Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-11-55 Pulliam v
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Nichols, 202 Ga. App. 95, 413 S.E.2d 215 (1991). Failure of the defendant’s insurance agent to deliver the summons and complaint to the insurer and the failure of the defendant to check on the suit were omissions which the trial court could find did not constitute excusable negle…
O.C.G.A. § 9-11-56 Morris-Bancroft Paper Co
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v. Coleman, 188 Ga. App. 809, 374 S.E.2d 544, cert. denied, 188 Ga. App. 912, 374 S.E.2d 544 (1988). Statement of affiant ‘‘upon information and belief’’ cannot be considered, as this evidence is not upon the personal knowledge of the affiant. Gann v. Mills, 124 Ga. App. 238, 183…
O.C.G.A. § 9-11-57 Reserved
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9-11-58. Entry of judgment; judge’s name to be typed, printed, or stamped after signature; filing of civil case disposition form. (a) Signing. Except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk. The signatur…
O.C.G.A. § 9-11-59 Reserved
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9-11-60. Relief from judgments. (a) Collateral attack. A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in thi…
O.C.G.A. § 9-11-6 Southern Trust Ins
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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…
O.C.G.A. § 9-11-60 Kirby v
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Kirby, 165 Ga. App. 163, 300 S.E.2d 192 (1983). 996 Action to set aside, on the ground of duress, that portion of a divorce decree that obligated the former wife to pay child support was required to have been brought within three years of the decree’s entry. Mehdikarimi v. Emadda…
O.C.G.A. § 9-11-61 Harmless error
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No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherw…
O.C.G.A. § 9-11-62 Stay of proceedings to enforce a judgment
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(a) Stay upon entry of judgment. No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of ten days after its entry, except that, in the case of a default judgment, execution may issue and enforcement proceedings may be ta…
O.C.G.A. § 9-11-63 Reserved
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9-11-64. Reserved. 9-11-65. Injunctions and restraining orders.
O.C.G.A. § 9-11-65 Injunctions and restraining orders
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(a) Interlocutory injunction. (1) Notice. No interlocutory injunction shall be issued without notice to the adverse party. (2) Consolidation of hearing with trial on merits. Before or after the commencement of the hearing of an application for an interlocutory injunction, the cou…
O.C.G.A. § 9-11-66 Receivers
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9-11-67. Deposit in court. 9-11-67.1. Settlement offers and agreements for personal injury, bodily injury, and death from motor vehicle; payment methods. 9-11-68. Offers of settlement; damages for frivolous claims or defenses. 9-11-69. Execution; discovery in aid thereof. 9-11-70…
O.C.G.A. § 9-11-67 Deposit in court
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In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be …
O.C.G.A. § 9-11-67.1 Law reviews
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— For comment on Tucker v. Howard L. Carmichael & Sons, 208 Ga. 201, 65 S.E.2d 909 (1951), holding child may maintain action for prenatal injury caused by negligence of another, see 14 Ga. B. J. 249 (1951). For comment on Wright v. Wright, 85 Ga. App. 721, 70 S.E.2d 152 (1952), s…
O.C.G.A. § 9-11-69 Execution; discovery in aid thereof
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Process to enforce a judgment for the payment of money shall be a writ of execution unless the court directs otherwise. In aid of the judgment or execution, the judgment creditor, or his successor in interest when that interest appears of record, may do any or all of the followin…
O.C.G.A. § 9-11-7 Pleadings allowed; form of motions
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(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…
O.C.G.A. § 9-11-70 Judgment for specific acts; vesting title
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A decree for specific performance shall operate as a deed to convey land or other property without any conveyance being executed by the vendor. The decree, certified by the clerk, shall be recorded in the registry of deeds in the county where the land lies and shall stand in the …
O.C.G.A. § 9-11-78 Motion days
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Unless local conditions make it impracticable, each court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or pla…
O.C.G.A. § 9-11-79 Reserved
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9-11-80. Reserved. 9-11-81. Applicability.
O.C.G.A. § 9-11-8 Turner v
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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 …
O.C.G.A. § 9-11-80 Reserved
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9-11-81. Applicability. 9-11-82. Jurisdiction and venue unaffected.
O.C.G.A. § 9-11-81 Applicability
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This chapter shall apply to all special statutory proceedings except to the extent that specific rules of practice and procedure in conflict herewith are expressly prescribed by law; but, in any event, the provisions of this chapter governing the sufficiency of pleadings, defense…
O.C.G.A. § 9-11-82 Jurisdiction and venue unaffected
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This chapter shall not be construed to extend or limit the jurisdiction of the courts or the venue of actions therein. (Ga. L. 1966, p. 609, § 82.) 1051 9-11-82 CIVIL PRACTICE
O.C.G.A. § 9-11-83 Local court rules
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Each court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with this chapter or any other statute. (Ga. L. 1966, p. 609, § 83.)
O.C.G.A. § 9-11-84 Forms
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9-11-85. Short title. Article 10 Forms Article 7 9-11-100. 9-11-101. 9-11-102. 9-11-103. Judgment 9-11-54. 9-11-55. 9-11-56. 9-11-57. 9-11-58. 9-11-59. 9-11-60. 9-11-61. Stay of proceedings to enforce a judgment. Provisional and Final Remedies and Special Proceedings Article 6 9-…
O.C.G.A. § 9-11-85 Short title
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This chapter may be known and cited as the ‘‘Georgia Civil Practice Act.’’ (Ga. L. 1966, p. 609, § 85.)
O.C.G.A. § 9-11-9 Gorrell v
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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…
O.C.G.A. § 9-11-9.1 Brown v
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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…
O.C.G.A. § 9-12-1 What verdict to cover
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The verdict shall cover the issues made by the pleadings and shall be for the plaintiff or for the defendant. (Orig. Code 1863, § 3479; Code 1868, § 3501; Code 1873, § 3559; Code 1882, § 3559; Civil Code 1895, § 5329; Civil Code 1910, § 5924; Code 1933, § 110-101.)
