Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448- Form for motion for new trial, § 5-5-42.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) SUMMONS To the above-named defendant: You are hereby summoned and required to file with the clerk of said court and serve upon __________, plaintiff's attorney, whose address is __________, an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. __________________________________ Clerk of court
(Ga. L. 1966, p. 609, § 101.)
- Pursuant to Code Section 28-9-5, in 2006, "(Clerk will insert number.)" was substituted for "Clerk will insert number.)" near the beginning of the form.
Cited in Tyree v. Jackson, 226 Ga. 690, 177 S.E.2d 160 (1970); Gresham v. Symmers, 227 Ga. 616, 182 S.E.2d 764 (1971); Lee v. G.A.C. Fin. Corp., 130 Ga. App. 44, 202 S.E.2d 221 (1973); Zachery v. Geiger Fin. Co., 130 Ga. App. 243, 202 S.E.2d 689 (1973); Chancey v. Hancock, 233 Ga. 734, 213 S.E.2d 633 (1975); DOT v. Massengale, 141 Ga. App. 70, 232 S.E.2d 608 (1977); Portis v. Evans, 249 Ga. 396, 291 S.E.2d 511 (1982).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
20A Am. Jur. Pleading and Practice Forms, Process, § 8.
- 71 C.J.S., Pleading, § 43 et seq.
- Omission of signature of issuing officer on civil process or summons as affecting jurisdiction of the person, 37 A.L.R.2d 928.
Pleading of election remedies, 99 A.L.R.2d 1315.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. 1. Defendant on or about June 1, 1965, executed and delivered to plaintiff a promissory note in the following words and figures: (here set out the note verbatim); (a copy of which is hereto annexed as Exhibit A); whereby defendant promised to pay to plaintiff or order on June 1, 1966, the sum of $10,000.00 with interest thereon at the rate of 6 percent per annum. 2. Defendant owes to plaintiff the amount of said note and interest. Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable). __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 103; Ga. L. 1980, p. 649, § 1.)
Cited in Ghitter v. Edge, 118 Ga. App. 750, 165 S.E.2d 598 (1968); A & D Barrel & Drum Co. v. Fuqua, 132 Ga. App. 827, 209 S.E.2d 272 (1974); Southeastern Plumbing Supply Co. v. Lee, 133 Ga. App. 470, 211 S.E.2d 418 (1974).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. Defendant owes plaintiff $10,000.00 according to the account hereto annexed as Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable). __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 104; Ga. L. 1980, p. 649, § 2.)
Cited in Robinson v. Reward Ceramic Color Mfg., Inc., 120 Ga. App. 380, 170 S.E.2d 724 (1969).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. Defendant owes plaintiff $10,000.00 for goods sold and delivered by plaintiff to defendant between June 1, 1966, and December 1, 1966. Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable). __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 105; Ga. L. 1980, p. 649, § 3.)
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. Defendant owes plaintiff $10,000.00 for money lent by plaintiff to defendant on June 1, 1966. Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable). __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 106; Ga. L. 1980, p. 649, § 4.)
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. Defendant owes plaintiff $10,000.00 for money paid by plaintiff to defendant by mistake on June 1, 1966, under the following circumstances: (Here state the circumstances with particularity). Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable). __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 107; Ga. L. 1980, p. 649, § 5.)
- For article, "2013 Georgia Corporation and Business Organization Case Law Developments," see 19 Ga. St. B.J. 28 (April 2014).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
- Recovery of tax paid under unconstitutional statute or ordinance, 48 A.L.R. 1381; 74 A.L.R. 1301.
Right to recover money voluntarily paid with knowledge of facts but under misapprehension as to legal rights or obligations, 53 A.L.R. 949.
Good faith in receiving payment made under mistake of fact as affecting its recovery, 87 A.L.R. 649.
