2018 Georgia Code Annotated

TITLE 9 CIVIL PRACTICE

Chap.

• 1. General Provisions, Reserved.
• 2. Actions Generally, 9-2-1 through 9-2-63.
• 3. Limitations of Actions, 9-3-1 through 9-3-115.
• 4. Declaratory Judgments, 9-4-1 through 9-4-10.
• 5. Injunctions, 9-5-1 through 9-5-11.
• 6. Extraordinary Writs, 9-6-1 through 9-6-66.
• 7. Auditors, 9-7-1 through 9-7-23.
• 8. Receivers, 9-8-1 through 9-8-14.
• 9. Arbitration, 9-9-1 through 9-9-84.
• 10. Civil Practice and Procedure Generally, 9-10-1 through 9-10-204.
• 11. Civil Practice Act, 9-11-1 through 9-11-133.
• 12. Verdict and Judgment, 9-12-1 through 9-12-138.
• 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.
• 14. Habeas Corpus, 9-14-1 through 9-14-53.
• 15. Court and Litigation Costs, 9-15-1 through 9-15-15.
• 16. Uniform Civil Forfeiture Procedure Act, 9-16-1 through 9-16-22.

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

Reserved Article 1

General Provisions. Article 2

• 9-2-1. Definitions.
• 9-2-2. Actions in personam; actions in rem.
• 9-2-3. Remedy for every right.
• 9-2-4. Pursuit of consistent or inconsistent remedies.
• 9-2-5. Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception.
• 9-2-6. Demand prior to action not necessary.
• 9-2-7. Implied promise to pay for services or property.
• 9-2-8. Private rights of action not created unless expressly stated.

Parties. Article 3

• 9-2-20. Parties to actions on contracts; action by beneficiary.
• 9-2-21. Parties to actions for torts; notice to Department of Community Health for a party who has received medical assistance benefits.
• 9-2-22. Joinder of defendants in action for deficiencies in construction.
• 9-2-23. Separate action by tenant in common.
• 9-2-24. Action by unincorporated association.
• 9-2-25. Action against unincorporated association; service of process; venue; what property bound by judgment.
• 9-2-26. Prosecution of action against less than all joint contractors or copartners.
• 9-2-27. Action against representative of joint obligor.
• 9-2-28. Effect of action by minor alone.
• 9-2-29. Plaintiff in penal action.
• 9-2-30. Substitution of plaintiff's spouse or others in action on chose in action assigned as year's support.

Abatement. Article 4

• 9-2-40. No abatement on death of party where cause survives.
• 9-2-41. Nonabatement of tort actions; survival of cause; no punitive damages against representative.
• 9-2-42. Death of one or more codefendants; suggestion of record.
• 9-2-43. No abatement where some defendants not liable.
• 9-2-44. Effect of former recovery; pendency of former action.
• 9-2-45. No abatement for pendency of action in another state.
• 9-2-46. Institution of action on same cause in other state; setting case in this state; postponement limited.
• 9-2-47. Precedence of first filed informer's action; abatement of others.

Dismissal and Renewal. Cross references. - Derivative actions, § 14-2-123.

• 9-2-60. Dismissal for want of prosecution; costs; recommencement within six months.
• 9-2-61. Renewal of case after dismissal.
• 9-2-62. Retraxit and dismissal or discontinuance distinguished.
• 9-2-63. Affidavit of indigence for renewal of action.

Chapter 3. Limitations of Actions, 9-3-1 through 9-3-115.

Article 1 General Provisions.

• 9-3-1. Limitations against the state.
• 9-3-2. Limitations against municipalities.
• 9-3-3. Applicability of limitation statutes; equitable bar.
• 9-3-4. Limitations as to trusts [Repealed].
• 9-3-5. Beneficiaries barred along with trustee.
• 9-3-6. Applicability of limitations to setoffs.
• 9-3-7. When mutual accounts postpone running of limitations.

Article 2 Specific Periods of Limitation.

• 9-3-20. Actions on foreign judgments.
• 9-3-21. Proceedings to set aside judgments [Repealed].
• 9-3-22. Enforcement of rights under statutes, acts of incorporation; recovery of wages, overtime, and damages.
• 9-3-23. Sealed instruments.
• 9-3-24. Actions on simple written contracts; exceptions.
• 9-3-25. Open accounts; breach of certain contracts; implied promise; exception.
• 9-3-26. Other actions on contracts; exception.
• 9-3-27. Actions against fiduciaries.
• 9-3-28. Actions by informers.
• 9-3-29. Breach of restrictive covenant.
• 9-3-30. Trespass or damage to realty.
• 9-3-30.1. Actions against manufacturers or suppliers of asbestos or material containing asbestos.
• 9-3-30.2. Actions against persons engaged in land surveying.
• 9-3-31. Injuries to personalty.
• 9-3-32. Accrual of actions for recovery of personal property or loss of timber; damages for conversion or destruction.
• 9-3-33. Injuries to the person; injuries to reputation; loss of consortium; exception.
• 9-3-33.1. Actions for childhood sexual abuse.
• 9-3-34. Article not applicable to malpractice.
• 9-3-35. Actions by creditor seeking relief under Uniform Voidable Transactions Act.

Article 3 Limitations on Recovery for

Deficiencies Connected with Improvements to Realty

and Resulting Injuries. Article 4

• 9-3-50. Definitions.
• 9-3-51. Limitations on recovery for deficiency in planning, supervising, or constructing improvement to realty or for resulting injuries to property or person.
• 9-3-52. Limitation not available to owner or tenant.
• 9-3-53. Period of limitations not extended.

Limitations for Malpractice Actions. Article 5

• 9-3-70. "Action for medical malpractice" defined.
• 9-3-71. General limitation.
• 9-3-72. Foreign objects left in body.
• 9-3-73. Certain disabilities and exceptions applicable.
• 9-3-74. Barred actions not revived.

