Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448All affidavits, petitions, answers, defenses, or other proceedings required to be verified or sworn to under oath shall be held to be sufficient when the same are sworn to before any notary public, magistrate, judge of any court, or any other officer of the state or county where the oath is made who is authorized by the laws thereof to administer oaths. The oath if made outside this state shall have the same force and effect as if it had been made before an officer of this state authorized to administer the same. The official attestation of the officer before whom the oath or affidavit is made shall be prima-facie evidence of the official character of the officer and that he was authorized by law to administer oaths. However, this Code section shall not apply to such affidavits as may be expressly required by statute to be made before some particular officer within the state.
(Ga. L. 1853-54, p. 50, § 1; Code 1863, § 4108; Code 1868, § 4139; Ga. L. 1870, p. 415, §§ 1, 2; Code 1873, §§ 3450, 4198; Code 1882, §§ 3450, 4198; Civil Code 1895, §§ 5060, 5062; Ga. L. 1905, p. 103, § 1; Civil Code 1910, §§ 5643, 5645, 5646; Ga. L. 1913, p. 56, § 1; Code 1933, §§ 81-407, 81-408, 81-409; Ga. L. 1983, p. 884, § 4-1.)
This section is applicable to federal courts and verification by justice of peace within its terms is sufficient. Bank of Edgefield v. Farmers' Co-op. Mfg. Co., 52 F. 98 (5th Cir. 1892) (see O.C.G.A. § 9-10-113).
Affidavit of illegality is a defense and falls within the provision of this section. Craige v. Fraser, 73 Ga. 246 (1884) (see O.C.G.A. § 9-10-113).
Where answers are sworn to out of state, oath should be administered by someone authorized by Georgia laws or the Acts of Congress. Royston v. Royston, 21 Ga. 161 (1857).
Affidavit made in another state will not be recognized here without authentication of official character of the person taking the affidavit. Behn & Foster v. William H. Young & Co., 21 Ga. 207 (1857); Charles v. Foster, 56 Ga. 612 (1876); Castellaw v. Blanchard, 106 Ga. 97, 31 S.E. 801 (1898); Brunswick Hdwe. Co. v. Bingham, 107 Ga. 270, 33 S.E. 56 (1899).
Affidavit in forma pauperis before foreign notary, with the notary's seal attached, is receivable in the courts of this state, and is sufficient to prevent a dismissal of a bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50) for failure to pay costs. Whatley v. Macon & N. Ry., 104 Ga. 764, 30 S.E. 1003 (1898); Shockley v. Turnell & Bearden, 114 Ga. 378, 40 S.E. 279 (1901); Simpson v. Wicker, 120 Ga. 418, 47 S.E. 965, 1 Ann. Cas. 542 (1904).
- When a trust filed a purportedly verified complaint against the defendant to which the defendant did not file a verified answer, the trial court erred in deeming that the trust's complaint was not verified because the verification met the requirements set forth in O.C.G.A. § 9-10-113 as the verification contained the signature of the trust's authorized representative and was attested to by a notary public commissioned in Ohio; nothing in the language of O.C.G.A. § 9-10-113 suggested that the document filed with the court had to be the original signed version; and no authority under the Uniform Superior Court Rules or a local standing order suggested that a purported verification was defective if the original signed version was not filed with the court. Cornerstone Quarry 2010 A Trust v. Heath, 345 Ga. App. 806, 815 S.E.2d 557 (2018).
Cited in Parks v. Gresham, 185 Ga. 470, 195 S.E. 728 (1938); Merchants & Mfrs. Transf. Co. v. Auto Rental & Leasing, Inc., 121 Ga. App. 729, 175 S.E.2d 156 (1970).
- 61B Am. Jur. 2d, Pleading, §§ 845 et seq., 880 et seq.
- 71 C.J.S., Pleading, § 512.
- Failure of affidavit for publication of summons to state the facts required by statute as subjecting the judgment to collateral attack, 25 A.L.R. 1258.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2002-03-27
Citation: 561 S.E.2d 431, 275 Ga. 2, 2002 Ga. LEXIS 478
Snippet: verification under oath as set forth in Code Section 9-10-113. Such written verification shall certify that