Title 9 — Civil Practice

(a) Certified process servers. A person at least 18 years of age who files with a sheriff of any county of this state an application stating that the movant complies with this Code section and any procedures and requirements set forth in any rules or regulations promulgated by th…

Butler, 240 Ga. App. 72, 522 S.E.2d 548 (1999). Publication in official county newspaper sufficient. — Publication of trial calendar in official county newspaper is notice of trial pursuant to subsection (c) of this section. Brown v. Citizens & S. Nat’l Bank, 245 Ga. 515, 265 S.E…

Zohouri, 218 Ga. App. 748, 463 S.E.2d 141 (1995). Dismissal allowed when issues of liability and damages were bifur- 9-11-41 cated. — Plaintiff who brought a breach of contract action and was unable to adequately prove lost profits was entitled to voluntarily dismiss the plaintif…

(a) Consolidation. When actions involving a common question of law or fact are pending before the court, if the parties consent, the court may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may m…

(a) Evidence on trials. In all trials the testimony of witnesses shall be taken orally in open court unless otherwise provided by this chapter or by statute. (b) Evidence on motions. When a motion is based on facts not appearing of record, the court may hear the matter on affidav…

Reserved. Repealed by Ga. L. 2011, p. 99, § 10/HB 24, effective January 1, 2013. Editor’s notes. — This Code section was based on Ga. L. 1967, p. 226, § 20. Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion mad…

(a) Formal exceptions to rulings or orders of the court are unnecessary. For all purposes for which an exception has heretofore been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which…

(a) The parties may by written stipulation, filed of record, stipulate that the jury shall consist of any number less than that fixed by statute. (b) The court may direct that one or two jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. A…

9-11-49. Special verdicts. (a) The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may …

(a) Motion for directed verdict; when made; effect. A motion for a directed verdict may be made at the close of the evidence offered by an opponent or at the close of the case. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer …

9-11-52. Findings by the court. (a) In ruling on interlocutory injunctions and in all nonjury trials in courts of record, the court shall upon request of any party made prior to such ruling, find the facts specially and shall state separately its conclusions of law. If an opinion…

Bazemore, 173 Ga. App. 294, 325 S.E.2d 905 (1985). Judge’s decision on facts as binding on parties as jury’s verdict. — When a question of substantive fact (as distinguished from a decision of law) is submitted to the judge for trial without the intervention of a jury, the judge’…

Consent to trial by court; jury trial on court order. Time and place of trial. Dismissal of actions; recommencement within six months. Consolidation; severance. Evidence. Official records [Repealed]. Subpoena for taking depositions; objections; place of examination. Exceptions un…

Coweta County, 271 Ga. App. 349, 609 S.E.2d 695 (2005), vacated in part, 280 Ga. App. 852, 635 S.E.2d 234 (2006). Order allowing motion to open default. — Appeal from order allowing a motion to open default when no certificate of review under subsection (b) of this section is fil…

Nichols, 202 Ga. App. 95, 413 S.E.2d 215 (1991). Failure of the defendant’s insurance agent to deliver the summons and complaint to the insurer and the failure of the defendant to check on the suit were omissions which the trial court could find did not constitute excusable negle…

v. Coleman, 188 Ga. App. 809, 374 S.E.2d 544, cert. denied, 188 Ga. App. 912, 374 S.E.2d 544 (1988). Statement of affiant ‘‘upon information and belief’’ cannot be considered, as this evidence is not upon the personal knowledge of the affiant. Gann v. Mills, 124 Ga. App. 238, 183…

9-11-58. Entry of judgment; judge’s name to be typed, printed, or stamped after signature; filing of civil case disposition form. (a) Signing. Except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk. The signatur…

9-11-60. Relief from judgments. (a) Collateral attack. A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in thi…

Co. v. First Fed. Sav. & Loan Ass’n, 168 Ga. App. 899, 310 S.E.2d 712 (1983). Extension of Time Subsections (b) and (d) provide flexibility in filing times. — O.C.G.A. § 9-11-56(c), relating to affidavits in support of summary judgments, requires that only supporting material whi…

Kirby, 165 Ga. App. 163, 300 S.E.2d 192 (1983). 996 Action to set aside, on the ground of duress, that portion of a divorce decree that obligated the former wife to pay child support was required to have been brought within three years of the decree’s entry. Mehdikarimi v. Emadda…

No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherw…

(a) Stay upon entry of judgment. No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of ten days after its entry, except that, in the case of a default judgment, execution may issue and enforcement proceedings may be ta…

9-11-64. Reserved. 9-11-65. Injunctions and restraining orders.

