroom meant the answer was not verified as required by law,1 the State orally moved to dismiss Woods’ answer. The court denied Woods’ motions in limine and for summary judgment on the merits and granted the State’s motion to strike, resulting in a judgment of forfeiture. Woods appeals the denial of his summary judgment motion and the striking of his answer.

Woods v. State of Georgia

Trial courts should not receive or consider motions to strike or dismiss during unreported calendar calls because the calendar calls do not constitute hearings or trials under the Civil Practice Act.

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