Title 9 — Civil Practice

Where civil cases are pending in the superior courts, the Court of Appeals, or the Supreme Court in which the state is a party plaintiff, preference shall be given to such cases over all other cases so pending; and the judges or Justices, as the case may be, shall use all the pow…

(a) Any party, litigant, or other person required or permitted by law to give or post bond or bail as surety or security for the happening of any event or act in all civil matters may discharge the requirement by depositing cash in the amount of the bond so required with the appr…

Whenever an action is brought on an open account and the same is 829 9-10-112 verified by the plaintiff as provided by law, the answer either shall deny that the defendant is indebted in any sum or shall specify the amount in which the defendant admits he may be indebted and it sh…

All affidavits, petitions, answers, defenses, or other proceedings required to be verified or sworn to under oath shall be held to be sufficient when the same are sworn to before any notary public, magistrate, judge of any court, or any other officer of the state or county where t…

Where a defendant may have a remedy over against another person and vouches him into court by giving notice of the pendency of the action, the judgment rendered therein shall be conclusive upon the person vouched, as to the amount and right of the plaintiff to recover. History. C…

All affidavits for the foreclosure of liens, including mortgages, all affidavits that are the foundation of legal proceedings, and all counter affidavits shall be amendable to the same extent as ordinary pleadings and with only the restrictions, limitations, and consequences of o…

All bonds taken under requirement of law in the course of a judicial proceeding may be amended and new security given if necessary. History. Orig. Code 1863, § 3434; Code 1868, § 3454; Code 1873, § 3505; Code 1882, § 3505; Civil Code 1895, § 5123; Civil Code 1910, § 5707; Code 19…

All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other civil judicial proceedings, shall, on motion, be amended and corrected instanter without working unnecessary delay to the party making the same. History. Laws 1850, Cobb’s 1851 Digest, p. …

The mistake or misprision of a clerk or other ministerial officer shall in no case work to the injury of a party where by amendment justice may be promoted. History. Laws 1799, Cobb’s 1851 Digest, p. 480; Code 1863, § 3436; Code 1868, § 3456; Code 1873, § 3507; Code 1882, § 3507;…

Bonds in judicial proceedings amendable. Amendment of misnomers on motion. Mistake by clerk or ministerial officer. Amendment by negligent party; payment of costs; terms. Amendment of pleadings on court ruling not waiver of objection thereto. for 9-10-161. 9-10-162. 9-10-163. 9-1…

— Pursuant to Code Section 28-9-5, in 2019, a period was substituted for a comma at the end of the third sentence of subsection (a). Editor’s notes. — Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides that: ‘‘This Act shall apply to all civil and crim…

The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a sufficient ground for continuance, provided that the party making the application for a continuance will swear that he cannot go…

— Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides that: ‘‘This Act shall apply to all civil and criminal cases, including, but not limited to, any case currently initiated within any court in this state.’’

The party amending pleadings or other proceedings in any of the courts of this state shall not be entitled to delay or continuance on account of the amendment, except by leave of the court to enable him to make the amendment. History. Orig. Code 1863, § 3449; Code 1868, § 3469; C…

When any case is sent back for trial by the Supreme Court or the Court of Appeals, the same shall be in order for trial; and, if the continuances of a party are exhausted, the trial court may grant one continuance to the party as the ends of justice may require. History. Ga. L. 1…

No appeal case shall be continued more than twice by the same party, except for providential cause, for which it may be continued as often as justice may require. History. Orig. Code 1863, § 3459; Code 1868, § 3479; Code 1873, § 3530; Code 1882, § 3530; Civil Code 1895, § 5137; C…

A continuance requested by a party in a pending case in any court shall not be granted for longer than one term. History. Laws 1799, Cobb’s 1851 Digest, p. 486.; Code 1863, § 3448; Code 1868, § 3468; Code 1873, § 3519; Code 1882, § 3519; Civil Code 1895, § 5126; Civil Code 1910, …

A case not reached at the trial term stands over as continued. 863 History. Orig. Code 1863, § 3455; Code 1868, § 3475; Code 1873, § 3526; Code 1882, § 3526; Civil Code 1895, § 5133; Civil Code 1910, § 5719; Code 1933, § 81-1414. 9-10-166

In all cases, the party making an application for a continuance must show that he has used due diligence. History. Orig. Code 1863, § 3457; Code 1868, § 3477; Code 1873, § 3528; Code 1882, § 3528; Civil Code 1895, § 5135; Penal Code 1895, § 965; Civil Code 1910, § 5721; Penal Cod…

— For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For comment on Cannady v. State, 190 Ga. 227, 9 S.E.2d 241 (1940), see 3 Ga. B.J. 55 (1940).

No continuance shall be granted in any of the courts in this state which have a continuous session for 30 days or more, over the objection of the adverse party, where the cause for the same can be obviated by a postponement to a later day during the term. It shall be the duty of …

Continuances of cases in the superior, state, county, and city courts and the dates thereof shall be entered on the docket. Upon the call of the calendar which includes such case, the judge shall announce the continuance. History. Ga. L. 1895, p. 41, § 1; Civil Code 1895, § 5140;…

Counsel shall be limited in their arguments to two hours on a side. History. Ga. L. 1924, p. 75, §§ 2, 3; Code 1933, § 81-1007; Ga. L. 1983, p. 884, § 3-4.

Not more than two counsel for each side shall be permitted to argue any case, except by express leave of the court; and in no case shall more than one counsel be heard in conclusion. History. Ga. L. 1924, p. 75, § 1; Code 1933, § 81-1004.

