Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-3-1 Limitations against the state
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Except as otherwise provided by law, the state shall be barred from bringing an action if, under the same circumstances, a private person would be barred. History. Ga. L. 1855-56, p. 233, § 38; Code 1873, § 2925a; Code 1882, § 2925a; Civil Code 1895, § 3777; Civil Code 1910, § 43…
O.C.G.A. § 9-3-110 New promise to be in writing
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A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party’s own handwriting or subscribed by him or someone authorized b…
O.C.G.A. § 9-3-111 Written promise following discharge in bankruptcy
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No promise made after discharge in bankruptcy to pay a debt provable in bankruptcy from the liability of which the debtor has been discharged shall be valid or binding upon the debtor or promisor unless the same is made in writing and signed by the party making the same or to be …
O.C.G.A. § 9-3-113 Effect of new promise
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A new promise shall revive or extend the original liability; it shall not create a new one. History. Orig. Code 1863, § 2877; Code 1868, § 2885; Code 1873, § 2936; Code 1882, § 2936; Civil Code 1895, § 3790; Civil Code 1910, § 4386; Code 1933, § 3-904.
O.C.G.A. § 9-3-114 Whom new promise by joint contractor binds
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In cases of joint or joint and several contracts, a new promise by one of the contractors shall operate only against the promisor. History. Ga. L. 1855-56, p. 233, § 27; Code 1863, § 2879; Code 1868, § 2887; Code 1873, § 2938; Code 1882, § 2938; Civil Code 1895, § 3792; Civil Cod…
O.C.G.A. § 9-3-115 New promise to be in writing
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Written promise following discharge in bankruptcy. Payment or written acknowledgment equivalent to new promise. Effect of new promise. Whom new promise by joint contractor binds. Effect of new promise by partner. Time limitation on bringing of actions by common carriers for recov…
O.C.G.A. § 9-3-2 Limitations against municipalities
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Any claim or demand held by any municipality not in the nature of a special contract or not reduced to execution shall be barred by the general statutes of limitation of force, and all executions issued by any municipality shall be subject to the same laws relating to the statute…
O.C.G.A. § 9-3-20 Actions on foreign judgments
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All actions upon judgments obtained outside this state, except judgments for child support or spousal support, or both, shall be brought within five years after such judgments have been obtained. History. Laws 1805, Cobb’s 1851 Digest, p. 564.; Ga. L. 1855-56, p. 233, § 7; Code 18…
O.C.G.A. § 9-3-23 Sealed instruments
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Actions upon bonds or other instruments under seal shall be brought within 20 years after the right of action has accrued. No instrument shall be considered under seal unless so recited in the body of the instrument. History. Laws 1806, Cobb’s 1851 Digest, p. 566.; Ga. L. 1855-56…
O.C.G.A. § 9-3-24 Bryant v
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Allstate Ins. Co., 254 Ga. 328, 326 S.E.2d 753, 1985 Ga. LEXIS 627 (1985); Sentry Ins. v. Echols, 174 Ga. App. 541, 330 S.E.2d 725, 1985 Ga. App. LEXIS 1875 (1985), superseded by statute as stated in Dallas Blue Haven Pools, Inc. v. Taslimi, 180 Ga. App. 734, 350 S.E.2d 265, 1986…
O.C.G.A. § 9-3-25 Bridge Capital Investors II v
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Small, 144 Fed. Appx. 762, 2005 U.S. App. LEXIS 14182 (11th Cir. 2005). Accrual of right of contribution. — When principal obligor, with own funds, pays joint debt due by the obligor and the coprincipal, the right upon implied contract of coprincipal to bear share of common burde…
O.C.G.A. § 9-3-26 Other actions on contracts; exception
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All other actions upon contracts express or implied not otherwise provided for shall be brought within four years from the accrual of the right of action. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Ti…
O.C.G.A. § 9-3-27 Actions against fiduciaries
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All actions against executors, administrators, or guardians, except on 207 9-3-27 their bonds, shall be brought within ten years after the right of action accrues. History. Orig. Code 1863, § 2863; Code 1868, § 2871; Code 1873, § 2922; Code 1882, § 2922; Civil Code 1895, § 3772; …
O.C.G.A. § 9-3-28 Actions by informers
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All actions by informers to recover any fine, forfeiture, or penalty shall be commenced within one year from the time the defendant’s liability thereto is discovered or by reasonable diligence could have been discovered. History. Laws 1767, Cobb’s 1851 Digest, p. 563.; Code 1863, …
O.C.G.A. § 9-3-29 Breach of restrictive covenant
