Immediate Appeal of Sovereign Immunity Rulings


The Georgia General Assembly passed S.B. 298, which authorizes direct appeals of rulings about sovereign immunity and other immunities. The bill passed both houses and has been sent to the Governor for signature.

The appeal must be exercised within 30 days after the ruling, but only once by a party.


(14) All judgments, orders, or rulings in civil actions granting or denying or refusing to grant or deny immunity to one or more parties based upon sovereign, municipal, official, qualified, or judicial immunity established by the United States Constitution or the Constitution, laws, or common law of this state shall have the right of direct appeal under this paragraph, and such right shall be exercised within 30 days of any judgment, order, or ruling. The right of direct appeal under this paragraph shall not be exercised by any one party more than once in any civil action. This paragraph shall not preclude taking an appeal pursuant to any other paragraph in this subsection;

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