Exception as regards payments to officers of court to rule preventing recovery back of payments made under mistake of law, 111 A.L.R. 637.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. Defendant owes plaintiff $10,000.00 for money had and received from one G.H. on June 1, 1966, to be paid by defendant to plaintiff. Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable). __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 108; Ga. L. 1980, p. 649, § 6.)
- Pursuant to Code Section 28-9-5, in 2006, a comma was inserted following "C.D." near the beginning of the form.
Cited in Dickey v. South Side Atlanta Bank, 118 Ga. App. 1, 162 S.E.2d 305 (1968); Department of Pub. Health v. Perry, 123 Ga. App. 816, 182 S.E.2d 493 (1971).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
- Right to recover money voluntarily paid with knowledge of facts but under misapprehension as to legal rights or obligations, 53 A.L.R. 949.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. 1. On June 1, 1966, on a public highway called Broad Street in Athens, Georgia, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway. 2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of $1,000.00. Wherefore, plaintiff demands judgment against defendant in the sum of $10,000.00 and costs. __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 109; Ga. L. 1980, p. 649, § 7.)
Cited in White v. Augusta Motel Hotel Inv. Co., 119 Ga. App. 351, 167 S.E.2d 161 (1969); Bulloch County Hosp. Auth. v. Fowler, 124 Ga. App. 242, 183 S.E.2d 586 (1971); Dillingham v. Doctors Clinic, 135 Ga. App. 736, 219 S.E.2d 2 (1975).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
18B Am. Jur. Pleading and Practice Forms, Negligence, § 227.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D. and E.F., ) (Clerk will insert Defendants ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. (Add appropriate statement about domicile of defendant E.F.) 1. On June 1, 1966, on a public highway called Broad Street in Athens, Georgia, defendant C.D. or defendant E.F., or both defendants C.D. and E.F., willfully or recklessly or negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway. 2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of $1,000.00. Wherefore, plaintiff demands judgment against C.D. or against E.F. or against both in the sum of $10,000.00 and costs. __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 110; Ga. L. 1980, p. 649, § 8.)
Cited in White v. Augusta Motel Hotel Inv. Co., 119 Ga. App. 351, 167 S.E.2d 161 (1969); Bulloch County Hosp. Auth. v. Fowler, 124 Ga. App. 242, 183 S.E.2d 586 (1971); Dillingham v. Doctors Clinic, 135 Ga. App. 736, 219 S.E.2d 2 (1975).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE ________ COURT OF ________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. ________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of ________ (street), ________ (city), ________ County, Georgia, and is subject to the jurisdiction of this court. On or about December 1, 1966, defendant converted to his own use ten bonds of the ______________ Company (here insert brief identification as by number and issue) of the value of $10,000.00, the property of plaintiff. Wherefore, plaintiff demands judgment against defendant in the sum of $10,000.00, interest, and costs. ________________________ Attorney for plaintiff ________________________ Address
(Ga. L. 1966, p. 609, § 111; Ga. L. 1980, p. 649, § 9; Ga. L. 1984, p. 22, § 9.)
Cited in Charles S. Martin Distrib. Co. v. Indon Indus. Inc., 134 Ga. App. 179, 213 S.E.2d 900 (1975); Prudential Ins. Co. of Am. v. Baum, 629 F. Supp. 466 (N.D. Ga. 1986).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
7A Am. Jur. Pleading and Practice Forms, Conversion, § 2.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. 1. On or about December 1, 1966, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A. 2. In accordance with said agreement, plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance. 3. Plaintiff now offers to pay the purchase price. Wherefore, plaintiff demands: (1) That defendant be required specifically to perform said agreement, (2) Damages in the sum of $1,000.00, and (3) That, if specific performance is not granted, plaintiff have judgment against defendant in the sum of $10,000.00. __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 112; Ga. L. 1980, p. 649, § 10.)