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(a) All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code…
O.C.G.A. § 9-3-3 Applicability of limitation statutes; equitable bar
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Unless otherwise provided by law, limitation statutes shall apply equally to all courts. In addition, courts of equity may interpose an equitable bar whenever, from the lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal righ…
O.C.G.A. § 9-3-30 Hickey v
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Bowden, 248 Ga. App. 647, 548 S.E.2d 347, 2001 Ga. App. LEXIS 259 (2001), rev’d in part, aff’d in part, 275 Ga. 249, 569 S.E.2d 495, 2002 Ga. LEXIS 479 (2002). Parties may contract for lesser time limit. — While O.C.G.A. § 9-3-24 provides that actions on simple contracts in writi…
O.C.G.A. § 9-3-30.2 Actions on foreign judgments
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[Reserved] Proceedings to set aside judgments. Enforcement of rights under statutes, acts of incorporation; recovery of wages, overtime, and damages. Sealed instruments. Actions on simple written contracts; exceptions. Open accounts; breach of certain contracts; implied promise; …
O.C.G.A. § 9-3-31 Injuries to personalty
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Actions for injuries to personalty shall be brought within four years after the right of action accrues. History. Laws 1767, Cobb’s 1851 Digest, p. 562.; Laws 1805, Cobb’s 1851 Digest, p. 564.; Ga. L. 1855-56, p. 233, § 4; Code 1863, § 2991; Code 1868, § 3004; Code 1873, § 3059; …
O.C.G.A. § 9-3-33 Roberts v
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Georgia, 228 Fed. Appx. 851, 2007 U.S. App. LEXIS 8005 (11th Cir. 2007). Claims under 42 U.S.C. § 1981. — Employee’s race discrimination claims against an employer under 42 U.S.C. § 1981, based on a failure to promote, were barred by the applicable two-year limitations period of …
O.C.G.A. § 9-3-33.1 Actions for childhood sexual abuse
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(a)(1) As used in this subsection, the term “childhood sexual abuse” means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of: (A) Rape, as prohibited in Code Section 16-6-1; (B) …
O.C.G.A. § 9-3-34 Article not applicable to malpractice
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This article shall not apply to actions for medical malpractice as defined in Code Section 9-3-70. History. Code 1933, § 3-718, enacted by Ga. L. 1976, p. 1363, § 2.
O.C.G.A. § 9-3-35 Actions by creditor seeking relief under Uniform Voidable Transactions Act
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An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the “Uniform Voidable Transactions Act,” shall be brought within the applicable period set out in Code Section 18-2-79. History. Code 1981, § 9-3-35, enacted by Ga. L. 2002…
O.C.G.A. § 9-3-36 Limitations on claims arising before decedent’s death
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(a) In no event may claims against a decedent’s estate that arose before the death of the decedent be brought more than six years after the date of the decedent’s death. (b) Subsection (a) of this Code section is intended to create a six-year statute of ultimate repose and abroga…
O.C.G.A. § 9-3-5 Beneficiaries barred along with trustee
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Where a trustee is barred, the beneficiaries of the estate represented by him shall also be barred. 154 History. Civil Code 1895, § 3773; Civil Code 1910, § 4367; Code 1933, § 3-710. History of Section. This Code section is derived from the 9-3-6 decision in Salter v. Salter, 80 G…
O.C.G.A. § 9-3-50 Definitions
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As used in this article, the term: (1) “Person” means an individual, corporation, partnership, business trust, unincorporated organization, association, or joint-stock company. (2) “Substantial completion” means the date when construction was sufficiently completed, in accordance…
O.C.G.A. § 9-3-52 Limitation not available to owner or tenant
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The limitation prescribed by this article shall not be asserted as a defense by any person who would otherwise be entitled to its benefits but who is in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency of such an improv…
O.C.G.A. § 9-3-53 Definitions
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Limitations on recovery for deficiency in planning, supervising, or constructing improvement to realty or for resulting injuries to property or person. Limitation not available to owner or tenant. Period of limitations not extended. Article 4 Limitations for Malpractice Actions 9-…
O.C.G.A. § 9-3-6 Applicability of limitations to setoffs
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The statute of limitations applies to the subject matter of setoff as well as to the plaintiff’s demand. History. Orig. Code 1863, § 3399; Code 1868, § 3418; Code 1873, § 3470; Code 1882, § 3470; Civil Code 1895, § 5089; Civil Code 1910, § 5673; Code 1933, § 3-708.
