Title 9 — Civil Practice

This chapter governs the procedure in all courts of record of this state in all actions of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Code Section 9-11-81. This chapter shall be construed to secure the just, speedy, and inexpensi…

(a) Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court and county, the title of the action, the file number, and a designation as in subsection (a) of Code Section 9-11-7. In the complaint the title of the action shall include th…

9-11-101. Form of summons. IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. C.D., Defendant ) ) Civil action File no. ) ) (Clerk will insert number.) SUMMONS To the above-named defendant: You are hereby summoned and required to file with the clerk of said court an…

9-11-103. Form of complaint on a promissory note. 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 C.D., herein named, is a resident of (street), (city), County, Geor…

Lien of payee on merchandise when stop payment issued on check used to purchase the merchandise, § 44-14-516.

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

City of Marietta, 287 Ga. App. 1, 650 S.E.2d 363 (2007), cert. denied, 2008 Ga. LEXIS 128 (Ga. 2008). 9-15-14 Necessary evidence demonstrating fee. — Trial court did not err in granting attorney’s fees under subsection (b) of O.C.G.A. § 9-15-14 upon finding that the plaintiff unn…

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

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 C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this co…

IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. C.D., ) Civil action ) File no. ) Defendant ) MOTION TO DISMISS The defendant moves the court as follows: 1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can…

Eastern Air Lines, 159 Ga. App. 630, 284 S.E.2d 647 (1981). Trial court’s ruling that the defendant did not timely assert the defendant’s de- 231 9-11-12 How Defenses, etc., Presented (Cont’d) 3. Personal Jurisdiction (Cont’d) fense of lack of personal jurisdiction due to the pla…

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 through 9-11-130. Reserved. 9-11-131. For…

(a) Compulsory counterclaims. A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and do…

IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) ) Plaintiff ) v. ) ) C.D., Civil action File no. ) ) Defendant JUDGMENT This action came on for trial before the court and a jury, Honorable John Marshall, presiding, and the issue having been duly tried and the jury having duly ren…

IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) ) C.D., Civil action File no. ) Defendant ) JUDGMENT This action came on for (trial) (hearing) before the court, Honorable John Marshall, presiding, and the issues having been duly (tried) (heard) and a decision h…

(a) When defendant may bring in third party. At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintif…

v. Thompson, 222 Ga. App. 821, 476 S.E.2d 22 (1996). Issue of actual damages, having been litigated by the implied consent of the parties, was not foreclosed because of its absence from the complaint. Conner v. Conner, 269 Ga. 112, 499 S.E.2d 54 (1998). Application of subsection …

(a) Upon the motion of any party, or upon its own motion, the court shall direct the attorneys for the parties to appear before it for a conference to consider: (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibi…

(a) Real party in interest. Every action shall be prosecuted in the name of the real party in interest. An executor, an administrator, a guardian, a bailee, a trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a…

(a) Joinder of claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim may join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party. (b) Joinder of remedie…

Auto. Ins. Co. v. Cox, 233 Ga. App. 296, 502 S.E.2d 778 (1998), aff ’d, 271 Ga. 77, 515 S.E.2d 832 (1999). When parties may be changed. — Parties may be dropped or added by order of court, on motion of any party, or of the court’s own initiative, at any stage of the action, inclu…

One form of action. 9-11-16. Article 2 Article 4 Commencement of Action and Service 9-11-3. 9-11-4. 9-11-4.1. 9-11-5. 9-11-6. Counterclaim and cross-claim.

(a) Permissive joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of …

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded w…

(a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several …

(a) One or more members of a class may sue or be sued as representative parties on behalf of all only if: (1) The class is so numerous that joinder of all members is impracticable; (2) There are questions of law or fact common to the class; (3) The claims or defenses of the repre…

(a) Intervention of right. Upon timely application anyone shall be permitted to intervene in an action: (1) When a statute confers an unconditional right to intervene; or (2) When the applicant claims an interest relating to the property or transaction which is the subject matter…

(a) Death. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representative of the deceased party and, together with the notice of the…

Ry. v. Thompson, 208 Ga. App. 240, 430 S.E.2d 371 (1993). Witness statement generated by plaintiff ’s and attorney’s joint interview. — When an attorney and the plaintiff jointly interviewed a witness shortly before suit was filed and in contemplation of the litigation, the state…

(a) Before action. (1) Petition. A person who desires to perpetuate such person’s own testimony or that of another person regarding any matter that may be cognizable in any court may file a verified petition in the superior court of the county where the witness resides. The petit…

Unless the court orders otherwise, the parties may, by written stipulation: (1) Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions; and (2) Modify the procedures …

(a) A civil action is commenced by filing a complaint with the court. (b) At the time of filing the complaint for a civil action in superior court or state court, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain c…

(a) When depositions may be taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a depo…

(a) Serving questions; notice. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon 463 9-11-31 written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Code Sectio…

510, entirely superseded the former version of this section, the purpose being to conform the discovery provisions of the Civil Practice Act (see now O.C.G.A. Ch. 11, T. 9) to the 1970 amendments to the Federal Rules of Civil Procedure. Georgia Int’l Life Ins. Co. v. Boney, 139 G…

Toronto-Dominion Bank, 168 Ga. App. 279, 308 S.E.2d 682 (1983). Number of interrogatories allowed. — Without leave of court, a party may not serve a total of more than 50 interrogatories and such limit is a cumulative, not a ‘‘per set’’ limit. Copher v. Mackey, 220 Ga. App. 43, 4…

Morton, 203 Ga. App. 77, 416 S.E.2d 134 (1992). Untimeliness of filing discovery materials excused. — Plaintiff ’s filing of discovery materials at the summary judgment hearing, pursuant to Ga. Super. Ct. R. 6.5, was allowed although untimely under O.C.G.A. § 9-11-29.1, as it was…

Notwithstanding the provisions of Code Section 9-11-34, in any civil action based upon evidence seized in a criminal proceeding involving any violation of Part 2 of Article 3 of Chapter 12 of Title 16, a party shall not be permitted to copy any books, papers, documents, photograp…

(a) Order for examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical ex…

(a) Scope; service; answer or objection; motion to determine sufficiency. (1) A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of subsection (b) of Code Section 9-11-2…

Kimoto USA, Inc., 209 Ga. App. 296, 433 S.E.2d 342 (1993). Plaintiff ’s intentional failure to attend the plaintiff ’s deposition and answer discovery requests warranted dismissal of the complaint, and the fact that the defendant also failed to respond to discovery did not excuse…

The right of trial by jury as declared by the Constitution of the state or as given by a statute of the state shall be preserved to the parties inviolate. (Ga. L. 1966, p. 609, § 38.)

(a) The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, may consent to trial by the court sitting without a jury. (b) In all actions not triable of right by a jury, or where …

Atlanta Cas. Co., 215 Ga. App. 747, 452 S.E.2d 130 (1994). Process serving company or the company’s designated agent was appointed by 9-11-4 the trial court to effectuate service on the out-of-state tortfeasor in the injured parties’ personal injury action; although the better pr…