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2018 Georgia Code 9-2-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-2-1 Case Law from Google Scholar Amendments to OCGA 9-2-1

TITLE 9 CIVIL PRACTICE

Section 2. Actions Generally, 9-2-1 through 9-2-63.

ARTICLE 1 GENERAL PROVISIONS

9-2-1. Definitions.

As used in this title, the term:

  1. "Action" means the judicial means of enforcing a right.
  2. "Civil action" means an action founded on private rights, arising either from contract or tort.
  3. "Penal action" means an action allowed in pursuance of public justice under particular laws.

(Orig. Code 1863, §§ 3175, 3177, 3178; Code 1868, §§ 3186, 3188, 3189; Code 1873, §§ 3251, 3253, 3254; Code 1882, §§ 3251, 3253, 3254; Civil Code 1895, §§ 4930, 4932, 4933; Civil Code 1910, §§ 5507, 5509, 5510; Code 1933, §§ 3-101, 3-102, 3-103.)

Cross references.

- Status of "civil action" as single form of action for purposes of Civil Practice Act, § 9-11-2.

For corresponding provision relating to criminal procedure, § 17-1-2.

JUDICIAL DECISIONS

"Action" and "cause of action" distinguished.

- Word "action," as defined by this section, differs from a cause of action in that the latter is the right itself. Alexander v. Dean, 29 Ga. App. 722, 116 S.E. 643 (1923).

Object of action.

- The object of an "action," as defined by this section, is to redress or prevent a wrong. Southern Ry. v. State, 116 Ga. 276, 42 S.E. 508 (1902); Citizens' & S. Nat'l Bank v. Hendricks, 176 Ga. 692, 168 S.E. 313 (1933).

Petition of an immediate writ of possession is an "action" within the meaning of O.C.G.A. § 9-2-1. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 469 S.E.2d 222 (1996).

Levy of an execution is a "judicial means" provided by law for "enforcing a right." Miller County v. Bush, 28 Ga. App. 130, 110 S.E. 515 (1922).

Cited in George v. Gardner, 49 Ga. 441 (1873); Mitchell v. Georgia R.R., 68 Ga. 644 (1882); Nixon v. Nixon, 196 Ga. 148, 26 S.E.2d 711 (1943); Pate v. Taylor Chem. Co., 88 Ga. App. 127, 76 S.E.2d 131 (1953); Malone v. Clark, 109 Ga. App. 134, 135 S.E.2d 517 (1964); First Nat'l Bank & Trust Co. v. McNatt, 141 Ga. App. 6, 232 S.E.2d 356 (1977); Cooper v. Public Fin. Corp., 146 Ga. App. 250, 246 S.E.2d 684 (1978); Buckler v. DeKalb County Bd. of Tax Assessors, 288 Ga. App. 332, 654 S.E.2d 184 (2007).

RESEARCH REFERENCES

C.J.S.

- 1A C.J.S., Actions, §§ 1, 74 et seq., 83. 7A C.J.S., Attorney General, § 65 et seq.

ALR.

- Effect of action as an election of remedy or choice of substantive rights in case of fraud in sale of property, 123 A.L.R. 378.

Cases Citing O.C.G.A. § 9-2-1

Total Results: 15  |  Sort by: Relevance  |  Newest First

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Hous. Auth. of Savannah v. Greene, 383 S.E.2d 867 (Ga. 1989).

Cited 56 times | Published | Supreme Court of Georgia | Sep 28, 1989 | 259 Ga. 435

...We agree with the reasoning of the Court of Appeals in this case that the statute is applicable here, since the third-party complaint does allege professional malpractice, and asserts a claim for damages. Under the Civil Practice Act, an "action" is defined as meaning "the judicial means of enforcing a right." OCGA § 9-2-1 (1)....
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The State v. Sass Grp., LLC (two Cases), 315 Ga. 893 (Ga. 2023).

Cited 31 times | Published | Supreme Court of Georgia | Mar 15, 2023

...See, e.g., OCGA § 9-3-70 (defining an “action for medical malpractice” as meaning “any claim for damages resulting from the death of or injury to any person”). Indeed, the Civil Practice Act broadly defines an “action” as a “judicial means of enforcing a right.” OCGA § 9-2-1. See also Housing Auth. of Savannah v. Greene, 259 Ga. 435, 437 (2) (383 SE2d 867) (1989) (considering a third-party complaint an “action” under OCGA § 9-2-1); Buckler v....
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Bagley v. Shortt, 410 S.E.2d 738 (Ga. 1991).

Cited 16 times | Published | Supreme Court of Georgia | Dec 2, 1991 | 261 Ga. 762

...(c) A third amicus curiae suggests, as a possible compromise, a punitive damage maximum of $250,000 against each defendant, notwithstanding the number of plaintiffs. 3. (a) Initially, it might appear that "case" is synonymous with "action," as defined by OCGA § 9-2-1(1) ("the judicial means of enforcing a right"); or "civil action" ("an action founded on private rights, arising either from contract or tort". OCGA § 9-2-1(3).) Given such a meaning, the maximum award of punitive damages would be $250,000—without regard to the number of plaintiffs, the number of defendants, or the number of theories of recovery....
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Williams v. the Stats, 315 Ga. 498 (Ga. 2023).

