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2018 Georgia Code 50-21-32 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-21-32 Case Law from Google Scholar Amendments to OCGA 50-21-32

TITLE 50 STATE GOVERNMENT

Section 21. Waiver of Sovereign Immunity as to Actions Ex Contractu; State Tort Claims, 50-21-1 through 50-21-37.

ARTICLE 2 STATE TORT CLAIMS

50-21-32. Signing of pleadings, motions, or other papers.

In any claim, action, or proceeding brought under this article, the signature of an attorney or party constitutes a certificate by him or her that he or she has read the pleading, motion, or other paper; that to the best of his or her knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.If a pleading, motion, or other paper is signed in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including reasonable attorneys' fees.

(Code 1981, §50-21-32, enacted by Ga. L. 1992, p. 1883, § 1.)

Cases Citing O.C.G.A. § 50-21-32

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Georgia Dep't of Corr. v. Couch, 295 Ga. 469 (Ga. 2014).

Cited 63 times | Published | Supreme Court of Georgia | Jun 16, 2014 | 759 S.E.2d 804, 2014 Fulton County D. Rep. 1524

...awarded under § 9-11-68 (b) must be included in the sums subject to the caps on the state’s liability set forth in § 50-21-29 (b). 18 providing for an award of attorney fees for improper litigation conduct, see OCGA § 50-21-32,10 and contends that this demonstrates that the General Assembly meant to exclude other similar attorney fees awards. But § 50-21-32 mandates attorney fees awards in situations beyond those provided for in the CPA, along the lines of the strict version of Federal Rule of Civil Procedure 11 that existed when the GTCA was enacted but was never made part of our Civil Practice Act. See OCGA § 9-11-11 (not providing any sanction related to the signing of pleadings). Thus, § 50-21-32 actually indicates that the General Assembly meant for the GTCA to supplement weaker provisions allowing attorney fees awards intended to rein in inappropriate conduct during tort 10 OCGA § 50-21-32 says: In any claim, action, or proceeding brought under this article, the signature of an attorney or party constitutes a certificate by him or her that he or she has read the pleading, motion, or other paper; that to t...