Tolling of Limitations. Article 6

• 9-3-90. Individuals under disability or imprisoned when cause of action accrues.
• 9-3-91. Disabilities suffered after accrual of cause.
• 9-3-92. Five-year tolling for unrepresented estate - In favor of estate.
• 9-3-93. Five-year tolling for unrepresented estate - In favor of creditors.
• 9-3-94. Removal of defendant from state.
• 9-3-95. Disability of one or more with joint right of action; effect of severability.
• 9-3-96. Tolling of limitations for fraud of defendant.
• 9-3-97. Limitations extended for counterclaims and cross-claims.
• 9-3-97.1. Tolling of limitations for medical malpractice.
• 9-3-98. Applicability of article.
• 9-3-99. Tolling of limitations for tort actions while criminal prosecution is pending.

Revival. Cross references. - Limitation of action which is renewed after discontinuance or dismissal, § 9-2-61.

• 9-3-110. New promise to be in writing.
• 9-3-111. Written promise following discharge in bankruptcy.
• 9-3-112. Payment or written acknowledgment equivalent to new promise.
• 9-3-113. Effect of new promise.
• 9-3-114. Whom new promise by joint contractor binds.
• 9-3-115. Effect of new promise by partner.

Chapter 4. Declaratory Judgments, 9-4-1 through 9-4-10.

• 9-4-1. Purpose and construction of chapter.
• 9-4-2. Declaratory judgments authorized; force and effect.
• 9-4-3. Further relief; interlocutory extraordinary relief to preserve status quo.
• 9-4-4. Declaratory judgments involving fiduciaries.
• 9-4-5. Filing and service; time of trial; drawing of jury.
• 9-4-6. Submission of fact issues to jury.
• 9-4-7. Only parties affected; when municipality made party; when Attorney General served and heard.
• 9-4-8. When court may refuse declaratory judgment.
• 9-4-9. Costs.
• 9-4-10. Equity jurisdiction not impaired.

Chapter 5. Injunctions, 9-5-1 through 9-5-11.

• 9-5-1. For what purposes injunctions may be issued.
• 9-5-2. No interference by equity in administration of criminal laws.
• 9-5-3. When court proceedings enjoined; injunctions against sheriffs' sales.
• 9-5-4. Grounds for restraint of trespass.
• 9-5-5. When waste enjoined.
• 9-5-6. Injunction against debtors not generally available to creditors.
• 9-5-7. When breach of contract for personal services enjoined.
• 9-5-8. Grant of injunctions in discretion of court; power to be exercised cautiously.
• 9-5-9. Second injunction in court's discretion.
• 9-5-10. Perpetual injunction after hearing.
• 9-5-11. Injunctions against certain transactions outside state.

Chapter 6. Extraordinary Writs, 9-6-1 through 9-6-66.

Article 1 General Provisions.

• 9-6-1. Final judgment prerequisite to appeal; grant of new trial subject to review.

Article 2 Mandamus.

• 9-6-20. When mandamus may issue.
• 9-6-21. Not a private remedy; enforcement of officer's discretionary acts.
• 9-6-22. Enforcement of officer's duties under Title 5.
• 9-6-23. Enforcement of corporation's public duty.
• 9-6-24. What interest required to enforce public right.
• 9-6-25. Loss prerequisite to enforcing private right.
• 9-6-26. Mandamus not granted where fruitless, nor on suspicion.
• 9-6-27. Time of hearing; notice; how and when issues of fact determined.
• 9-6-28. Appeal.

Article 3 Prohibition.

• 9-6-40. Prohibition counterpart of mandamus.
• 9-6-41. When writ granted; time for return; trial of fact issues.
• 9-6-42. Prohibition against executive and military officers; Governor exempt.

Article 4 Quo Warranto.

• 9-6-60. For what purpose quo warranto may issue; who may bring action.
• 9-6-61. Writ lies against civil and military officers; Governor exempt.
• 9-6-62. When granted; how issues of fact tried.
• 9-6-63. Service of writ and process.
• 9-6-64. How issues of law determined; time for final determination; appeal; application to issues of fact.
• 9-6-65. Jury trial where facts at issue; time of trial; continuances.
• 9-6-66. Disposition of books and papers by judgment.

Chapter 7. Auditors, 9-7-1 through 9-7-23.

• 9-7-1. Duties of auditor.
• 9-7-2. When facts referred to auditor; on application and notice; on court's own motion.
• 9-7-3. Appointment of auditor in matters of account; on application and notice; on court's own motion.
• 9-7-4. Appointment of person agreed on.
• 9-7-5. Where hearing held; notice of hearing; auditor's oath.
• 9-7-6. Powers of auditor generally.
• 9-7-7. Contempt referred to superior court.
• 9-7-8. Contents of report - Rulings, findings, and conclusions.
• 9-7-9. Contents of report - Motions and rulings; transcript; documentary evidence.
• 9-7-10. Contents of report - Evidence deemed inadmissible.
• 9-7-11. Written notice of filing report.
• 9-7-12. Report prima facie true.
• 9-7-13. When report recommitted.
• 9-7-14. Time for filing exceptions; classification; extension on application; what exceptions to specify.
• 9-7-15. Exceptions to matters outside record; certification by auditor or return with objections; application for mandamus; notice and hearing; effect of mandamus absolute.
• 9-7-16. Exceptions of law for judge.
• 9-7-17. When exceptions of fact tried by jury; burden of proof; right to open and conclude.
• 9-7-18. Trial on the record; what additional evidence introduced; what evidence excluded.
• 9-7-19. When new testimony considered; application; notice; rights of opposite party.
• 9-7-20. Form of jury's verdict.
• 9-7-21. Court to frame judgment or decree.
• 9-7-22. Auditor's fees.
• 9-7-23. Compensation of reporter; by whom paid.

Chapter 8. Receivers, 9-8-1 through 9-8-14.

• 9-8-1. Appointment of receiver - Grounds generally.
• 9-8-2. Appointment of receiver - To protect trust or joint property.
• 9-8-3. Appointment of receiver - To hold assets liable for debt; appointment without notice; terms.
• 9-8-4. Caution to be exercised in appointing receiver.
• 9-8-5. Intervention of persons asserting equitable remedies.
• 9-8-6. Lienholders made parties; divestment by receiver's sale.
• 9-8-7. Investment of funds in receivership.
• 9-8-8. Receiver an officer of court; subject to court's orders or removal.
• 9-8-9. To which court receivers of corporations amenable.
• 9-8-10. Receiver's bond.
• 9-8-11. Liability of receiver where bank fails.
• 9-8-12. Garnishment not available against receiver.
• 9-8-13. Award of attorneys' and receivers' fees; how determined.
• 9-8-14. Expenses of giving bond allowable as cost of administration.

