Title 9

(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 written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Code Section 9-11-45. T…

510, entirely superseded the former version of this section, the purpose being to conform the discovery provisions of the Civil Practice Act (see now O.C.G.A. Ch. 11, T. 9) to the 1970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…

(a) Scope. Any party may serve on any other party a request: (1) To produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other …

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…

(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 …

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 bifurcated. — Plaintiff who brought a breach of contract action and was unable to adequately prove lost profits was entitled to voluntarily dismiss the plaintiff ’s case …

(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…

(a)(1)(A) The clerk of the superior court of the county in which the action is pending or the clerk of any court of record in the county where the deposition is to be taken shall issue subpoenas for the persons sought to be deposed, upon request. (B) Upon agreement of the parties…

(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…

(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 submit written forms of sev…

(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 …

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’…

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…

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…

(a) Signing. Except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk. The signature of the judge shall be followed by the spelling of the judge’s name and title legibly typed, printed, or stamped. The failure of …

Kirby, 165 Ga. App. 163, 300 S.E.2d 192 (1983). 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. Emaddazful…

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…

(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…

(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…

An action wherein a receiver has been appointed shall not be dismissed except by order of the court. (Ga. L. 1966, p. 609, § 66.)

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 …

(a) Prior to the filing of a civil action, any offer to settle a tort claim for personal injury, bodily injury, or death arising from the use of a motor vehicle and prepared by or with the assistance of an attorney on behalf of a claimant or claimants shall be in writing and cont…

(a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as a…

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…

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 …

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…

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…

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.)

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.)

The forms contained in Code Sections 9-11-101 through 9-11-132 are sufficient under this chapter and are intended to indicate the simplicity and brevity of statement which this chapter contemplates. (Ga. L. 1966, p. 609, § 84; Ga. L. 1967, p. 226, § 49.)

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 and serve upon , plaintiff’s …

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., 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., 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., 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., 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., 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., 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. ) ) Civil action File no. C.D. and E.F., Defendants ) ) (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 …