Title 9

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.

If counsel on either side, before argument begins, applies to the court for extension of the time prescribed for argument and states in his place or on oath, in the discretion of the court, that he or they cannot do the case justice within the time prescribed and that it will req…

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.

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…

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…

Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall also rebuke counsel and by all needful and proper instructions to the jury …

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 COMPLAINT The defendant herein named is a resid…

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)…

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…

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…

Wyatt v. State, 113 Ga. App. 857, 149 S.E.2d 837 (1966). Order valid if error merely clerical. — If the error is merely clerical in nature and does not follow the oral sentence pronounced by the court at the time, then the order as entered nunc pro tunc is a valid and proper sent…

— If counsel, because counsel does not know the reason for the client’s absence, is unable to make the requisite formal and proper motion for continuance, the trial judge may assume that the defendant has voluntarily been absent from the trial, thereby waiving the defendant’s con…

— Granting or refusing a continuance is a matter within the discretion of the trial court, and unless abused, such discretion will not be controlled. Scott v. State, 151 Ga. App. 840, 262 S.E.2d 198 (1979). Motion for continuance is addressed to the sound discretion of the trial …

— If defendant is at large under bond, a greater degree of diligence on the defendant’s part is required than if the defendant has been incarcerated and unable personally to prepare the defendant’s case for trial. Watts v. State, 14 Ga. App. 600, 81 S.E. 902 (1914); Amerson v. St…

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…

— Statement in this statute that the burden of proof is on the plaintiff, except in the two instances mentioned, plainly indicates that they are not the only cases in which suit may be brought for a breach of warranty. When the warrantor has not been vouched or notified, so as to…

— Trial judge is not disqualified from passing upon the motion for a new trial when, after the verdict of guilty is returned into court, the judge states: ‘‘I think it is a proper verdict and one fully justified; I think the verdict is just.’’ Johnson v. State, 46 Ga. App. 494, 167…

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) 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…

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 the trial court to effectuate service on the out-of-state tortfeasor in the injured parties’ personal injury action; although the better practice …

(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…

(a) Service — When required. Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one whi…

Co. v. First Fed. Sav. & Loan Ass’n, 168 Ga. App. 899, 310 S.E.2d 712 (1983). Extension of Time Subsections (b) and (d) provide flexibility in filing times. — O.C.G.A. § 9-11-56(c), relating to affidavits in support of summary judgments, requires that only supporting material whi…

(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…

(a) Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading and state his address. The signature of an atto…

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 deHow Defenses, etc., Presented (Cont’d) 3. Personal Jurisdiction (Cont’d) fense of lack of personal jurisdiction due to the plaintiff ’s lach…

(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…

(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) Pleadings. There shall be a complaint and an answer; a third-party complaint, if a person who is not an original party is summoned under Code Section 9-11-14; and a third-party answer, if a third-party complaint is served. There may be a reply to a counterclaim denominated as…

(a) Redacted filings. Except as provided in subsections (b) and (c) of this Code section or unless the court orders otherwise, a filing with the court that contains a social security number, taxpayer identification number, financial account number, or birth date shall include onl…

State, 213 Ga. App. 309, 444 S.E.2d 372 (1994). Plea of insufficient information to admit or deny is a denial. — Defendants’ plea that the defendants were without sufficient information to either admit or deny certain allegations of the complaint had the effect of a denial under …

Fowler, 248 Ga. 801, 9-11-9 286 S.E.2d 13, appeal dismissed, 457 U.S. 1113, 102 S. Ct. 2918, 73 L. Ed. 2d 1324 (1982). Defendant was not estopped from asserting the improper party defense on grounds that the defendant did not comply with O.C.G.A. §§ 9-11-9 and 9-11-19, since thos…

Middle Ga. Hosp., Inc., 211 Ga. App. 884, 440 S.E.2d 687 (1994). Facsimile copy of expert affidavit satisfies the pleading standards of O.C.G.A. § 9-11-9.1 and the original may then be filed as a supplemental pleading without requiring the action to be renewed. Sisk v. Patel, 217…

(a) In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (g) of Code Section 9-11-9.1, against a professional corporation or other legal entity that provides health care services through a professi…

(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…

(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…

McCarley, 246 Ga. App. 171, 539 S.E.2d 871 (2000). Failure timely to seek substitution held not excusable neglect. — When there was no evidence from which the trial court could find excusable neglect as a matter of fact and, as a matter of law, plaintiff ’s explanation that couns…

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…