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D. and E.F., ) (Clerk will insert Defendants ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. (Add appropriate statement about domicile of defendant E.F.) 1. Defendant C.D. on or about ______________ executed and delivered to plaintiff a promissory note in the following words and figures: (here set out the note verbatim); (a copy of which is hereto annexed as Exhibit A); whereby defendant C.D. promised to pay to plaintiff or order on _____________ the sum of $5,000.00 with interest thereon at the rate of ________ percent per annum. 2. Defendant C.D. owes to plaintiff the amount of said note and interest. 3. Defendant C.D. on or about ______________ conveyed all his property, real and personal (or specify and describe), to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above-referred to.
Wherefore, plaintiff demands:
(3) That plaintiff have judgment against the defendants for costs.
__________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 113; Ga. L. 1980, p. 649, § 11.)
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. 1. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at ________ and known as Tunnel No. ________. 2. On or about June 1, 1966, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce. 3. In the course of thus repairing and enlarging the tunnel on said day, defendant employed plaintiff as one of its workmen and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported. 4. By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to the defendant's orders, struck and crushed by a rock which fell from the unsupported portion of the tunnel and was (here describe plaintiff's injuries). 5. Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning $ ______________ per day. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of $ ________ for medicine, medical attendance, and hospitalization. Wherefore, plaintiff demands judgment against defendant in the sum of $ ______________ and costs. __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 114; Ga. L. 1980, p. 649, § 12.)
Cited in White v. Augusta Motel Hotel Inv. Co., 119 Ga. App. 351, 167 S.E.2d 161 (1969); Dillingham v. Doctors Clinic, 135 Ga. App. 736, 219 S.E.2d 2 (1975).
- What employees are engaged in interstate commerce within the Federal Employers' Liability Act, 10 A.L.R. 1184; 14 A.L.R. 732; 24 A.L.R. 634; 29 A.L.R. 1207; 49 A.L.R. 1339; 65 A.L.R. 613; 77 A.L.R. 1374; 90 A.L.R. 846.
Applicability of state statutes and rules of law to actions under Federal Employers' Liability Act, 36 A.L.R. 917; 89 A.L.R. 693.
Railroad employee injured while engaged in removing weeds, brush, etc., from roadbed or right of way, as within Federal Employers' Liability Act, 143 A.L.R. 481.
Right of foreign domiciliary, or of ancillary, personal representative to maintain action for death under Federal Employers' Liability Act, 163 A.L.R. 1284.
Applicability of state practice and procedure in Federal Employers' Liability Act actions brought in state courts, 79 A.L.R.2d 553.
IN THE ________ COURT OF ________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. ________ C.D., E.F., and X.Y., ) (Clerk will insert Defendants ) number.) COMPLAINT The defendant C.D., herein named, is a resident of ________ (street), ________ (city), ________ County, Georgia, and is subject to the jurisdiction of this court. (Add appropriate statement about domicile of remaining defendants.) 1. On or about June 1, 1965, plaintiff issued to G.H. a policy of life insurance whereby plaintiff promised to pay to K.L. as beneficiary the sum of $10,000.00 upon the death of G.H. The policy required the payment by G.H. of a stipulated premium on June 1, 1966, and annually thereafter as a condition precedent to its continuance in force. 2. No part of the premium due June 1, 1966, was ever paid and the policy ceased to have any force or effect after July 1, 1966. 3. Thereafter, on September 1, 1966, G.H. and K.L. died as the result of a collision between a locomotive and the automobile in which G.H. and K.L. were riding. 4. Defendant C.D. is the duly appointed and acting executor of the will of G.H., defendant E.F. is the duly appointed and acting executor of the will of K.L., and defendant X.Y. claims to have been duly designated as beneficiary of said policy in place of K.L. 5. Each of the defendants, C.D., E.F., and X.Y., is claiming that the above-mentioned policy was in full force and effect at the time of the death of G.H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof. 6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy if it was in force at the time of death of G.H. Wherefore, plaintiff demands that the court adjudge: (1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof. (2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof. (3) That, if the court shall determine that said policy was in force at the death of G.H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy. (4) That plaintiff recover its costs. __________________________ Attorney for plaintiff __________________________ Address
(Ga. L. 1966, p. 609, § 120; Ga. L. 1980, p. 649, § 13; Ga. L. 1984, p. 22, § 9; Ga. L. 2006, p. 72, § 9/SB 465.)
