Georgia Enacts Sweeping Tort Reform in 2025: Key Changes and What They Mean for Litigants

​In April 2025, Governor Brian Kemp signed into law Senate Bills 68 and 69—two landmark pieces of tort reform legislation—marking the most significant changes to Georgia’s civil justice system in nearly two decades. These reforms aim to streamline litigation, reduce excessive verdicts, and improve fairness in Georgia's courts. At Rountree Leitman Klein & Geer, LLC, we are monitoring these changes closely to advise clients on how the new rules may affect pending and future litigation.

Senate Bill 68 introduces sweeping changes to Georgia's civil procedure rules. Below are three core procedural reforms now in effect:

• Automatic Discovery Stay with Motions to Dismiss: A motion to dismiss now triggers an automatic stay of discovery until the Court rules on the motion to dismiss. The Court is required to decide the motion to dismiss within 90 days. If the Court has not ruled on the motion to dismiss within 90 days, the Court may terminate or modify the discovery stay.
• Stricter Rules on Voluntary Dismissals: The new rules tighten plaintiffs' ability to voluntarily dismiss cases.
  • Plaintiffs can dismiss without court approval only within 60 days after an answer is filed or a motion for summary judgment is filed, whichever occurs first, unless all parties consent.
  • A second dismissal (voluntary or by order) is considered with prejudice, effectively barring refiling.
  • This change targets “forum shopping” and repeated filings intended to gain procedural advantage.

• Limits on Attorney Fee Awards: Parties are now limited to one award of attorneys’ fees, costs, and litigation expenses, unless a statute clearly allows multiple recoveries. Contingency fee agreements are also no longer admissible to prove reasonableness of fees—standardizing the way fees are assessed by courts and juries.

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Beyond civil procedure, SB 68 and SB 69 bring changes in several areas:

• Negligent Security Claims: Property owners are liable only where prior criminal activity occurred on or within 500 yards of their property, and they had specific knowledge of it.
• Bifurcation of Trials: Defendants may now request separate phases for fault and damages—helping mitigate the influence of sympathy in jury decisions.
• Anchoring Restrictions: Plaintiffs’ attorneys can no longer suggest specific dollar figures for noneconomic damages (e.g., pain and suffering).
• Medical Damages: Only amounts actually paid for medical care may be presented to juries—not inflated billed charges.
• Seat Belt Evidence: Failure to use a seatbelt is now admissible as evidence, which may affect damages or fault in auto cases.
• Third-Party Litigation Financing Disclosure (SB 69): Beginning January 1, 2026, plaintiffs must disclose outside funding sources, ensuring transparency regarding financial interests in litigation.

​As Georgia courts begin implementing these new rules, litigants should expect some early uncertainty and possible appellate clarification. At Rountree Leitman Klein & Geer, LLC, we are prepared to navigate these changes and adjust litigation strategies accordingly.

If you have questions about how the 2025 tort reforms may affect your business, case, or legal strategy, contact our team for a consultation.