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Lawyers warn mandatory bifurcation in SB 68 would prolong trials, strip judges' discretion
Summary
A House subcommittee heard opposition from trial lawyers and survivors to Section 8 of Senate Bill 68, which would mandate bifurcation or trifurcation of personal-injury trials on a party's election, and supporters who said it would curb "anchoring" on inflated billed amounts.
Representatives of plaintiff and defense bars told a House subcommittee that Section 8 of Senate Bill 68, which would mandate bifurcation or trifurcation of personal-injury and wrongful-death trials on the election of a single party, would lengthen court proceedings and strip trial judges of discretion.
Why it matters: Section 8 would alter trial practice across a broad class of civil cases by requiring judges to separate liability, damages and punitive issues upon a party’s election. Witnesses argued that the change would increase the number of jury voir dires, opening statements, instructions and deliberations — and repeatedly summon the same witnesses.
Brandon Peake, a Columbus trial lawyer, said the provision singles out injured Georgians for different treatment. "Mandatory bifurcation or trifurcation in this bill only deals with personal injury and wrongful death cases," Peake…
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