- Insurance: facility of payment clause, 166 A.L.R. 10.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant ) MOTION TO DISMISS The defendant moves the court as follows: 1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted. 2. (Additional defenses under subsection (b) of Code Section 9-11-12.) __________________________________ Attorney for defendant __________________________________ Address NOTICE OF MOTION To: ________________________ Attorney for plaintiff Please take notice that the undersigned will bring the above motion on for hearing before this court at ________, on the ________ day of ______, ______, at ____: _ _.M. or as soon thereafter as counsel can be heard. __________________________________ Attorney for defendant __________________________________ Address
(Ga. L. 1966, p. 609, § 121; Ga. L. 1980, p. 649, § 14; Ga. L. 1999, p. 81, § 9.)
Cited in Zappa v. Allstate Ins. Co., 118 Ga. App. 235, 162 S.E.2d 911 (1968); Miller v. Alderhold, 228 Ga. 65, 184 S.E.2d 172 (1971); Brock v. Pennsylvania Nat'l Mut. Cas. Ins. Co., 140 Ga. App. 110, 230 S.E.2d 37 (1976); Prudential Timber & Farm Co. v. Collins, 144 Ga. App. 849, 243 S.E.2d 80 (1978); Dallas Blue Haven Pools, Inc. v. Taslimi, 180 Ga. App. 734, 350 S.E.2d 265 (1986).
19B Am. Jur. Pleading and Practice Forms, Pleading, § 311.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant ) ANSWER First Defense The complaint fails to state a claim against defendant upon which relief can be granted. Second Defense If defendant is indebted to plaintiff for the goods mentioned in the complaint, he is indebted to him jointly with G.H. G.H. is alive, is subject to the jurisdiction of the court, and has not been made a party. Third Defense Defendant admits the allegations contained in paragraphs 1 and 4 of the complaint, alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint, and denies each and every other allegation contained in the complaint. Fourth Defense The right of action set forth in the complaint did not accrue within six years next before the commencement of this action. COUNTERCLAIM (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.) CROSS-CLAIM AGAINST DEFENDANT M.N. (Here set forth the claim constituting a cross-claim against defendant M.N. in the manner in which a claim is pleaded in a complaint.) __________________________________ Attorney for defendant __________________________________ Address
(Ga. L. 1966, p. 609, § 122; Ga. L. 1980, p. 649, § 15.)
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant ) ANSWER Defense Defendant denies the allegations stated to the extent set forth in the counterclaim herein. COUNTERCLAIM FOR INTERPLEADER 1. Defendant received the sum of $10,000.00 as a deposit from E.F. 2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E.F. 3. E.F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit. Wherefore, defendant demands: (1) That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim. (2) That the court order the plaintiff and E.F. to interplead their respective claims. (3) That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money. (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money. (5) That the court award to the defendant its costs and attorney's fees. __________________________________ Attorney for defendant __________________________________ Address
(Ga. L. 1966, p. 609, § 123; Ga. L. 1980, p. 649, § 16.)
Cited in Insurance Co. of N. Am. v. Citizens Bank, 225 Ga. 347, 168 S.E.2d 578 (1969); Evans v. Cushing Properties, 197 Ga. App. 380, 398 S.E.2d 306 (1990).
