O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-11-2 (2019)

One form of action

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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There shall be one form of action, to be known as ‘‘civil action.’’

History

(Ga. L. 1966, p. 609, § 2.)

Annotations

Cross references. - Definition of ‘‘civil action’’ for purposes of title generally, § 9-2-1. U.S. Code. - For provisions of Federal Rules of Civil Procedure, Rule 2, and annotations pertaining thereto, see 28 U.S.C. Law reviews. - For article surveying

developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981). For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For article, ‘‘The Civil Jurisdiction of State and Magistrate Courts,’’ see 24 Ga. St. B.J. 29 (1987).

JUDICIAL DECISIONS This section furnishes a single uniform procedure by which a litigant may present a litigant’s claim in an orderly manner to a court empowered to give the litigant whatever relief is appropriate and just; the substantive and remedial principles that applied prior to it are not changed. Burnham v. Lynn, 235 Ga. 207, 219 S.E.2d 111 (1975). Jurisdictional distinctions between law and equity remain. Burnham v. Lynn, 235 Ga. 207, 219 S.E.2d 111 (1975). Cited in Adler v. Ormond, 117 Ga. App.

600, S.E.2d (1968); Times-Journal, Inc. v. Jonquil Broadcasting Co., 226 Ga. 673, 177 S.E.2d 64 (1970); Owens v. Cobb County, 230 Ga. 707, 198 S.E.2d 846 (1973); Caito v. State, 130 Ga. App. 831, 204 S.E.2d 765 (1974); Sikes v. Sikes, 233 Ga. 97, 209 S.E.2d 641 (1974); McGarvey v. Board of Zoning Appeals, 243 Ga. 714, 256 S.E.2d 781 (1979); Roe v. Doe, 246 Ga. 138, 268 S.E.2d 901 (1980); McNeal v. Paine, Webber, Jackson & Curtis, Inc., 249 Ga. 662, 293 S.E.2d 331 (1982); Pack v. Mahan, 294 Ga. 496, 755 S.E.2d 126 (2014).

RESEARCH REFERENCES Am. Jur. 2d. - 1 Am. Jur. 2d, Actions, §§ 18, 19. 27A Am. Jur. 2d, Equity, § 4. 32 Am. Jur. 2d, Federal Courts, §§ 17, 19, 20.

C.J.S. - 1A C.J.S., Actions, §§ 1 et seq., 84. 35A C.J.S., Federal Civil Procedure, §§ 34, 35, 40, 41.

ARTICLE 2 COMMENCEMENT OF ACTION AND SERVICE Law reviews. - For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For annual survey on trial

practice and procedure, see 61 Mercer L. Rev. 363 (2009).

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1984–2025 · leading case: The State v. Sass Grp., LLC (two Cases), 315 Ga. 893 (Ga. 2023).
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The State v. Sass Grp., LLC (two Cases), 315 Ga. 893 (Ga. 2023). · cites it 3× “See also OCGA §§ 9-11-2 (“There shall be one form of action, to be known as ‘civil action.”
Alvarez v. Sills, 365 S.E.2d 97 (Ga. 1988). · cites it 4× “OCGA § 9-11-2 provides: "There shall be one form of action, to be known as `civil action.”
Vaughan v. Vaughan, 317 S.E.2d 201 (Ga. 1984). · cites it 4× “We now have one form of action, OCGA § 9-11-2, whether legal or equitable, OCGA § 9-11-1.”
Pack v. Mahan, 755 S.E.2d 126 (Ga. 2014). · cites it 2× “Indeed, because the Civil Practice Act provides for “one form of action,” OCGA § 9-11-2, if the petition states a claim for either equitable or statutory partitioning, a court having the requisite jurisdiction and venue is authorized to proceed with a just and prompt…”
COE & PAYNE Co. v. Foster & Kleiser, Inc., 366 S.E.2d 292 (Ga. 1988). · cites it 2× “OCGA § 9-11-2 provides: “There shall be one form of action, to be known as ‘civil action.”
Alstep, Inc. v. State Bank & Trust Co., 745 S.E.2d 613 (Ga. 2013). · cites it 2× “This argument relies on the incorrect premise that the “litigation” referred to in § 9-8-1 is limited to a “civil action” under the Civil Practice Act (“CPA”), see OCGA § 9-11-2, but the CPA was enacted in 1966, long after the receivership statute.”
Warbler Investments, LLC v. City of Soc. Circle, 321 Ga. 125 (Ga. 2025). · cites it 2× “”); OCGA § 9-11-2 (providing that the only form of action 9 is a “civil action”).”
John Joseph Hildebrand, III v. City of Warner Robins (Ga. Ct. App. 2020). · cites it 2× “5 Because the ordinances were not properly before the trial court, the dismissal of Hildebrand’s mandamus claim pursuant to OCGA § 9-11-2 (b) (6) was premature. Nevertheless, Hildebrand neither enumerated as error nor argued in his brief before this Court that the trial court’s…”
Chestnut Ridge, LLC v. Hall Cnty. Bd. of Tax Assessors (Ga. 2025). · cites it 2× “” See also OCGA § 9-11-2 (“There shall be one form of action, to be known as ‘civil action.”
The State v. Sass Grp., LLC (two Cases) (Ga. 2023). “See also OCGA §§ 9-11-2 (“There shall be one form of action, to be known as ‘civil action.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.