O.C.G.A. § 9-12-10 Judgment for principal and interest
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In all cases where judgment is obtained, the judgment shall be entered for the principal sum due, with interest, provided the claim upon which it was obtained draws interest. No part of the judgment shall bear interest except the principal which is due on the original debt. (Laws…
O.C.G.A. § 9-12-11 Sureties and endorsers to be identified in judgment
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In all judgments against sureties or endorsers on any draft, promissory note, or other instrument in writing, the plaintiff or his attorney shall designate and identify the relation of the parties under the contract on which the judgment is rendered. (Laws 1845, Cobb’s 1851 Diges…
O.C.G.A. § 9-12-110 Short title
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This article shall be known and may be cited as the ‘‘Uniform Foreign-Country Money Judgments Recognition Act.’’ (Ga. L. 1975, p. 479, § 8; Ga. L. 2015, p. 996, § 2-1/SB 65.) The 2015 amendment, effective July 1, 2015, inserted ‘‘shall be known and’’ and substituted ‘‘Uniform For…
O.C.G.A. § 9-12-111 Definitions
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As used in this article, the term: (1) ‘‘Foreign country’’ means a government other than: (A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this sta…
O.C.G.A. § 9-12-112 Applicability; burden of proof
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(a) Except as otherwise provided in subsection (b) of this Code section, this article applies to any foreign-country judgment to the extent that such judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, …
O.C.G.A. § 9-12-113 Recognition and enforcement of foreign-country judgments
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(a) Except as otherwise provided in subsection (b) of this Code section, a court of this state shall recognize a foreign-country judgment meeting the requirements of Code Section 9-12-112. (b) A court of this state shall not recognize a foreign-country judgment if: (1) The judgme…
O.C.G.A. § 9-12-114 Recognition of personal jurisdiction
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(a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the foreign country; (2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized…
O.C.G.A. § 9-12-115 Procedure for recognition
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(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of such foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the…
O.C.G.A. § 9-12-116 Effect of recognition of foreign-country judgments
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If the court in a proceeding under Code Section 9-12-115 finds that the foreign-country judgment is entitled to recognition under this article then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) C…
O.C.G.A. § 9-12-117 Stay pending appeal
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If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay the proceedings with regard to the foreign-country judgment until the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and…
O.C.G.A. § 9-12-118 Uniform construction
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In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the ‘‘Uniform Foreign-Country Money Judgments Recognition Act.’’ (Code 1981, § 9-12-118, enacted by Ga. L.…
O.C.G.A. § 9-12-119 Situations not covered by article
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This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article. (Ga. L. 1975, p. 479, § 7; Code 1981, § 9-12-119, as redesignated by Ga. L. 2015, p. 996, § 2-1/SB 65.) The 2015 amendment, ef…
O.C.G.A. § 9-12-12 Judgment for costs against fiduciary
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When the verdict of a jury is against an executor, administrator, or other trustee in his representative character, a judgment for costs shall be entered against him in the same character. (Orig. Code 1863, § 3493; Code 1868, § 3516; 1873, § 3574; Code 1882, § 3574; Civil Code 18…
O.C.G.A. § 9-12-13 Amount of judgment on bond
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All judgments entered against the obligors on any bond, whether official or voluntary, shall be for the amount of damages found by the verdict of the jury and not for the penalty thereof. (Laws 1847, Cobb’s 1851 Digest, p. 502; Code 1863, § 3494; Code 1868, § 3517; Code 1873, § 3…
O.C.G.A. § 9-12-130 Short title
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9-12-131. ‘‘Foreign judgment’’ defined. 9-12-132. Filing of judgment; force and effect following filing. 9-12-133. Filing of foreign judgment; notice to judgment debtor; Code Section 9-11-4 inapplicable to article. 9-12-134. Appeal or stay of foreign judgment; security for satisf…
O.C.G.A. § 9-12-132 Filing of judgment; force and effect following filing
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A copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment o…
O.C.G.A. § 9-12-134 Appeal or stay of foreign judgment; security for satisfaction
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(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution 176 9-12-134 has been granted and proves that the judgment debtor has furnished the security for the satisfaction of the judgment required b…
O.C.G.A. § 9-12-135 Clerk’s fees
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A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law. (Code 1981, § 9-12-135, enacted by Ga. L. 1986, …
O.C.G.A. § 9-12-136 Actions to enforce judgments preserved
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The judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this article. (Code 1981, § 9-12-136, enacted by Ga. L. 1986, p. 380, § 1.)
O.C.G.A. § 9-12-137 Uniform construction
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This article shall be interpreted and construed to achieve its general purposes to make the law of those states which enact it uniform. (Code 1981, § 9-12-137, enacted by Ga. L. 1986, p. 380, § 1.) 9-12-138. Judgments to which article applies.
O.C.G.A. § 9-12-138 Judgments to which article applies
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This article shall apply to foreign judgments of other states only if those states have adopted the ‘‘Uniform Enforcement of Foreign Judgments Act’’ in substantially the same form as this article. (Code 1981, § 9-12-138, enacted by Ga. L. 1986, p. 380, § 1.) 178 T.9, C.13 EXECUTI…
O.C.G.A. § 9-12-14 Amendment of judgment to conform to verdict
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A judgment may be amended by order of the court to conform to the verdict upon which it is predicated, even after an execution issues. (Orig. Code 1863, § 3424; Code 1868, § 3444; Code 1873, § 3494; Code 1882, § 3494; Civil Code 1895, § 5113; Ga. L. 1902, p. 55, § 1; Civil Code 1…