Chapter 9. Arbitration, 9-9-1 through 9-9-84.

Article 1 General Provisions.

Part 1 ARBITRATION CODE.

• 9-9-1. Short title.
• 9-9-2. Applicability; exclusive method.
• 9-9-3. Effect of arbitration agreement.
• 9-9-4. Application to court; venue; service of papers; scope of court's consideration; application for order of attachment or preliminary injunction.
• 9-9-5. Limitation of time as bar to arbitration.
• 9-9-6. Application to compel or stay arbitration; demand for arbitration; consolidation of proceedings.
• 9-9-7. Appointment of arbitrators.
• 9-9-8. Time and place for hearing; notice; application for prompt hearing; conduct of hearing; right to counsel; record; waiver.
• 9-9-9. Power of subpoena; enforcement; use of discovery; opportunity to examine documents; compensation of witnesses.
• 9-9-10. Award to be in writing; copies furnished; time of making award; waiver.
• 9-9-11. When award changed; application for change; objection thereto; time for disposition of application.
• 9-9-12. Confirmation of award by court.
• 9-9-13. Vacation of award by court; application; grounds; rehearing; appeal of order.
• 9-9-14. Modification of award by court; application; grounds; subsequent confirmation of award.
• 9-9-15. Judgment on award.
• 9-9-16. Appeals authorized.
• 9-9-17. Arbitrators' fees and expenses.
• 9-9-18. Commencement or continuation of proceedings upon death or incompetency of party.

Part 2 INTERNATIONAL COMMERCIAL ARBITRATION CODE.

• 9-9-20. Short title; statement of purpose.
• 9-9-21. Applicability.
• 9-9-22. Definitions.
• 9-9-23. Interpretation.
• 9-9-24. Receipt of written communications.
• 9-9-25. Waiver of right to object to violations of arbitration agreement.
• 9-9-26. Judicial intervention and enforcement.
• 9-9-27. County where agreement to be enforced.
• 9-9-28. Arbitration agreements to be in writing; definitions.
• 9-9-29. Arbitration referrals.
• 9-9-30. Interim measures of protection.
• 9-9-31. Number of arbitrators.
• 9-9-32. Appointment of arbitrators; immunity from liability.
• 9-9-33. Arbitrator disclosure requirements; challenge of arbitrator for doubts as to impartiality or independence.
• 9-9-34. Procedure for challenging arbitrator.
• 9-9-35. Inability of arbitrator to carry out or perform functions; termination of mandate.
• 9-9-36. Appointment of substitute arbitrator.
• 9-9-37. Disputes as to jurisdiction.
• 9-9-38. Interim measures.
• 9-9-39. When recognition or enforcement of interim measure may be refused.
• 9-9-40. Treatment of parties.
• 9-9-41. Procedure to be followed by arbitration tribunal.
• 9-9-42. Place of arbitration.
• 9-9-43. Date of commencement of arbitral proceedings.
• 9-9-44. Languages to be used in arbitral proceedings; translation of documentary evidence.
• 9-9-45. Facts supporting claim; amendment or supplementing of claim.
• 9-9-46. How proceedings to be conducted; oral hearings; notice; consolidation of proceedings or hearings.
• 9-9-47. Effects of failure to state facts supporting claim, failure to put forward statement of defense, or failure to appear at hearing or to produce documentary evidence.
• 9-9-48. Appointment of experts.
• 9-9-49. Subpoenas for witnesses and other evidence; compensation of witnesses.
• 9-9-50. Rules applicable to disputes.
• 9-9-51. Decision-making when more than one arbitrator.
• 9-9-52. Settlement; arbitration award on agreed terms.
• 9-9-53. Arbitration award.
• 9-9-54. Termination of arbitral proceedings.
• 9-9-55. Correction or interpretation of arbitration award; additional arbitration awards; extension of time for correction, interpretation, or additional award.
• 9-9-56. Recourse against arbitration award; criteria for setting aside award; time for making application to set aside.
• 9-9-57. Arbitration award recognized as binding; enforcement.
• 9-9-58. Grounds for refusing recognition or enforcement of arbitration award.
• 9-9-59. Appeal of final judgment.

Article 2 Medical Malpractice.

• 9-9-60. "Medical malpractice claim" defined.
• 9-9-61. Medical malpractice arbitration authorized.
• 9-9-62. Petition for arbitration; arbitration order and appointment of referee; conditions precedent to enforceability.
• 9-9-63. Tolling of statute of limitations; when action permitted after filing of petition for arbitration.
• 9-9-64. Appointment of reporter; duties; compensation.
• 9-9-65. Arbitration submission; irrevocability absent consent.
• 9-9-66. Qualifications and status of referee.
• 9-9-67. Arbitrators - How chosen.
• 9-9-68. Arbitrators - How vacancy filled.
• 9-9-69. Arbitrators - Oath and affidavit.
• 9-9-70. Postponement of arbitration.
• 9-9-71. Adjournments by arbitrators; no meeting outside group.
• 9-9-72. Discovery.
• 9-9-73. Subpoena power of referee; compensation of witnesses.
• 9-9-74. Powers of referee to compel production of documentary evidence.
• 9-9-75. Competency of witnesses.
• 9-9-76. Rules governing examination of witnesses and admission of evidence.
• 9-9-77. Administration of oaths by referee.
• 9-9-78. Findings by arbitrators; concurrence of two sufficient.
• 9-9-79. Copy of findings furnished parties; entry of original on court's minutes; effect and enforcement; clerk's fees.
• 9-9-80. Finality of findings absent appeal; appeals to superior courts; transmittal of record; when findings set aside; disposition of case; supersedeas.
• 9-9-81. Costs; how taxed.
• 9-9-82. Compensation of arbitrators and referee.
• 9-9-83. Civil and criminal immunity of arbitrators.
• 9-9-84. Governor's Commission on Obstetrics [Repealed].