(a) Interlocutory injunction. (1) Notice. No interlocutory injunction shall be issued without notice to the adverse party. (2) Consolidation of hearing with trial on merits. Before or after the commencement of the hearing of an application for an interlocutory injunction, the cou…

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…

In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be …

— For comment on Tucker v. Howard L. Carmichael & Sons, 208 Ga. 201, 65 S.E.2d 909 (1951), holding child may maintain action for prenatal injury caused by negligence of another, see 14 Ga. B. J. 249 (1951). For comment on Wright v. Wright, 85 Ga. App. 721, 70 S.E.2d 152 (1952), s…

Process to enforce a judgment for the payment of money shall be a writ of execution unless the court directs otherwise. In aid of the judgment or execution, the judgment creditor, or his successor in interest when that interest appears of record, may do any or all of the followin…

(a) Pleadings. There shall be a complaint and an answer; a third-party complaint, if a person who is not an original party is summoned under Code Section 9-11-14; and a third-party answer, if a third-party complaint is served. There may be a reply to a counterclaim denominated as…

A decree for specific performance shall operate as a deed to convey land or other property without any conveyance being executed by the vendor. The decree, certified by the clerk, shall be recorded in the registry of deeds in the county where the land lies and shall stand in the …

Unless local conditions make it impracticable, each court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or pla…

9-11-80. Reserved. 9-11-81. Applicability.

State, 213 Ga. App. 309, 444 S.E.2d 372 (1994). Plea of insufficient information to admit or deny is a denial. — Defendants’ plea that the defendants were without sufficient information to either admit or deny certain allegations of the complaint had the effect of a denial under …

9-11-81. Applicability. 9-11-82. Jurisdiction and venue unaffected.

This chapter shall apply to all special statutory proceedings except to the extent that specific rules of practice and procedure in conflict herewith are expressly prescribed by law; but, in any event, the provisions of this chapter governing the sufficiency of pleadings, defense…

This chapter shall not be construed to extend or limit the jurisdiction of the courts or the venue of actions therein. (Ga. L. 1966, p. 609, § 82.) 1051 9-11-82 CIVIL PRACTICE

Each court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with this chapter or any other statute. (Ga. L. 1966, p. 609, § 83.)

9-11-85. Short title. Article 10 Forms Article 7 9-11-100. 9-11-101. 9-11-102. 9-11-103. Judgment 9-11-54. 9-11-55. 9-11-56. 9-11-57. 9-11-58. 9-11-59. 9-11-60. 9-11-61. Stay of proceedings to enforce a judgment. Provisional and Final Remedies and Special Proceedings Article 6 9-…

This chapter may be known and cited as the ‘‘Georgia Civil Practice Act.’’ (Ga. L. 1966, p. 609, § 85.)

Fowler, 248 Ga. 801, 9-11-9 286 S.E.2d 13, appeal dismissed, 457 U.S. 1113, 102 S. Ct. 2918, 73 L. Ed. 2d 1324 (1982). Defendant was not estopped from asserting the improper party defense on grounds that the defendant did not comply with O.C.G.A. §§ 9-11-9 and 9-11-19, since thos…

Middle Ga. Hosp., Inc., 211 Ga. App. 884, 440 S.E.2d 687 (1994). Facsimile copy of expert affidavit satisfies the pleading standards of O.C.G.A. § 9-11-9.1 and the original may then be filed as a supplemental pleading without requiring the action to be renewed. Sisk v. Patel, 217…