§ 9-11-5.Service and filing of pleadings subsequent to the original complaint and other papers

Chapter 11. Civil Practice Act · Article 2. Commencement of Action and Service · Last amended 2022 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-5 requires that most papers filed after the original complaint -- orders, later pleadings, written motions, and similar filings -- be served on every party, sets out how that service is made (including electronic service under specific conditions), and requires the served paper to be filed with the court within the time allowed for service.

Full Text of § 9-11-5

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Service — When required. Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. However, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place of trial and entry of judgment, and all service in the action, except service of pleadings asserting new or additional claims for relief, which shall be served as provided by subsection (b) of this Code section.

(b) Same — How made. Whenever under this chapter service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the person to be served or by mailing it to the person to be served at the person’s last known address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section, the term “delivery of a copy” means handing it to the person to be served or leaving it at the person to be served’s office with a person in charge thereof or, if such office is closed or the person to be served has no office, leaving it at the person to be served’s dwelling house or usual place of abode with some person of suitable age and discretion residing therein. “Delivery of a copy” also means transmitting a copy via email in portable document format (PDF) to the person to be served using all email addresses provided pursuant to subsection (f) of this Code section and showing in the subject line of the email message the words “STATUTORY ELECTRONIC SERVICE” in capital letters. Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his or her employee, by written admission, by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service.

(c) Same — Numerous defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants, and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties, and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

(d) Filing. All papers after the complaint required to be served upon a party shall be filed with the court within the time allowed for service.

(e) “Filing with the court” defined. The filing of pleadings and other papers with the court as required by this chapter shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.

(f) Electronic service of pleadings.

(1) A person to be served may consent to being served with pleadings electronically by:

(A) Filing a notice of consent to electronic service and including the person to be served’s email address or addresses in such pleading; or

(B) Including the person to be served’s email address or addresses in or below the signature block of the complaint or answer, as applicable to the person to be served.

(2) A person who is not an attorney may rescind his or her election to be served with pleadings electronically by filing and serving a notice of such rescission.

(3) If a person to be served agrees to electronic service of pleadings, such person to be served bears the responsibility of providing notice of any change in his or her email address or addresses.

(4) When an attorney files a pleading in a case via an electronic filing service provider, such attorney shall be deemed to have consented to be served electronically with future pleadings for such case at the primary email address on record with the electronic filing service provider. An attorney may not rescind his or her election to be served with pleadings electronically in cases that were initiated using an electronic filing service provider.

(5) If electronic service of a pleading is made upon a person to be served, and such person certifies to the court under oath that he or she did not receive such pleading, it shall be presumed that such pleading was not received unless the serving party disputes the assertion of nonservice, in which case the court shall decide the issue of service of such pleading.

End

Plain-English Summary

Once a lawsuit is underway, the original complaint isn’t the only paper that needs to reach the other side. This section covers everything that follows: court orders, pleadings after the complaint, written motions (except ones the court may hear without notice), and notices, demands, and similar filings must be served on every party, unless the chapter says otherwise. A party who stops filing pleadings altogether waives the right to further notice and service, except for pleadings raising new or additional claims — those still have to be served.

Subsection (b) supplies the mechanics: when a party has a lawyer, service goes to the lawyer, not the client, unless the court orders otherwise. Delivery can mean handing a copy over, leaving it at an office or home with someone responsible, mailing it, or — if the recipient has consented under subsection (f) — emailing a PDF copy with “STATUTORY ELECTRONIC SERVICE” in the subject line. Service by mail counts as complete the moment it’s mailed, regardless of when it arrives.

Subsection (f) walks through how a party opts into electronic service: by filing a notice of consent with an email address, or by including that email address in or below the signature block of a complaint or answer. Non-attorneys can rescind that consent later; attorneys who file through an electronic filing service provider are treated as having consented for the life of the case and can’t take it back. If someone served electronically swears under oath they never got the paper, the law presumes nonreceipt unless the serving party disputes it, in which case the court decides.

Frequently Asked Questions

Which Georgia court filings have to be served on the other parties?

Every order required to be served, every pleading after the original complaint (unless the court excuses this because of numerous defendants), every written motion other than one that may be heard without notice, and written notices, appearances, demands, and similar papers.

Can pleadings in a Georgia lawsuit be served on a party's attorney instead of the party?

Yes. When a party is represented, service goes to the attorney rather than the party, unless the court orders service on the party directly.

How does electronic service of pleadings work in Georgia?

A party consents by filing a notice of consent with an email address or by listing an email address in or below the signature block of a complaint or answer; service then happens by emailing a PDF copy with “STATUTORY ELECTRONIC SERVICE” in the subject line.

Can an attorney who files electronically opt out of electronic service later?

No. An attorney who files a pleading through an electronic filing service provider is deemed to have consented to electronic service for that case and may not rescind that election, unlike a non-attorney party.

What happens if a party claims they never received an electronically served pleading?

If they certify under oath that they didn’t receive it, nonreceipt is presumed unless the party who served the pleading disputes that claim, in which case the court decides the issue.

Amendment History

Ga. L. 1966, p. 609, § 5; Ga. L. 1967, p. 226, § 4; Ga. L. 2001, p. 854, § 1; Ga. L. 2009, p. 73, §§ 1, 2/HB 29; Ga. L. 2018, p. 550, § 1A-1/SB 407; Ga. L. 2019, p. 845, § 4-1/HB 239; Ga. L. 2020, p. 493, § 9/SB 429; Ga. L. 2022, p. 352, § 9/HB 1428.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

Also known as: Georgia service of pleadings after complaintGeorgia electronic service of pleadingsstatutory electronic service Georgia emailservice on attorney of record GeorgiaGeorgia equivalent of Rule 5