§ 9-11-54.Judgments

Chapter 11. Civil Practice Act · Article 7. Judgment · Last amended 1976 · Last verified July 17, 2026

In one sentenceThis section defines “judgment” to include decrees and appealable orders, requires an express certification before a court can enter final judgment on fewer than all claims or parties, caps default-judgment relief at what the demand for judgment sought (with a medical-malpractice carve-out above $10,000 for a damages trial), requires every other final judgment to grant the relief the winning party earned, and allocates costs to the prevailing party absent a contrary statute or order.

Full Text of § 9-11-54

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

(a) Definition. The term “judgment,” as used in this chapter, includes a decree and any order from which an appeal lies.

(b) Judgment upon multiple claims or involving multiple parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.

(1) A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings; but the court shall not give the successful party relief, though he may be entitled to it, where the propriety of the relief was not litigated and the opposing party had no opportunity to assert defenses to such relief.

(2) As used in this subsection, the term “action for medical malpractice” means any claim for damages resulting from the death of or injury to any person arising out of:

(A) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to perform such services or by any person acting under the supervision and control of a lawfully authorized person; or

(B) Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.

(3) Notwithstanding paragraph (1) of this subsection, where a claim in an action for medical malpractice does not exceed $10,000.00, a judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Where the claim exceeds $10,000.00, a judgment by default may be rendered for the amount determined upon a trial of the issue of damages, provided notice of the trial is served upon the defaulting party at least three days prior to that trial.

(d) Costs. Except where express provision therefor is made in a statute, costs shall be allowed as a matter of course to the prevailing party unless the court otherwise directs; but costs against this state and its officers, agencies, and political subdivisions shall be imposed only to the extent permitted by the law.

End

Plain-English Summary

Subsection (a) sets the vocabulary for the rest of the chapter: “judgment” includes a decree and any order from which an appeal lies, not just a final money judgment. Subsection (b) then addresses cases with more than one claim or more than one party. A court may direct entry of a final judgment on fewer than all the claims or parties, but only with an express determination that there’s no just reason for delay and an express direction that judgment be entered. Without both of those, any order deciding less than everything doesn’t end the action as to anything — it stays open, subject to revision, until a judgment resolves every claim and every party’s rights and liabilities.

Subsection (c) turns to what relief a judgment can grant. A default judgment can’t be different in kind from, or larger in amount than, what the demand for judgment prayed for. Every other final judgment, by contrast, must grant the relief the winning party is entitled to even if that party never specifically demanded it in the pleadings — with one guardrail: the court can’t award relief the losing party never had a chance to litigate or defend against. Medical malpractice cases get their own default-judgment rule. If the claim doesn’t exceed $10,000, the ordinary cap applies — the default judgment tracks the demand. Above $10,000, the court can instead render a default judgment for whatever amount a trial on the issue of damages produces, as long as the defaulting party gets at least three days’ notice of that trial.

Subsection (d) closes with costs: absent a statute saying otherwise, costs go to the prevailing party as a matter of course unless the court directs differently, though costs against the state and its officers, agencies, and political subdivisions are limited to what the law otherwise permits.

Frequently Asked Questions

What counts as a “judgment” under Chapter 11?

The term includes a decree and any order from which an appeal lies, not only a final money judgment.

When can a Georgia court enter a final judgment on only some of the claims or parties in a case?

Only when the court expressly determines there’s no just reason for delay and expressly directs entry of judgment on those claims or parties; without both, the partial ruling isn’t final and remains open to revision.

Can a default judgment award more than the plaintiff demanded?

No. A default judgment can’t be different in kind from, or exceed in amount, what the demand for judgment prayed for.

What’s the rule for a medical malpractice default judgment above $10,000?

The court may render a default judgment for the amount determined at a trial on the issue of damages, provided the defaulting party is served with at least three days’ notice of that trial.

Who pays the costs of a Georgia civil case?

Costs go to the prevailing party as a matter of course unless a statute says otherwise or the court directs a different result; costs against the state and its subdivisions are limited to what the law permits.

Amendment History

Ga. L. 1966, p. 609, § 54; Ga. L. 1976, p. 1047, § 2.

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 rule 54(b) certificationdefault judgment amount cap georgiamedical malpractice default judgment georgiacosts to prevailing party georgia