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant and Third- ) Party Plaintiff ) v. ) ) E.F., ) Third-Party Defendant ) SUMMONS To the above-named third-party defendant: You are hereby summoned and required to file with the clerk of said court and serve upon __________, plaintiff's attorney whose address is ________, and upon ________, who is attorney for C.D., defendant and third-party plaintiff, and whose address is ________, an answer to the third-party complaint which is herewith served upon you, within 30 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer. __________________________________ Clerk of court ______________________________________________________________________________ IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant and Third- ) Party Plaintiff ) ) v. ) ) E.F., ) Third-Party Defendant ) THIRD-PARTY COMPLAINT 1. Plaintiff, A.B., has filed against defendant, C.D., a complaint, a copy of which is hereto attached as "Exhibit A." A copy of all other pleadings filed prior to the filing of this third-party complaint is hereto attached as "Exhibit B." 2. (Here state the grounds upon which C.D. is entitled to recover from E.F. all or part of what A.B. may recover from C.D. The statements should be framed as in an original complaint.) Wherefore, C.D. demands judgment against third-party defendant E.F. for all sums that may be adjudged against defendant C.D. in favor of plaintiff A.B. __________________________________ Attorney for C.D., third-party plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 124; Ga. L. 1969, p. 979, § 2.)
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
20A Am. Jur. Pleading and Practice Forms, Process, § 8.
- 71 C.J.S., Pleading, § 43 et seq.
- Omission of signature of issuing officer on civil process or summons as affecting jurisdiction of the person, 37 A.L.R.2d 928.
IN THE ________ COURT OF ________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) v. ) Civil action C.D., ) File no. ________ Defendant ) E.F., ) Applicant for Intervention ) MOTION TO INTERVENE AS A DEFENDANT E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that __________________. ______________________________ Attorney for E.F., applicant for intervention ______________________________ Address NOTICE OF MOTION (Contents the same as in Code Section 9-11-119) ________ IN THE ________ COURT OF ________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) v. ) Civil action C.D., ) File no. ________ Defendant ) E.F., ) Intervenor ) INTERVENOR'S ANSWER First Defense Intervenor admits the allegations stated in paragraphs 1 and 4 of the complaint, denies the allegations in paragraph 3, and denies the allegations in paragraph 2 insofar as they assert the ____________________________________ ______________________________________. Second Defense (Set forth defenses) ____________________________ Attorney for E.F., intervenor ____________________________ Address (Like form if intervention is as plaintiff).
(Ga. L. 1966, p. 609, § 125; Ga. L. 1984, p. 22, § 9.)
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant ) MOTION FOR PRODUCTION OF DOCUMENTS Plaintiff A.B. moves the court for an order requiring defendant C.D.: 1. To produce and to permit plaintiff to inspect and to copy each of the following documents: (Here list the documents and describe each of them). 2. To produce and to permit plaintiff to inspect and to photograph each of the following objects: (Here list the objects and describe each of them). 3. To permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph (here describe the portion of the real property and the objects to be inspected and photographed). Defendant C.D. has the possession, custody, or control of each of the foregoing documents and objects and of the above-mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit A hereto attached. __________________________________ Attorney for plaintiff __________________________________ Address NOTICE OF MOTION (Contents the same as in Code Section 9-11-119) EXHIBIT A AFFIDAVIT State of __________, County of __________ A.B., being first duly sworn says: 1. (Here set forth all that plaintiff knows which shows that defendant has the papers or objects in his possession or control.) 2. (Here set forth all that plaintiff knows which shows that each of the above-mentioned items is relevant to some issue in the action.) Sworn to and subscribed __________________________ before me this ________ A.B. day of ______, ______. __________________________ Address
(Ga. L. 1966, p. 609, § 126; Ga. L. 1980, p. 649, § 17; Ga. L. 1999, p. 81, § 9; Ga. L. 2015, p. 5, § 9/HB 90.)
The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, revised punctuation in this Code section.
