Companion ruleset
Uniform Superior Court Rules →
Title 9 of the Georgia Code — Civil Practice
Civil Practice · 680 active sections across 17 chapters
Title 9 is where Georgia codifies civil practice by statute — limitations of actions, declaratory judgments, injunctions, extraordinary writs, receivers, arbitration, and the Civil Practice Act itself (Chapter 11, Georgia's own enactment of trial-level procedure, closely modeled on the Federal Rules). It is the companion to the Uniform Superior Court Rules. All 17 chapters are complete.
Chapter 1. General Provisions
1 section
Chapter 2. Actions Generally
31 sections
Article 1. General Provisions
- 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
Article 2. Parties
- 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
Article 3. Abatement
- 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
Chapter 3. Limitations of Actions
51 of 53 sections active (2 repealed/reserved)
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 Reserved
- 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 Reserved
- 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
- 9-3-36 Limitations on claims arising before decedent’s death
Article 3. Limitations on Recovery for Deficiencies Connected with Improvements to Realty and Resulting Injuries
Article 4. Limitations for Malpractice Actions
Article 5. Tolling of Limitations
- 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
Article 6. Revival
Chapter 4. Declaratory Judgments
11 sections
- 9-4-1 Purpose and construction of chapter
- 9-4-2 [Effective July 1, 2026] 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 [Effective July 1, 2026] 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 [Effective July 1, 2026] Equity jurisdiction not impaired
- 9-4-11 Combining proceedings in probate court
Chapter 5. Injunctions
11 sections
- 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
20 sections
Article 1. General Provisions
Article 2. Mandamus
- 9-6-20 When mandamus may issue; exceptions
- 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
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
23 sections
- 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
14 sections
- 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
82 of 83 sections active (1 repealed/reserved)
Article 1. General Provisions
- 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
- 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
76 of 77 sections active (1 repealed/reserved)
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 Reserved
- 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
- 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
- 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
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 and stay — Attendance of party or attorney in General Assembly; writing requirement; considerations
- 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, or similar devices in argument
- 9-10-184 Limitations on counsel on arguing damages; remedial measures for violations; conduct of voir dire as to damages
- 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
Chapter 11. Civil Practice Act
102 of 128 sections active (26 repealed/reserved)
Article 1. Scope of Rules and Form of Action
Article 2. Commencement of Action and Service
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
- 9-11-26.1 Deposition from officers; protective orders
- 9-11-27 Depositions before action or pending appeal
- 9-11-28 [Effective July 1, 2026] 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 [Effective July 1, 2026] 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; effect
- 9-11-42 Consolidation; severance
- 9-11-43 Evidence
- 9-11-44 Official records Reserved
- 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 Reserved
- 9-11-49 Special verdicts
- 9-11-50 Motions for directed verdict and for judgment notwithstanding the verdict
- 9-11-51 Reserved Reserved
- 9-11-52 Findings by the court
- 9-11-53 Reserved Reserved
Article 7. Judgment
- 9-11-54 Judgments
- 9-11-55 Default judgment
- 9-11-56 Summary judgment
- 9-11-57 Reserved 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 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
- 9-11-63 Prohibition of contracts or agreements that conceal details relating to a claim of childhood sexual abuse
- 9-11-64 Reserved 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
Article 9. General Provisions
- 9-11-71 Reserved Reserved
- 9-11-72 Reserved Reserved
- 9-11-73 Reserved Reserved
- 9-11-74 Reserved Reserved
- 9-11-75 Reserved Reserved
- 9-11-76 Reserved Reserved
- 9-11-77 Reserved Reserved
- 9-11-78 Motion days
- 9-11-79 Reserved Reserved
- 9-11-80 Reserved 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
Article 10. Forms
- 9-11-100 Reserved Reserved
- 9-11-101 Form of summons
- 9-11-102 Reserved 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 Reserved Reserved
- 9-11-116 Reserved Reserved
- 9-11-117 Reserved 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 Reserved Reserved
- 9-11-127 Reserved Reserved
- 9-11-128 Reserved Reserved
- 9-11-129 Reserved Reserved
- 9-11-130 Reserved 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
70 sections
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
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
99 sections
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
- 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
- 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 [Effective until January 1, 2027] 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
38 sections
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 Recordings or transcriptions 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
15 of 16 sections active (1 repealed/reserved)
- 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 Reserved
- 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
- 9-15-16 Limitations on recovery of attorney fees, court costs, or expenses of litigation; utilization of contingent fee agreements
Chapter 16. Uniform Civil Forfeiture Procedure Act
22 sections
- 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
Chapter 17. Georgia Uniform Mediation Act
14 sections
- 9-17-1 Definitions
- 9-17-2 Application
- 9-17-3 Mediation communication as privileged; use of mediation evidence
- 9-17-4 Waiver of privilege; criminal activity
- 9-17-5 When communication privilege is inapplicable; use of mediation evidence
- 9-17-6 Limited disclosures by mediators
- 9-17-7 Limited disclosures of mediation and mediation communications
- 9-17-8 Review of mediator’s conflict of interest; required disclosures by mediator; exclusion; special qualifications not required
- 9-17-9 Participation with attorney or designated representative
- 9-17-10 Application of federal Model Law
- 9-17-11 Application of federal Electronic Signatures in Global and National Commerce Act
- 9-17-12 Uniformity across jurisdictions
- 9-17-13 Severability
- 9-17-14 Applicability
Source: Official Code of Georgia Annotated, Georgia Code Revision Commission ·
Enacted by the Georgia General Assembly ·
Current through the 2026 Special Session of the Georgia General Assembly ·
Official source