In the trial of any civil action, counsel for either party shall be permitted to use a blackboard and models or similar devices in connection with his argument to the jury for the purpose of illustrating his contentions with respect to the issues which are to be decided by the ju…

In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, however, that any such argument shall conform to the evidence or reasonable deductions from the evidence in the case. H…

— For article, ‘‘From O.J. to McVeigh: The Use of Argument in the Opening Statement,’’ see 48 Emory L.J. 107 (1999). For article, ‘‘Death Penalty Law,’’ see 53 Mercer L. Rev. 233 (2001). For note, ‘‘Argument of Counsel,’’ see 1 Ga. B.J. 44 (1927). For comment on Aycock v. State, …

Moore, 281 Ga. 81, 635 S.E.2d 107 (2006). Distinction between O.C.G.A. §§ 9-11-21 and 9-11-42(b). — Severance under O.C.G.A. § 9-11-21 may be principally directed to the separation of claims within multiclaim litigation because of the peculiar relationship or status of parties wi…

Any verdict, decision, judgment, decree, order, ruling, or other judicial action by any court in this state in any matter in which this state or an official of this state in his official capacity is a party defendant, intervenor, respondent, appellee, or plaintiff in fi. fa. shall…

The form of an action for the recovery of real estate and mesne profits may be as follows: IN THE COURT OF STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) 890 COUNTY The defendant herein named is a resident of (st…

The form of an action for the recovery of personal property may be as follows: IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) COMPLAINT The defendant herein named is a resident of (street)…

The form of an action to recover money on a judgment may be as follows: IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) COMPLAINT The defendant herein named is a resident of (street), (city…

The form of an action for a breach of warranty in a deed may be as follows: IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) COMPLAINT The defendant herein named is a resident of (street), (…

The form of an action for words may be as follows: IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff v. C.D., Defendant ) ) ) ) ) ) ) Civil action File no. (Clerk will insert number.) COMPLAINT The defendant herein named is a resident of (street), (city), County, Georgia, a…

During the trial in any court of any case in which the evidence is vulgar and obscene or relates to improper sexual acts and tends to debauch the morals of the young, the presiding judge shall have the right, in his discretion and on his own motion, or on motion of the plaintiff …

(a) If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this …

Where the maker and endorser of a promissory note who reside in different counties are subjected to an action in the county where the maker resides, as provided by Article VI, Section II, Paragraph V of the Constitution of this state, service of a copy of the original pleading an…

A person who is not a citizen of this state, passing through or sojourning temporarily in the state, may be subject to an action in any county thereof in which he may be found at the time when the action is brought. History. Orig. Code 1863, § 3318; Code 1868, § 3339; Code 1873, …

(a) As used in this Code section, the term: (1) “Defending party” means a party to a civil action who is: (A) A defendant who contends that a person or entity not a party to the action is or may be liable to the defendant for all or part of a plaintiff’s claim against the defenda…

All collateral issues in the superior, state, or city courts, unless otherwise directed by law, shall be tried by jury. History. Orig. Code 1863, § 3532; Code 1868, § 3555; Code 1873, § 3612; Code 1882, § 3612; Civil Code 1895, § 4948; Civil Code 1910, § 5525; Code 1933, § 81-101…

Editor’s notes. — Ga. L. 2005, p. 20, § 1/HB 170, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Criminal Justice Act of 2005.’ ’’ Ga. L. 2005, p. 20, § 17/HB 170, not codified by the General Assembly, provides that the 2005 …

In all actions brought by one county against another county in the defending county, the judge shall change the venue to a county adjoining the one in which the action is brought, on the motion of the plaintiff, supported by the oath of the chairman or presiding official of the c…

After a case has been transferred, all further proceedings shall be conducted as if the case had been originally commenced in the court to which the same was transferred. History. Ga. L. 1884-85, p. 35, § 3; Civil Code 1895, § 4958; Civil Code 1910, § 5535; Code 1933, § 3-210.

All costs which have accrued at the time of the transfer of a case shall, at the termination of the case, be paid by the party or parties against whom the same are assessed to the proper officers of the county from which the case was transferred. History. Ga. L. 1884-85, p. 35, §…

A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties. History. Civil Code 1895, § 5337; Civil Code 1910, § 5932; Code 1933, § 110-108; Ga. L. 2011, p. 99, § 9/HB 24. History of Section. This Code section is derived from the decisions i…

GMC, 187 Ga. App. 176, 369 S.E.2d 525, 1988 Ga. App. LEXIS 545 (1988). Response to jury question as to elements. — Trial court’s statements to the jury did not give undue prominence to contentions of either party where the judge, in response to a question from the jury, told the …

The defendant may acknowledge service or waive process by a writing signed by the defendant or someone authorized by him. History. Laws 1840, Cobb’s 1851 Digest, p. 363.; Code 1863, § 3250; Code 1868, § 3261; Code 1873, § 3337; Code 1882, § 3337; Civil Code 1895, § 4983; Civil Co…

Sweeney, 514 F. Supp. 622, 1981 U.S. Dist. LEXIS 12337 (S.D. Ga. 1981). Rule conferring jurisdiction over nonresident tort-feasors committing tortious acts or omissions outside the state which cause injury within the state exists judicially under paragraph (2) of O.C.G.A. § 9-10-…

Where personal jurisdiction is based solely upon this article, an appearance does not confer such jurisdiction with respect to causes of action not arising from the conduct enumerated in Code Section 9-10-91. History.

Venue in cases under this article shall lie in any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located. Where an action is brought against a resident of this state, any nonresident of th…