Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-2-1 Definitions
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As used in this title, the term: (1) “Action” means the judicial means of enforcing a right. (2) “Civil action” means an action founded on private rights, arising either from contract or tort. (3) “Penal action” means an action allowed in pursuance of public justice under particu…
O.C.G.A. § 9-2-2 Actions in personam; actions in rem
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(a) An action may be against the person, or against property, or both. (b) Generally, a proceeding against the person shall bind the property also. A proceeding against property without service on the person shall bind only the particular property. History. Orig. Code 1863, § 317…
O.C.G.A. § 9-2-20 Del Lago Ventures, Inc
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v. QuikTrip Corp., 330 Ga. App. 138, 764 S.E.2d 595, 2014 Ga. App. LEXIS 820 (2014). Disputes concerning ownership of or right of access to land. — Because a club’s possession of certain real property did not eliminate the need for direction to resolve an on-going conflict over a …
O.C.G.A. § 9-2-22 Joinder of defendants in action for deficiencies in construction
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In any action arising out of alleged deficiencies in the construction of improvements on real property, the party plaintiff may join in one action, as parties defendants, all parties who allegedly contributed in the construction of the improvements as well as all bonding companies…
O.C.G.A. § 9-2-23 Separate action by tenant in common
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A tenant in common may bring an action separately for his own interest, and the judgment in such case shall affect only himself. History. Orig. Code 1863, § 3183; Code 1868, § 3194; Code 1873, § 3259; Code 1882, § 3259; Civil Code 1895, § 4941; Civil Code 1910, § 5518; Code 1933,…
O.C.G.A. § 9-2-24 Action by unincorporated association
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An action may be maintained by and in the name of any unincorporated organization or association. History. Ga. L. 1959, p. 44, § 1.
O.C.G.A. § 9-2-26 Prosecution of action against less than all joint contractors or copartners
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When two or more joint contractors, joint and several contractors, or copartners are defendants in the same action and service is perfected on one or more of the contractors or copartners and the officer serving the writ or process returns that the rest are not to be found, the p…
O.C.G.A. § 9-2-27 Action against representative of joint obligor
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Where any person is in possession, in his own right or in any other capacity, of any note, bill, bond, or other obligation in writing, signed by two or more persons, and one or more of the persons whose names are so signed dies before the payment of the money or the compliance wi…
O.C.G.A. § 9-2-28 Definitions
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Actions in personam; actions in rem. Remedy for every right. Pursuit of consistent or inconsistent remedies. Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception. Demand prior to action not…
O.C.G.A. § 9-2-29 Plaintiff in penal action
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If no special officer is authorized to be the plaintiff in a penal action, 69 9-2-30 the state, the Governor, the Attorney General, or a prosecuting attorney may be the plaintiff. History. Orig. Code 1863, § 3178; Code 1868, § 3189; Code 1873, § 3254; Code 1882, § 3254; Civil Cod…
O.C.G.A. § 9-2-3 Remedy for every right
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For every right there shall be a remedy; every court having jurisdiction of the one may, if necessary, frame the other. History. Orig. Code 1863, § 3174; Code 1868, § 3185; Code 1873, § 3250; Code 1882, § 3250; Civil Code 1895, § 4929; Civil Code 1910, § 5506; Code 1933, § 3-105.
O.C.G.A. § 9-2-30 Editor’s notes
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— This chapter was effective January 1, 1998, to the extent that no vested rights of title, year’s support, succession, or inheritance are impaired, as provided by the version of Code Section 53-1-1 enacted by Ga. L. 1996, p. 504, § 10, as amended by Ga. L. 1997, p. 1352, § 1. Ga…
O.C.G.A. § 9-2-4 Pursuit of consistent or inconsistent remedies
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A plaintiff may pursue any number of consistent or inconsistent remedies against the same person or different persons until he shall obtain a satisfaction from some of them. History. Civil Code 1895, § 4945; Civil Code 1910, § 5522; Code 1933, § 3-114; Ga. L. 1967, p. 226, § 45. …
O.C.G.A. § 9-2-40 No abatement on death of party where cause survives
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No action shall abate by the death of either party, where the cause of action shall in any case survive to or against the legal representatives of the deceased party, either in the same or any other form of action. History. Laws 1799, Cobb’s 1851 Digest, p. 472.; Code 1863, § 337…
O.C.G.A. § 9-2-42 Death of one or more codefendants; suggestion of record
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In all actions against two or more defendants, one or more of whom have died or may die pending the action, the plaintiff may suggest the death of record and proceed against the surviving defendants to the extent of their respective liabilities. History. Ga. L. 1859, p. 49, § 1; …
O.C.G.A. § 9-2-43 No abatement where some defendants not liable
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An action against several persons shall not abate where it appears that some of the defendants are not liable but may proceed against those who are liable. History. Orig. Code 1863, § 3375; Code 1868, § 3394; Code 1873, § 3442; Code 1882, § 3442; Civil Code 1895, § 5039; Civil Co…
O.C.G.A. § 9-2-44 Effect of former recovery; pendency of former action
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(a) A former recovery or the pendency of a former action for the same cause of action between the same parties in the same or any other court having jurisdiction shall be a good cause of abatement. However, if the first action is so defective that no recovery can possibly be had, …
O.C.G.A. § 9-2-45 Parties to actions on contracts; action by beneficiary
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Parties to actions for torts; notice to Department of Community Health for a party who has received medical assistance benefits. Joinder of defendants in action for deficiencies in construction. Separate action by tenant in common. Action by unincorporated association. Action again…
O.C.G.A. § 9-2-6 Demand prior to action not necessary
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No demand shall be necessary before the commencement of an action, except in such cases as the law or the contract prescribes. History. Orig. Code 1863, § 3179; Code 1868, § 3190; Code 1873, § 3255; Code 1882, § 3255; Civil Code 1895, § 4935; Civil Code 1910, § 5512; Code 1933, §…
O.C.G.A. § 9-2-60 Dismissal for want of prosecution; costs; recommencement within six months
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(a) For the purposes of this Code section, an order of continuance will be deemed an order and the word “proceedings” shall be held to include, but shall not be limited to, an appeal from an award of assessors or a special master in a condemnation proceeding. (b) Any action or ot…
O.C.G.A. § 9-2-61 Robinson v
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Boyd, 288 Ga. 53, 701 S.E.2d 165, 2010 Ga. LEXIS 772 (2010). Action on nonnegotiable instrument by different plaintiff. — When a new action on a nonnegotiable instrument is commenced by another and different plaintiff, pendency and dismissal of the former action will not avoid ba…
O.C.G.A. § 9-2-62 Retraxit and dismissal or discontinuance distinguished
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A retraxit differs from a dismissal or discontinuance in that a retraxit is the open, public, and voluntary renunciation by the plaintiff in open court of his action or cause of action. It is positive and conclusive of the plaintiff’s right of action. Where a retraxit is entered …
O.C.G.A. § 9-2-63 Affidavit of indigence for renewal of action
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When any action is dismissed or discontinued and the plaintiff desires to recommence his action, if he will make and file with his complaint, summons, or other proceedings an affidavit in writing stating that he is advised and believes that he has good cause for recommencing his a…
O.C.G.A. § 9-2-7 Implied promise to pay for services or property
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Ordinarily, when one renders service or transfers property which is valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof. However, this presumption does not usually arise in cases between very near relatives. History. Civil Code …