Chapter 10. Civil Practice and Procedure Generally, 9-10-1 through 9-10-204.

Article 1 General Provisions.

• 9-10-1. Preference given to cases in which state is plaintiff.
• 9-10-2. Actions against state void absent notice or waiver.
• 9-10-3. Closed trials authorized in certain cases.
• 9-10-4. Trial of collateral issues.
• 9-10-5. Charges to be written out on request; exception; filing of written charges; copies.
• 9-10-6. Juror's private knowledge.
• 9-10-7. Expression by judge of opinion in case reversible error.
• 9-10-8. Approval or disapproval of verdict by judge forbidden; discharge or commendation of jury for verdict not permitted; judge expressing approval or disapproval disqualified from presiding at new trial.
• 9-10-9. Jurors' affidavits permitted to uphold but not impeach verdict [Repealed].
• 9-10-10. Cash bonds permitted; docketing.
• 9-10-11. When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond.
• 9-10-12. Certified mail equivalent to registered mail; sufficient compliance for notice by statutory overnight delivery.
• 9-10-13. Effect of judgment on party vouched into court.
• 9-10-14. Promulgation of form for use by inmates in actions against government.

Article 2 Venue.

Part 1 GENERAL PROVISIONS.

• 9-10-30. Proceedings in equity generally; injunctions to stay pending litigation; divorce cases.
• 9-10-31. Actions against certain codefendants residing in different counties; pleading requirements; application.
• 9-10-31.1. Forums outside this state; waiver of statute of limitations defense.
• 9-10-32. Action against maker and endorser residing in different counties.
• 9-10-33. Action against nonresident found in state.
• 9-10-34. Action against third-party defendant.

Part 2 CHANGE OF VENUE.

• 9-10-50. When venue may be changed; how county for transfer to be selected; subsequent change of venue.
• 9-10-51. Change of venue in action by county against county.
• 9-10-52. Transmittal of transcript of order and record to court of transfer.
• 9-10-53. Conduct of proceedings following transfer.
• 9-10-54. Payment of costs accrued at time of transfer.

Article 3 Service.

• 9-10-70. Service on resident minor over 14 temporarily outside state; return or refusal of receipt; time for filing defensive pleadings; appointment of guardian ad litem; effect of service on guardian or trustee.
• 9-10-71. Service by publication on nonresidents or unknown persons with interest in property in state.
• 9-10-72. Issuance of second original where defendants reside out of county.
• 9-10-73. Acknowledgment of service or waiver of process.

Article 4 Personal Jurisdiction over Nonresidents.

• 9-10-90. "Nonresident" defined.
• 9-10-91. Grounds for exercise of personal jurisdiction over nonresident.
• 9-10-92. Effect of appearance.
• 9-10-93. Venue.
• 9-10-94. Service.

Article 5 Verification.

• 9-10-110. Petitions for extraordinary equitable relief to be verified or supported by proof.
• 9-10-111. When verified answer required; by whom made for corporate defendant.
• 9-10-112. Verification of answer in action on open account.
• 9-10-113. When verification sufficient.
• 9-10-114. Use of verified answer as evidence; amendment of sworn answer.

Article 6 Amendments.

• 9-10-130. When affidavits amendable.
• 9-10-131. Bonds in judicial proceedings amendable.
• 9-10-132. Amendment of misnomers on motion.
• 9-10-133. Mistake by clerk or ministerial officer.
• 9-10-134. Amendment by negligent party; payment of costs; terms.
• 9-10-135. Amendment of pleadings on court ruling not waiver of objection thereto.

Article 7 Continuances.

• 9-10-150. Grounds for continuance - Attendance of party or attorney in General Assembly.
• 9-10-151. Grounds for continuance - Attendance at board of regents or education meeting.
• 9-10-152. Grounds for continuance - Attendance at meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities.
• 9-10-153. Grounds for continuance - Service in National Guard; oath of party or statement of counsel.
• 9-10-154. Grounds for continuance - Party providentially prevented from attendance; statement of counsel.
• 9-10-155. Grounds for continuance - Illness or absence of counsel; oath of party.
• 9-10-156. Grounds for continuance - Occupation of counsel as Attorney General in aid of General Assembly.
• 9-10-157. When amending party granted continuance.
• 9-10-158. Continuance to enable opposite party to meet amendment; when charged to amending party.
• 9-10-159. Legislator attending General Assembly excused as witness; deposition in civil case.
• 9-10-160. Continuance for absence of witness; what application to show.
• 9-10-161. Denial of continuance for absence of witness or testimony where opposite party makes admission.
• 9-10-162. Continuance after case sent back by appellate court.
• 9-10-163. Continuance of appeals case.
• 9-10-164. Continuances for one term only.
• 9-10-165. Case not reached continued.
• 9-10-166. Diligence to be shown by applicant for continuance.
• 9-10-167. Continuance in discretion of court; countershowing to motion for continuance.
• 9-10-168. When postponement substituted for continuance.
• 9-10-169. Announcement and docketing of continuance.

Article 8 Argument and Conduct of Counsel.

• 9-10-180. Time limit for arguments.
• 9-10-181. Extension of time limit for argument after application therefor.
• 9-10-182. Number of counsel who may argue case.
• 9-10-183. Use of blackboard, models, etc., in argument.
• 9-10-184. Value of pain and suffering may be argued.
• 9-10-185. Prejudicial statements by counsel; prevention by court; rebuke of counsel and instruction to jury; mistrial.
• 9-10-186. Opening and closing arguments.

Article 9 General Civil Forms.

• 9-10-200. Action for recovery of realty and mesne profits.
• 9-10-201. Action for recovery of personalty.
• 9-10-202. Action to recover money on a judgment.
• 9-10-203. Action for breach of warranty in deed.
• 9-10-204. Action for words.

Chapter 11. Civil Practice Act, 9-11-1 through 9-11-133.