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant ) REQUEST FOR ADMISSION OF FACTS AND GENUINENESS OF DOCUMENTS Plaintiff A.B. requests defendant C.D. within ______ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents exhibited with this request is genuine: (Here list the documents and describe each document). 2. That each of the following statements is true: (Here list the statements). __________________________________ Attorney for plaintiff __________________________________ Address
(Ga. L. 1966, p. 609, § 127; Ga. L. 1980, p. 649, § 18.)
Cited in A & D Barrel & Drum Co. v. Fuqua, 132 Ga. App. 827, 132 S.E.2d 272 (1974).
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant ) JUDGMENT This action came on for trial before the court and a jury, Honorable John Marshall, presiding, and the issue having been duly tried and the jury having duly rendered its verdict, It Is Ordered and Adjudged (That the plaintiff A.B. recover of the defendant C.D. the sum of $ ______, with interest thereon at the rate of ____ percent as provided by law, and his costs of action.) or (That the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C.D. recover of the plaintiff A.B. his costs of action.) Dated at ________, Georgia, this ______ day of ________, ______. __________________________________ Judge
(Ga. L. 1966, p. 609, § 133; Ga. L. 1980, p. 649, § 19; Ga. L. 1999, p. 81, § 9.)
- 71 C.J.S., Pleading, § 43 et seq.
IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant ) JUDGMENT This action came on for (trial) (hearing) before the court, Honorable John Marshall, presiding, and the issues having been duly (tried) (heard) and a decision having been duly rendered, It Is Ordered and Adjudged (That the plaintiff A.B. recover of the defendant C.D. the sum of $______, with interest thereon at the rate of ______ percent as provided by law, and his costs of action.) or (That the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C.D. recover of the plaintiff A.B. his costs of action.) Dated at ________, Georgia, this ______ day of ________, ______. __________________________________ Judge
(Ga. L. 1966, p. 609, § 134; Ga. L. 1980, p. 649, § 20; Ga. L. 1982, p. 3, § 9; Ga. L. 1999, p. 81, § 9.)
- 71 C.J.S., Pleading, § 43 et seq.
15 Am. Jur. Pleading and Practice Forms, Judges, § 80.
The Judicial Council of Georgia, with the approval of the Supreme Court, shall promulgate forms to be used for civil case filing and disposition information; provided, however, that the general civil case filing information form and domestic relations case filing information form shall be required to contain an acknowledgment by the filer that the complaint and any exhibits or other attachments satisfy the redaction requirements of Code Section 9-11-7.1.
(Code 1981, §9-11-133, enacted by Ga. L. 2000, p. 850, § 3; Ga. L. 2007, p. 554, § 4/HB 369; Ga. L. 2010, p. 878, § 9/HB 1387; Ga. L. 2013, p. 141, § 9/HB 79; Ga. L. 2014, p. 482, § 3/SB 386; Ga. L. 2017, p. 632, § 1-1/SB 132.)
The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsections (b) and (c).
The 2014 amendment, effective July 1, 2014, in the first sentence of subsection (a), substituted "shall be sufficient" for "are sufficient" and added a proviso at the end. See Editor's note for applicability.
The 2017 amendment, effective January 1, 2018, rewrote subsection (a) and deleted subsections (b), (c), and (d).
- Ga. L. 2000, p. 850, § 10, not codified by the General Assembly, provides that the enactment of this Code section is applicable to civil actions commenced in superior or state court on or after July 1, 2000.
Ga. L. 2007, p. 554, § 1/HB 369, not codified by the General Assembly, provides: "The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship."
Ga. L. 2007, p. 554, § 8/HB 369, not codified by the General Assembly, provides that the 2007 amendment shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
Ga. L. 2014, p. 482, § 10/SB 386, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to any filings made on or after July 1, 2014.
Cited in GMC Group, Inc. v. Harsco Corp., 293 Ga. App. 707, 667 S.E.2d 916 (2008); Batesville Casket Co. v. Watkins Mortuary, Inc., 293 Ga. App. 854, 668 S.E.2d 476 (2008).
No results found for Georgia Code 9-11-80.