Henry County Superior Court Chief Judge Brian Amero will allow for the inspection of nearly 150,000 absentee ballots in Fulton County, Georgia.

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Nothing is wrong here procedurally. The motion to dismiss, assuming it is a 12(b)(6) failure to state a claim type of thing, can be used as a dilatory tactic and is filed in almost every civil case. I'm not sure about Georgia law on procedure, so this is all based on the federal rules of civil procedure but the standard for a motion to dismiss of this kind is the same throughout the country because of the Iqbal case. State procedure is often extremely similar to, if not the exact same as the federal rules. Basically, a 12(b)(6) takes everything in the complaint, assumes that it is true, and asks the question "can the plaintiff recover?". The plaintiffs don't need ANY evidence, they must only sufficiently allege facts that when taken as true would entitle them to the relief they are asking for. Once a complaint "passes" the motion to dismiss, then the plaintiff moves on to discovery.

The judge substituting individuals for the governmental organizations they work for is also very common. From what I can gather, this is because the people who were replaced were sued in their official capacity, not their individual capacity, and thus the claims against them are "duplicitous." While this change in defendants does moot any outstanding motions to dismiss, the organizations themselves will have the opportunity to file their own motions at this point.

What we are likely to see here is the county using dilatory tactics to the maximum. Assuming the plaintiffs aren't retards, the new defendants (county government bodies) will file their motions to dismiss 21 days after they have been served with the complaint and summons. Then it will take some time for the court to consider the motion(s) and issue an order. Usually anywhere from a week to a month ish. Then the plaintiffs will be able to proceed with discovery. Defendants usually have 30 days to respond to discovery requests, but if the judge just straight up orders plaintiffs to have access to the physical documents, the judge may set a time limit for compliance taking into account reasonable cause for delay, if there is any, which there really shouldn't be since the county knows about the lawsuit and should have the documents ready.

Nothing is wrong here procedurally. The motion to dismiss, assuming it is a 12(b)(6) failure to state a claim type of thing, can be used as a dilatory tactic and is filed in almost every civil case. I'm not sure about Georgia law on procedure, so this is all based on the federal rules of civil procedure but the standard for a motion to dismiss of this kind is the same throughout the country because of the Iqbal case. State procedure is often extremely similar to, if not the exact same as the federal rules. Basically, a 12(b)(6) takes everything in the complaint, assumes that it is true, and asks the question "can the plaintiff recover?". The plaintiffs don't need ANY evidence, they must only sufficiently allege facts that when taken as true would entitle them to the relief they are asking for. Once a complaint "passes" the motion to dismiss, then the plaintiff moves on to discovery. The judge substituting individuals for the governmental organizations they work for is also very common. From what I can gather, this is because the people who were replaced were sued in their official capacity, not their individual capacity, and thus the claims against them are "duplicitous." While this change in defendants does moot any outstanding motions to dismiss, the organizations themselves will have the opportunity to file their own motions at this point. What we are likely to see here is the county using dilatory tactics to the maximum. Assuming the plaintiffs aren't retards, the new defendants (county government bodies) will file their motions to dismiss 21 days after they have been served with the complaint and summons. Then it will take some time for the court to consider the motion(s) and issue an order. Usually anywhere from a week to a month ish. Then the plaintiffs will be able to proceed with discovery. Defendants usually have 30 days to respond to discovery requests, but if the judge just straight up orders plaintiffs to have access to the physical documents, the judge may set a time limit for compliance taking into account reasonable cause for delay, if there is any, which there really shouldn't be since the county knows about the lawsuit and *should* have the documents ready.

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Be curious to know more about this Amero.

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