Article 1 Scope of Rules and Form of Action.

• 9-11-1. Scope of chapter; construction.
• 9-11-2. One form of action.

Article 2 Commencement of Action and Service.

• 9-11-3. Commencement of action; filing of civil case filing form.
• 9-11-4. Process.
• 9-11-4.1. Certified process servers.
• 9-11-5. Service and filing of pleadings subsequent to the original complaint and other papers.
• 9-11-6. Time.

Article 3 Pleadings and Motions.

• 9-11-7. Pleadings allowed; form of motions.
• 9-11-7.1. Redacted information; exceptions and filings under seal; correction; protective orders; waivers.
• 9-11-8. General rules of pleading.
• 9-11-9. Pleading special matters.
• 9-11-9.1. Affidavit to accompany charge of professional malpractice.
• 9-11-9.2. Medical authorization forms; review of protected health information.
• 9-11-10. Form of pleadings.
• 9-11-11. Signing of pleadings; when verification required; rule abolished.
• 9-11-11.1. Exercise of rights of freedom of speech and to petition government for redress of grievances; legislative findings; verification of claims; definitions; procedure on motions; exception; fees and expenses.
• 9-11-12. Answer, defenses, and objections; when and how presented and heard; when defenses waived; stay of discovery.
• 9-11-13. Counterclaim and cross-claim.
• 9-11-14. Third-party practice.
• 9-11-15. Amended and supplemental pleadings.
• 9-11-16. Pretrial procedure; formulating issues; order; calendar.

Article 4 Parties.

• 9-11-17. Real party in interest; capacity.
• 9-11-18. Joinder of claims and remedies.
• 9-11-19. Joinder of persons needed for just adjudication.
• 9-11-20. Permissive joinder of parties.
• 9-11-21. Misjoinder and nonjoinder of parties.
• 9-11-22. Interpleader.
• 9-11-23. Class actions.
• 9-11-24. Intervention.
• 9-11-25. Substitution of parties.

Article 5 Depositions and Discovery.

• 9-11-26. General provisions governing discovery.
• 9-11-27. Depositions before action or pending appeal.
• 9-11-28. Persons before whom depositions may be taken; disqualification for interest; consent of parties.
• 9-11-29. Stipulations regarding discovery procedure.
• 9-11-29.1. When depositions and other discovery material must be filed with court; custodian until filing; retention of depositions and other discovery materials.
• 9-11-30. Depositions upon oral examination.
• 9-11-31. Depositions upon written questions.
• 9-11-32. Use of depositions in court proceedings; effect of errors and irregularities in depositions.
• 9-11-33. Interrogatories to parties.
• 9-11-34. Production of documents and things and entry upon land for inspection and other purposes; applicability to nonparties; confidentiality.
• 9-11-34.1. Civil actions for evidence seized in criminal proceedings.
• 9-11-35. Physical and mental examination of persons.
• 9-11-36. Requests for admission.
• 9-11-37. Failure to make discovery; motion to compel; sanctions; expenses.

Article 6 Trials.

• 9-11-38. Right to jury trial.
• 9-11-39. Consent to trial by court; jury trial on court order.
• 9-11-40. Time and place of trial.
• 9-11-41. Dismissal of actions; recommencement within six months.
• 9-11-42. Consolidation; severance.
• 9-11-43. Evidence.
• 9-11-44. Official records [Repealed].
• 9-11-45. Subpoena for taking depositions; objections; place of examination.
• 9-11-46. Exceptions unnecessary; objections to rulings or orders.
• 9-11-47. Jurors.
• 9-11-48. Reserved.
• 9-11-49. Special verdicts.
• 9-11-50. Motions for directed verdict and for judgment notwithstanding the verdict.
• 9-11-51. Reserved.
• 9-11-52. Findings by the court.
• 9-11-53. Reserved.

Article 7 Judgment.

• 9-11-54. Judgments.
• 9-11-55. Default judgment.
• 9-11-56. Summary judgment.
• 9-11-57. Reserved.
• 9-11-58. Entry of judgment; judge's name to be typed, printed, or stamped after signature; filing of civil case disposition form.
• 9-11-59. Reserved.
• 9-11-60. Relief from judgments.
• 9-11-61. Harmless error.
• 9-11-62. Stay of proceedings to enforce a judgment.

Article 8 Provisional and Final Remedies

and Special Proceedings. Article 9

• 9-11-63. Reserved.
• 9-11-64. Reserved.
• 9-11-65. Injunctions and restraining orders.
• 9-11-66. Receivers.
• 9-11-67. Deposit in court.
• 9-11-67.1. Settlement offers and agreements for personal injury, bodily injury, and death from motor vehicle; payment methods.
• 9-11-68. Offers of settlement; damages for frivolous claims or defenses.
• 9-11-69. Execution; discovery in aid thereof.
• 9-11-70. Judgment for specific acts; vesting title.

General Provisions. Article 10

• 9-11-71 through 9-11-77. Reserved.
• 9-11-78. Motion days.
• 9-11-79. Reserved.
• 9-11-80. Reserved.
• 9-11-81. Applicability.
• 9-11-82. Jurisdiction and venue unaffected.
• 9-11-83. Local court rules.
• 9-11-84. Forms.
• 9-11-85. Short title.

Forms. Cross references. - Citation of chapter as "Georgia Civil Practice Act," § 9-11-85.

