Title 9 — Civil Practice

0 chapters · 503 sections in this title.

503 sectionsFiltered byTitle 9

O.C.G.A. § 9-10-163 Continuance of appeals case
0.3K chars
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…
O.C.G.A. § 9-10-164 Continuances for one term only
0.3K chars
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, …
O.C.G.A. § 9-10-165 Case not reached continued
0.2K chars
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
O.C.G.A. § 9-10-166 Diligence to be shown by applicant for continuance
0.3K chars
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…
O.C.G.A. § 9-10-167 Law reviews
0.2K chars
— 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).
O.C.G.A. § 9-10-168 When postponement substituted for continuance
0.6K chars
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 …
O.C.G.A. § 9-10-169 Announcement and docketing of continuance
0.4K chars
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;…
O.C.G.A. § 9-10-180 Time limit for arguments
0.2K chars
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.
O.C.G.A. § 9-10-182 Number of counsel who may argue case
0.2K chars
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.
O.C.G.A. § 9-10-183 Use of blackboard, models, or similar devices in argument
0.4K chars
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…
O.C.G.A. § 9-10-184 Value of pain and suffering may be argued
0.3K chars
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…
O.C.G.A. § 9-10-185 Law reviews
0.5K chars
— 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, …
O.C.G.A. § 9-10-186 Moore v
26.0K chars
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…
O.C.G.A. § 9-10-2 Actions against state void absent notice or waiver
1.0K chars
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…
O.C.G.A. § 9-10-200 Action for recovery of realty and mesne proﬁts
1.0K chars
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…
O.C.G.A. § 9-10-201 Action for recovery of personalty
0.9K chars
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)…
O.C.G.A. § 9-10-202 Action to recover money on a judgment
1.1K chars
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…
O.C.G.A. § 9-10-203 Action for breach of warranty in deed
1.1K chars
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), (…
O.C.G.A. § 9-10-204 Action for words
0.8K chars
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…
O.C.G.A. § 9-10-3 Closed trials authorized in certain cases
0.6K chars
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 …
O.C.G.A. § 9-10-31.1 Forums outside this state; waiver of statute of limitations defense
3.4K chars
(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 …
O.C.G.A. § 9-10-32 Action against maker and endorser residing in different counties
0.6K chars
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…
O.C.G.A. § 9-10-33 Action against nonresident found in state
0.4K chars
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, …
O.C.G.A. § 9-10-34 Action against third-party defendant
1.7K chars
(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…
O.C.G.A. § 9-10-4 Trial of collateral issues
0.3K chars
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…
O.C.G.A. § 9-10-5 Number of peremptory challenges, § 15-12-165
0.4K chars
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 …
O.C.G.A. § 9-10-51 Change of venue in action by county against county
0.5K chars
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…
O.C.G.A. § 9-10-53 Conduct of proceedings following transfer
0.3K chars
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.
O.C.G.A. § 9-10-54 Payment of costs accrued at time of transfer
0.4K chars
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, §…
O.C.G.A. § 9-10-6 Juror’s private knowledge
0.4K chars
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…
O.C.G.A. § 9-10-7 Cox v
7.3K chars
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 …
O.C.G.A. § 9-10-73 Acknowledgment of service or waiver of process
0.3K chars
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…
O.C.G.A. § 9-10-91 Spelsberg v
33.8K chars
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-…
O.C.G.A. § 9-10-92 Effect of appearance
0.2K chars
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.
O.C.G.A. § 9-10-93 Venue
1.0K chars
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…
O.C.G.A. § 9-10-94 Form of summons, § 9-11-101
1.7K chars
Service of process on registered agents of corporations, § 14-2-501 et seq. For fur- ther provisions regarding service of process on foreign corporations, § 14-2-1507 et seq. Giving of notice to person of attachment issued against his property, § 18-3-14. Service of copy of summo…
O.C.G.A. § 9-11-1 Scope of chapter; construction
1.0K chars
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…
O.C.G.A. § 9-11-10 Form of pleadings
1.4K chars
(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…
O.C.G.A. § 9-11-100 Reserved
0.6K chars
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…
O.C.G.A. § 9-11-102 Reserved
1.0K chars
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…
O.C.G.A. § 9-11-103 Forgery generally, § 16-9-1 et seq
0.1K chars
Lien of payee on merchandise when stop payment issued on check used to purchase the merchandise, § 44-14-516.
O.C.G.A. § 9-11-104 Form of complaint on an account
0.6K chars
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…
O.C.G.A. § 9-11-105 Form of complaint for goods sold and delivered
0.7K chars
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…
O.C.G.A. § 9-11-106 Form of complaint for money lent
0.6K chars
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…
O.C.G.A. § 9-11-107 Form of complaint for money paid by mistake
0.7K chars
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…
O.C.G.A. § 9-11-108 Form of complaint for money had and received
0.6K chars
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…
O.C.G.A. § 9-11-109 Form of complaint for negligence
0.9K chars
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…
O.C.G.A. § 9-11-11.1 Hagemann v
24.7K chars
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…
O.C.G.A. § 9-11-111 Form of complaint for conversion
0.7K chars
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…
O.C.G.A. § 9-11-112 Form of complaint for specific performance of contract to convey land
1.0K chars
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…