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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In Georgia, res judicata, or claim preclusion, prevents a party from re-litigating a claim that has already been finally adjudicated by a competent court. This means that once a court has reached a final judgment on the merits of a case, the same parties cannot bring a subsequent lawsuit on the same claim or any other claim that could have been brought in the first action. Issue preclusion, also known as collateral estoppel, bars the re-litigation of specific issues that were actually litigated and essential to the judgment in a prior action between the same parties. Both doctrines are intended to promote judicial efficiency, respect for court judgments, and to protect parties from the burden of multiple lawsuits. Georgia courts strictly apply these principles to ensure that once a dispute is resolved, it remains resolved, barring any appeals or other remedies provided by law.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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Georgia State Code

Georgia State Code

Civil procedure

res judicata and collateral estoppel

Articles