Rule 616-1-2-.35 - Involuntary Dismissal(1) After a party with the burden of proof has presented its evidence, any other party may move for dismissal on the ground that the party that presented its evidence has failed to carry its burden. A party's decision to move for dismissal shall not constitute a waiver of the party's right to offer evidence in the event the motion is denied.(2) Upon a party making such a motion, the Court may determine the facts and render a Decision against the party that has presented its evidence as to any or all issues or the Court may decline to render a Decision until after the close of all the evidence.Ga. Comp. R. & Regs. R. 616-1-2-.35
O.C.G.A. § 50-13-40.
Original Rule entitled "Involuntary Dismissal" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.Amended: F. Dec. 12, 2003; eff. Jan. 1, 2004.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. June 22, 2020; eff. July 12, 2020.