O.C.G.A. § 9-3-7 When mutual accounts postpone running of limitations
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The statute of limitations for a mutual account begins to run on the date of the last item thereof. A mutual account must include an indebtedness on both sides. Mere entries of credits of partial payments shall not be sufficient. History. Civil Code 1895, § 3769; Civil Code 1910,…
O.C.G.A. § 9-3-71 Stone v
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Radiology Servs., 206 Ga. App. 851, 426 S.E.2d 663, 1992 Ga. App. LEXIS 1809 (1992), cert. denied, No. S93C0582, 1993 Ga. LEXIS 298 (Ga. Mar. 18, 1993). Patient’s cause of action for medical malpractice related to a doctor’s failure to diagnose dislocated bones in the patient’s f…
O.C.G.A. § 9-3-72 Foreign objects left in body
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The limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient’s body, but in such a case an action shall 320 9-3-72 be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code s…
O.C.G.A. § 9-3-73 Certain disabilities and exceptions applicable
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(a) Except as provided in this Code section, the disabilities and exceptions prescribed in Article 5 of this chapter in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice. (b) Notwithstanding Article…
O.C.G.A. § 9-3-74 Barred actions not revived
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No action for medical malpractice which, prior to July 1, 1976, has been barred by the provisions of this chapter relating to actions shall be revived by this article. History. Code 1933, § 3-1105, enacted by Ga. L. 1976, p. 1363, § 1.
O.C.G.A. § 9-3-91 Disabilities suffered after accrual of cause
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If any person suffers a disability specified in Code Section 9-3-90 after his right of action has accrued and the disability is not voluntarily caused or undertaken by the person claiming the benefit thereof, the limitation applicable to his cause of action shall cease to operate d…
O.C.G.A. § 9-3-94 Removal of defendant from state
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Unless otherwise provided by law, if a defendant removes from this state, the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor. History. Laws 1805, Cobb’s 1851 Digest, p. 564.; Laws 1806, Cobb’s 1851 Digest, p. 565.; Law…
O.C.G.A. § 9-3-96 Tolling of limitations for fraud of defendant
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If the defendant or those under whom he claims are guilty of a fraud by which the plaintiff has been debarred or deterred from bringing an action, the period of limitation shall run only from the time of the plaintiff’s discovery of the fraud. History. Ga. L. 1855-56, p. 233, § 3…
O.C.G.A. § 9-3-97 Limitations extended for counterclaims and crossclaims
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The limitations of time within which various actions may be commenced and pursued within this state to enforce the rights of the parties are extended, only insofar as the enforcement of rights which may be instituted by way of counterclaim and cross-claim, so as to allow parties,…
O.C.G.A. § 9-3-97.1 Tolling of limitations for medical malpractice
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(a) The periods of limitation for bringing an action for medical malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be tolled if: (1) The injured person or his duly appointed attorney makes a request by certified or registered mail or statutory overnight delivery, re…
O.C.G.A. § 9-3-98 Applicability of article
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This article shall apply to tort actions as well as actions on contracts. 374 History. Orig. Code 1863, § 2993; Code 1868, § 3006; Code 1873, § 3061; Code 1882, § 3061; Civil Code 1895, § 3901; Civil Code 1910, § 4498; Code 1933, § 3-1005. 9-3-99
O.C.G.A. § 9-3-99 Applicability of article
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Tolling of limitations for tort actions while criminal prosecution is pending. Article 6 Revival 9-3-110. 9-3-111. 9-3-112. 9-3-113. 9-3-114. 9-3-115. New promise to be in writing.