Cited 12 times | Published | Supreme Court of Georgia | Feb 7, 2023

...before Article 6 Probate Courts” (emphasis supplied)). While the CPA does not define “actions of a civil nature,” it provides that “‘[c]ivil action’ means an action founded on private rights, arising either from contract or tort,” OCGA § 9-2-1, and the Georgia Code defines “civil case” in the context of probate courts as “those civil matters” that meet certain conditions....
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West v. Fulton Cnty., 479 S.E.2d 722 (Ga. 1997).

Cited 10 times | Published | Supreme Court of Georgia | Jan 21, 1997 | 267 Ga. 456, 97 Fulton County D. Rep. 209

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COE & PAYNE Co. v. Foster & Kleiser, Inc., 366 S.E.2d 292 (Ga. 1988).

Cited 8 times | Published | Supreme Court of Georgia | Apr 7, 1988 | 258 Ga. 161

...e agent for service; the same person served as vice-president for both corporations; and both corporations occupy the same local address in Atlanta. 3. OCGA § 9-11-2 provides: "There shall be one form of action, to be known as `civil action.'" OCGA § 9-2-1 provides, in part, as follows: "As used in this title, the term: (1) `Action' means the judicial means of enforcing a right....
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Joyner v. Leaphart, 875 S.E.2d 729 (Ga. 2022).

Cited 7 times | Published | Supreme Court of Georgia | Jun 22, 2022 | 314 Ga. 1

...If a plaintiff who has dismissed an action in any court commences an action based upon or including the same 10 used in Title 9, an “action” is simply “the judicial means of enforcing a right.” OCGA § 9-2-1 (1)....
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Workman v. Rl Bb Acq I-ga Cvl, LLC, 303 Ga. 693 (Ga. 2018).

Cited 6 times | Published | Supreme Court of Georgia | May 21, 2018

...Center, 315 Ga. App. 582, 586, n. 7 (726 SE2d 544) (2012), this interpretation is an unreasonably narrow reading and application of the plain language. Though not mentioned by the Court of Appeals, the phrase “civil action” is defined in OCGA § 9-2-1 (2) as “an action founded on private rights, arising either from contract or tort.” (Emphasis supplied.) There is no question that the action initiated here by Appellee sounds in contract, and nothing in OCGA § 9- 2-1 (2) suggests that such an “action” concludes at judgment....
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Workman v. Rl Bb Acq I-ga Cvl, LLC, 814 S.E.2d 696 (Ga. 2018).

Cited 5 times | Published | Supreme Court of Georgia | May 21, 2018

...Upson Regional Medical Center, 315 Ga. App. 582, 586, n. 7, 726 S.E.2d 544 (2012), this interpretation is an unreasonably narrow reading and application of the plain language. Though not mentioned by the Court of Appeals, the phrase "civil action" is defined in OCGA § 9-2-1 (2) as "an action founded on *699private rights, either from contract or tort." (Emphasis supplied.) There is no question that the action initiated here by Appellee sounds in contract, and nothing in OCGA § 9-2-1 (2) suggests that such an "action" concludes at judgment....
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Thurmond v. Sovereign Camp Woodmen of World, 171 Ga. 446 (Ga. 1930).

Cited 5 times | Published | Supreme Court of Georgia | Nov 14, 1930 | 155 S.E. 760

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In re Shearouse, 266 Ga. 848 (Ga. 1996).

Cited 2 times | Published | Supreme Court of Georgia | Jul 1, 1996 | 472 S.E.2d 294, 96 Fulton County D. Rep. 2450

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G & M Quality Builders, Inc. v. Dennison, 256 Ga. 617 (Ga. 1987).

Cited 1 times | Published | Supreme Court of Georgia | Jan 14, 1987 | 351 S.E.2d 622

Chestnut Ridge, LLC v. Hall Cnty. Bd. of Tax Assessors (Ga. 2025).

Published | Supreme Court of Georgia | Dec 9, 2025 | 351 S.E.2d 622

...or declaratory judgment or as a part of any other action, regardless of whether there is a claim for declaratory judgment. The question then is what it means to be “a part of any other action.” “Action” is broadly defined under OCGA § 9-2-1 as “the judicial means of enforcing a right.” 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).

Published | Supreme Court of Georgia | Mar 15, 2023 | 351 S.E.2d 622

...See, e.g., OCGA § 9-3-70 (defining an “action for medical malpractice” as meaning “any claim for damages resulting from the death of or injury to any person”). Indeed, the Civil Practice 17 Act broadly defines an “action” as a “judicial means of enforcing a right.” OCGA § 9-2-1. See also Housing Auth. of Savannah v. Greene, 259 Ga. 435, 437 (2) (383 SE2d 867) (1989) (considering a third-party complaint an “action” under OCGA § 9-2-1); Buckler v....

Camden Cnty. v. Sweatt, Judge (Ga. 2023).

Published | Supreme Court of Georgia | Feb 7, 2023 | 351 S.E.2d 622

...2.7 (B) (allowing parties to intervene “in civil cases before Article 6 Probate Courts” (emphasis supplied)). While the CPA does not define “actions of a civil nature,” it provides that “‘[c]ivil action’ means an action founded on private rights, arising either from contract or tort,” OCGA § 9-2-1, and the Georgia Code defines “civil case” in the context of probate courts as “those civil matters” that meet certain conditions....