Title 9 — Civil Practice

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…

(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…