• 9-11-100. Reserved.
• 9-11-101. Form of summons.
• 9-11-102. Reserved.
• 9-11-103. Form of complaint on a promissory note.
• 9-11-104. Form of complaint on an account.
• 9-11-105. Form of complaint for goods sold and delivered.
• 9-11-106. Form of complaint for money lent.
• 9-11-107. Form of complaint for money paid by mistake.
• 9-11-108. Form of complaint for money had and received.
• 9-11-109. Form of complaint for negligence.
• 9-11-110. Form of complaint for negligence when plaintiff is unable to determine responsible person.
• 9-11-111. Form of complaint for conversion.
• 9-11-112. Form of complaint for specific performance of contract to convey land.
• 9-11-113. Form of complaint on claim for debt and to set aside fraudulent conveyance under Code Section 9-11-18.
• 9-11-114. Form of complaint for negligence under Federal Employers' Liability Act.
• 9-11-115 through 9-11-117. Reserved.
• 9-11-118. Form of complaint for interpleader and declaratory relief.
• 9-11-119. Form of motion to dismiss, presenting defense of failure to state a claim.
• 9-11-120. Form of answer presenting defenses under subsection (b) of Code Section 9-11-12.
• 9-11-121. Form of answer to complaint set forth in Code Section 9-11-108, with counterclaim for interpleader.
• 9-11-122. Form of summons and complaint against third-party defendant.
• 9-11-123. Form of motion to intervene as a defendant under Code Section 9-11-24.
• 9-11-124. Form of motion for production of documents under Code Section 9-11-34.
• 9-11-125. Form of request for admission under Code Section 9-11-36.
• 9-11-126 through 9-11-130. Reserved.
• 9-11-131. Form of judgment on jury verdict.
• 9-11-132. Form of judgment on decision by the court.
• 9-11-133. Forms meeting requirements for civil case filing and disposition information.

Chapter 12. Verdict and Judgment, 9-12-1 through 9-12-138.

NOTICE OF DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS

Article 1 General Provisions.

• 9-12-1. What verdict to cover.
• 9-12-2. Instructions on form of verdict.
• 9-12-3. How verdict received.
• 9-12-4. Construction of verdicts.
• 9-12-5. Verdict may be molded.
• 9-12-6. Amendment of verdict - To conform to pleadings.
• 9-12-7. Amendment of verdict - After dispersal of jury.
• 9-12-8. Amendment of verdict - When part illegal.
• 9-12-9. Judgment to conform to verdict.
• 9-12-10. Judgment for principal and interest.
• 9-12-11. Sureties and endorsers to be identified in judgment.
• 9-12-12. Judgment for costs against fiduciary.
• 9-12-13. Amount of judgment on bond.
• 9-12-14. Amendment of judgment to conform to verdict.
• 9-12-15. Judgment aided by verdict or amendable not set aside.
• 9-12-16. Validity of judgment when court does not have jurisdiction.
• 9-12-17. When creditors or purchasers may attack judgment.
• 9-12-18. Right to confess judgment and appeal; where and when entered.
• 9-12-19. Judgment suspended by appeal.
• 9-12-20. Judgment when security given on appeal.
• 9-12-21. Judgments transferable; status of transferee.
• 9-12-22. Effect of transfer by attorney; ratification.
• 9-12-23. Effect of consent judgment.

Article 2 Effect of Judgments.

• 9-12-40. Judgment conclusive between which persons and on what issues.
• 9-12-41. Effect of judgment in rem.
• 9-12-42. Judgment no bar absent decision on merits.
• 9-12-43. Parol evidence admissible.

Article 3 Dormancy and Revival of Judgments.

• 9-12-60. When judgment becomes dormant; how dormancy prevented; docketing; applicability.
• 9-12-61. Dormant judgments renewed by action or scire facias; time of renewal.
• 9-12-62. Nature of scire facias.
• 9-12-63. Issuance of scire facias; copies; service; return.
• 9-12-64. Revival on motion after service of scire facias; when defendant entitled to jury trial.
• 9-12-65. Scire facias when judgment transferred.
• 9-12-66. Venue of action to renew judgment.
• 9-12-67. Revival of judgment against nonresident; service by publication.
• 9-12-68. Revival of dormant decrees for payment of money.

Article 4 Judgment Liens.

• 9-12-80. Equal dignity and binding effect of judgments.
• 9-12-81. General execution docket; when money judgment in county of defendant's residence creates lien against third parties without notice.
• 9-12-82. When money judgment outside county of defendant's residence creates lien against third parties without notice.
• 9-12-83. When money judgment creates lien on land located outside county in which obtained against third parties without notice.
• 9-12-84. When money judgment against nonresident creates lien on land within state against third parties without notice.
• 9-12-85. Deeds, mortgages, judgments, or liens between parties not affected by money judgments.
• 9-12-86. Recordation in county where property located prerequisite to lien on land.
• 9-12-87. Judgments from same term considered of equal date.
• 9-12-88. Extent property affected by judgment pending appeal.
• 9-12-89. Effect of appellate proceeding on lien.
• 9-12-90. Judgments relating to common disaster.
• 9-12-91. Effect of judgment on promissory notes.
• 9-12-92. Effect of judgment lien on personalty removed to another state, sold, and returned.
• 9-12-93. When purchased property discharged from lien.
• 9-12-94. Clerk's fees.

Article 5 Uniform Foreign-Country Money Judgments Recognition Act.

• 9-12-110. Short title.
• 9-12-111. Definitions.
• 9-12-112. Applicability; burden of proof.
• 9-12-113. Recognition and enforcement of foreign-country judgments.
• 9-12-114. Recognition of personal jurisdiction.
• 9-12-115. Procedure for recognition.
• 9-12-116. Effect of recognition of foreign-country judgments.
• 9-12-117. Stay pending appeal.
• 9-12-118. Uniform construction.
• 9-12-119. Situations not covered by article.

Article 6 Enforcement of Foreign Judgments.

• 9-12-130. Short title.
• 9-12-131. "Foreign judgment" defined.
• 9-12-132. Filing of judgment; force and effect following filing.
• 9-12-133. Filing of foreign judgment; notice to judgment debtor; Code Section 9-11-4 inapplicable to article.
• 9-12-134. Appeal or stay of foreign judgment; security for satisfaction.
• 9-12-135. Clerk's fees.
• 9-12-136. Actions to enforce judgments preserved.
• 9-12-137. Uniform construction.
• 9-12-138. Judgments to which article applies.

Chapter 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

Article 1 General Provisions.

