U.S. Civil Procedure Code vs. Georgian Civil Procedure Code — Key Differences and Practical Analysis

🟦 Introduction

Civil procedure is one of the most important parts of the legal system, as it is through this process that citizens' rights are protected and disputes are resolved in court.

In this article, we will discuss the main differences between the United States civil procedure system and the Georgian Civil Procedure Code, both from theoretical and practical perspectives.

⚖️ 1. Foundation of the Legal System

🇺🇸 USA — Common Law System

The United States operates under a Common Law legal system, where:

  • Judicial precedent (case law) is highly significant
  • Judges' decisions often serve as a source of law
  • The process is dynamic and practice-based

Additionally, there are both federal and separate state procedural rules (Federal Rules of Civil Procedure and state rules).

🇬🇪 Georgia — Civil Law System

Georgia belongs to the Continental (Civil Law) system, where:

  • The main source of law is the code
  • Court decisions are not formally binding precedents
  • Procedural rules are strictly regulated by the Georgian Civil Procedure Code

👨‍⚖️ 2. Role of the Judge in the Process

United States:

In the American system, the judge acts as a more neutral arbiter, who:

  • Does not independently investigate facts
  • Manages the process but is not actively involved in gathering evidence
  • Makes decisions with a jury or based on the parties' arguments

Georgia:

In Georgia, the judge is relatively more active:

  • Can request evidence
  • Asks questions to parties and witnesses
  • The process has more inquisitorial elements

📑 3. System of Evidence Exchange (Discovery)

🇺🇸 USA — Robust Discovery System

The American process is characterized by one of the most complex and extensive discovery systems:

Parties exchange in advance:

  • Documents
  • Written questions (interrogatories)
  • Witness testimonies (depositions)
  • Requests for production of evidence (subpoenas)

👉 Discovery is the most costly and significant stage of the American process.

🇬🇪 Georgia

In Georgia:

  • The discovery system is limited
  • Evidence is mainly presented during the court hearing
  • The court can request certain evidence

⏳ 4. Duration and Dynamics of the Process

USA

  • The pre-trial stage is often very lengthy
  • Cases are often resolved by settlement
  • The court process can last for years

Georgia

  • The process is relatively faster
  • There are fewer preliminary procedures
  • The court stage is more compact

👥 5. Jury System

USA

  • Jury trial is often used in civil cases
  • Factual circumstances are decided by citizens

Georgia

  • The jury system is not used in civil proceedings
  • Decisions are made solely by the judge

💰 6. Court Costs

USA

  • Very high costs:
    • Hourly attorney fees
    • Expert services
    • Discovery process expenses

Georgia

  • Relatively low court and attorney fees
  • The process is more financially accessible