Late case evaluation is a settlement session late in a divorce case where a neutral evaluator hears both sides and recommends how the case should end.
Georgia Has No Late Case Evaluation Statute
There is no Georgia statute creating late case evaluation, and the phrase does not appear anywhere in the Uniform Superior Court Rules. It exists through county alternative dispute resolution programs and through orders entered in individual cases. That means the order sending you to one, and your county’s program, define how it works, so read the order before you go.
It also means the evaluator has no power to decide anything. Nothing gives that person authority over your case. What you get is a recommendation, and you are free to reject it.
What a Court Uses It For
In Hooper v. Townsend, 362 Ga. App. 532 (2022), a custody modification case, the trial court ordered a late case evaluation “in order for the parties to resolve or narrow their issues prior to trial.” The evaluation was cancelled because of a conflict of interest involving the evaluator and never rescheduled.
Skipping It Has Consequences
The mother in Hooper asked for the trial to be continued partly because the late case evaluation had never happened. The Court of Appeals found no abuse of discretion in refusing, because the parties had ample time to reschedule it themselves. A missed evaluation is not a reason to delay your trial.
Courts also take attendance seriously. In Hedquist v. Hedquist, 275 Ga. 188 (2002), a trial court found a husband in criminal contempt for, among other things, failing to appear for mediation or late case evaluation. The Georgia Supreme Court reversed, but on notice grounds, not because the charge was improper.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!