• 9-13-1. Entry and signing of judgment prerequisite to execution.
• 9-13-2. Execution suspended by appeal.
• 9-13-3. Execution to follow judgment.
• 9-13-4. Judge may frame executions.
• 9-13-5. Amendment of execution - To conform to judgment or time of return.
• 9-13-6. Amendment of execution - To conform to amended judgment.
• 9-13-7. Amendment of execution - To correct mistake in issuance; alias execution.
• 9-13-8. Issuance of alias execution to replace lost original.
• 9-13-9. When execution returnable.
• 9-13-10. Issuance of execution; to whom directed; on what property levied.
• 9-13-11. Direction, levy, service, and return of execution when sheriff a party.
• 9-13-12. Entry of levy on process.
• 9-13-13. Written notice of levy on land.
• 9-13-14. Bonds taken by executing officers valid; rights of plaintiffs not affected.
• 9-13-15. Measure of damages on forthcoming bond.
• 9-13-16. Penalty for fraudulent levy.

Article 2 Parties in Execution.

• 9-13-30. Execution against sureties and endorsers.
• 9-13-31. Execution against principal and his surety on appeal.
• 9-13-32. Execution following death of defendant.
• 9-13-33. Executions using partnership name valid.
• 9-13-34. Right to transfer execution; status of transferee.
• 9-13-35. Effect of transfer by attorney; ratification.
• 9-13-36. Transfer of execution upon payment; status of transferee; recording necessary to preserve lien; exception for tax executions.

Article 3 Property Against Which Execution Levied.

• 9-13-50. Designation by defendant of property to be levied on; when sheriff bound thereby.
• 9-13-51. Sale of property subject to lien; order of application to payment.
• 9-13-52. When sheriff may levy on and sell land outside county.
• 9-13-53. When constable may levy on land; sale by sheriff.
• 9-13-54. When growing crop levied on and sold.
• 9-13-55. Seizure prerequisite to sale of personalty.
• 9-13-56. Future interests in personalty.
• 9-13-57. Choses in action.
• 9-13-58. Corporation's disclosure of worth of defendant's shares mandated; refusal treated as contempt.
• 9-13-59. What property liable to execution in action against joint contractors or partners when not all served.
• 9-13-60. Taking up of debt to give defendant legal title to property; notice of levy and sale; application of proceeds.

Article 4 Satisfaction or Discharge of Judgment and Execution.

• 9-13-70. Suspension of execution for 60 days pending payment; bond.
• 9-13-71. Sufficient levy on personalty prima-facie satisfaction; effect of dismissal.
• 9-13-72. Release of property subject to execution.
• 9-13-73. Application of fund to younger lien with senior lienholder's consent.
• 9-13-74. Release by agreement.
• 9-13-75. Setoff of judgments; collection of balance.
• 9-13-76. Execution by defendant after setoff.
• 9-13-77. Control of execution after payment - By security.
• 9-13-78. Control of execution after payment - By joint debtor.
• 9-13-79. Partial payments to be entered.
• 9-13-80. Execution to be canceled when satisfied; private right of action; damages.

Article 5 Claims.

• 9-13-90. Claims authorized; to be on oath.
• 9-13-91. Bond and security for damages; how damages determined.
• 9-13-92. Affidavit of indigence.
• 9-13-93. Postponement of sale.
• 9-13-94. Forthcoming bond for possession of property; amount and condition; not authorized for realty; when and where recoverable.
• 9-13-95. Execution of affidavit and bond by partner or joint owner.
• 9-13-96. When plaintiff in execution may give forthcoming bond.
• 9-13-97. Sale of property on claimants' application; order; advertisement; disposition of proceeds.
• 9-13-98. When and where claim, levy, and execution to be returned.
• 9-13-99. Return of claim or illegality against execution from probate court.
• 9-13-100. Claim to be tried by jury.
• 9-13-101. Additional oath of jurors; damages and costs when claim made for delay.
• 9-13-102. Burden of proof.
• 9-13-103. Withdrawal or discontinuance of claim limited.
• 9-13-104. Trial of damage issue where claim dismissed or withdrawn.
• 9-13-105. How damages assessed.
• 9-13-106. Withdrawal of original execution and filing of copy.

Article 6 Illegality.

• 9-13-120. Affidavit of illegality - When authorized; bond and security.
• 9-13-121. Affidavit of illegality - To show lack of service; not available to go behind judgment.
• 9-13-122. Affidavit of illegality - Not available for excessive levy generally.
• 9-13-123. Affidavit of illegality - By whom filed.
• 9-13-124. Affidavit of illegality - When received.
• 9-13-125. Affidavit of illegality - When and how amendable.
• 9-13-126. Amount and condition of forthcoming bond.
• 9-13-127. Suspension of execution; return of execution, affidavit, and bond; determination by court; issue tried by jury.
• 9-13-128. Damages for delay; procedure following dismissal or withdrawal of illegality.
• 9-13-129. Property subject to other executions; retention of sale proceeds to satisfy first execution; release of bond pro tanto.

Article 7 Judicial Sales.

Part 1 ADVERTISEMENT.

• 9-13-140. How judicial sales advertised; description of property; advertisement and sale of livestock.
• 9-13-141. Timing of advertisements.
• 9-13-142. Requirements for official organ of publication; designation where no journal or newspaper qualifies; how official organ changed; notice to Secretary of State.
• 9-13-143. Rates for legal advertisements.
• 9-13-144. Alternate advertising when rates not agreed on.
• 9-13-145. Advertising costs paid in advance; exception when affidavit of indigence filed.

Part 2 CONDUCT AND EFFECT.

• 9-13-160. Time of conducting public sale.
• 9-13-161. Where and when sales under execution held; change of place of public sales by court order.
• 9-13-161.1. Holding of sales of personal property at place other than courthouse; advertisement of general order as to sale location.
• 9-13-162. Continuance of sale from day to day.
• 9-13-163. Sale of perishable property - When and by whom ordered; where held.
• 9-13-164. Sale of perishable property - Advertisement; notice; disposition of proceeds.
• 9-13-165. Sale of perishable property - Under tax executions.
• 9-13-166. Form of tender.
• 9-13-167. Purchaser to ascertain title and condition; under what conditions officer personally liable.
• 9-13-168. Obligations of purchaser.
• 9-13-169. Note or memorandum unnecessary.
• 9-13-170. Liability for purchase money; officer's collection options.
• 9-13-171. When defendant bound by sale under void process.
• 9-13-172. When execution sale set aside.
• 9-13-172.1. "Eligible sale" defined; recision of sale; damages.
• 9-13-173. Effect of judicial sale on title.
• 9-13-174. When sheriff's successor empowered to make titles.
• 9-13-175. Duty of officer to place purchaser in possession; which persons officer may dispossess.
• 9-13-176. How possession obtained after expiration of court term or replacement of officer.
• 9-13-177. Right to enforce covenants.
• 9-13-178. When title deeds prior to purchase must be proved.

Chapter 14. Habeas Corpus, 9-14-1 through 9-14-53.

Article 1 General Provisions.

• 9-14-1. Who may seek writ.
• 9-14-2. Habeas corpus on account of detention of spouse or child.
• 9-14-3. Petition for writ - Contents.
• 9-14-4. Petition for writ - Verification; to whom presented.
• 9-14-5. When writ granted.
• 9-14-6. Form of writ.
• 9-14-7. Return day for writ.
• 9-14-8. Service of writ.
• 9-14-9. When warrant for arrest of person detained to be issued along with writ.
• 9-14-10. Respondent's return to writ - When and where made.
• 9-14-11. Respondent's return to writ - Verification; production of person detained.
• 9-14-12. Respondent's return to writ - Statement of transfer of custody; procedure when transfer made to avoid writ.
• 9-14-13. Production of legal process.
• 9-14-14. Hearing of issue.
• 9-14-15. To whom notice of hearing given.
• 9-14-16. When person not to be discharged.
• 9-14-17. Discharge for defect in affidavit, warrant, or commitment.
• 9-14-18. Discharge after arrest for offense committed in another state.
• 9-14-19. Powers of court in cases not covered by Code Sections 9-14-16 through 9-14-18.
• 9-14-20. Recordation of proceedings by clerk of court; fees.
• 9-14-21. Costs of proceedings.
• 9-14-22. Appeals; speedy hearing; transmittal of remittitur.
• 9-14-23. Attachment for contempt for disobedience of writ.

Article 2 Procedure for Persons under Sentence of State Court of Record.

• 9-14-40. Legislative intent.
• 9-14-41. Article as exclusive procedure.
• 9-14-42. Grounds for writ; waiver of objection to jury composition.
• 9-14-43. Jurisdiction and venue.
• 9-14-44. Petition - Contents and verification.
• 9-14-45. Petition - Service.
• 9-14-46. Custody and production of petitioner.
• 9-14-47. Time for answer and hearing.
• 9-14-47.1. Petitions challenging for the first time state court proceedings resulting in a death sentence.
• 9-14-48. Hearing; evidence; depositions; affidavits; determination of compliance with procedural rules; disposition.
• 9-14-49. Findings of fact and conclusions of law.
• 9-14-50. Transcription of proceedings.
• 9-14-51. Effect of failure to raise grounds for relief in original or amended petition.
• 9-14-52. Appeal procedure; application to Supreme Court by petitioner for certificate of probable cause; effect of appeal by respondent.
• 9-14-53. Reimbursement to counties for habeas corpus costs.

Chapter 15. Court and Litigation Costs, 9-15-1 through 9-15-15.

• 9-15-1. Which party liable for costs.
• 9-15-2. Affidavit of indigence; procedure when filing party not represented by counsel.
• 9-15-3. When costs may be demanded.
• 9-15-4. Deposit prior to filing by clerk; exception if affidavit of indigence filed; repayment of excess; exemptions.
• 9-15-5. Deposit by nonresident plaintiff; additional deposit; refund of excess [Repealed].
• 9-15-6. Liability of attorney of nonresident plaintiff for costs; prior payment of costs in action brought by nonresident attorney and plaintiff.
• 9-15-7. Liability of attorney guilty of willful neglect or misconduct for costs.
• 9-15-8. Liability for costs of witnesses of adverse party.
• 9-15-9. Costs when recovery on contract is less than $50.00
• 9-15-10. Costs in personal actions when damages are less than $10.00
• 9-15-11. Inclusion of costs in judgment; itemization and endorsement on execution.
• 9-15-12. Liability of plaintiff and attorney for costs when execution returned unsatisfied.
• 9-15-13. Judgment and execution against attorney for costs.
• 9-15-14. Litigation costs and attorney's fees assessed for frivolous actions and defenses.
• 9-15-15. Attorney's fees and expenses assessed in civil actions brought against judicial officers.

Chapter 16. Uniform Civil Forfeiture Procedure Act, 9-16-1 through 9-16-22.

• 9-16-1. Short title.
• 9-16-2. Definitions.
• 9-16-3. Jurisdiction.
• 9-16-4. Venue.
• 9-16-5. Notice to owner of seizure of vehicle.
• 9-16-6. Seizure of property.
• 9-16-7. Reporting of seizure; role of state attorney.
• 9-16-8. Forfeiture lien.
• 9-16-9. Seized property not subject to replevin, conveyance, sequestration, or attachment; release of property; assignment of complaint for forfeiture; custodian of property.
• 9-16-10. Disposition of seized property.
• 9-16-11. Quasi-judicial forfeiture for property valued at $25,000.00 or less; notice; procedure.
• 9-16-12. In rem forfeiture.
• 9-16-13. In personam forfeiture.
• 9-16-14. Restraining order, injunction, and other measures to seize, maintain, or preserve property; hearing.
• 9-16-15. Stay of civil forfeiture proceedings during pendency of criminal proceedings; effect of criminal conviction.
• 9-16-16. Recovery by an injured person.
• 9-16-17. Burden of proof and presumptions.
• 9-16-18. Forfeited property vests in state at time conduct giving rise to forfeiture committed; release of property upon entry of judgment in favor of owner.
• 9-16-19. Disposition of forfeited property; order of distribution; annual report.
• 9-16-20. Court may order forfeiture of other property under certain circumstances; civil action; enforcement of judgments; persons having interest in property barred from collaterally attacking forfeiture proceedings; limitations.
• 9-16-21. Effect of federal law forfeitures; annual report.
• 9-16-22. Construction.