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Georgia Statutes, Title 9

Georgia/Statutes

← All Georgia coverage

Title 9

16 chapters · 665 sections in this title.

All chapters in Title 9665 Ch 11, CIVIL PRACTICE ACT101 Ch 13, EXECUTIONS AND JUDICIAL SALES99 Ch 9, ARBITRATION83 Ch 10, CIVIL PRACTICE AND PROCEDURE GENERALLY76 Ch 12, VERDICT AND JUDGMENT70 Ch 3, LIMITATIONS OF ACTIONS51 Ch 14, HABEAS CORPUS38 Ch 2, ACTIONS GENERALLY31 Ch 7, AUDITORS23 Ch 16, UNIFORM CIVIL FORFEITURE PROCEDURE ACT22 Ch 6, EXTRAORDINARY WRITS20 Ch 8, RECEIVERS14 Ch 15, COURT AND LITIGATION COSTS14 Ch 4, DECLARATORY JUDGMENTS11

665 sections·Filtered byTitle 9✕

O.C.G.A. § 9-11-111 Form of complaint for conversion
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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
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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. § 9-11-113 Form of complaint on claim for debt and to set aside fraudulent conveyance under Code Section 9-11-18
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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 …
O.C.G.A. § 9-11-114 Form of complaint for negligence under Federal Employers’ Liability Act

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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. § 9-11-118 Form of complaint for interpleader and declaratory relief

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IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff v. ) ) ) ) ) Civil action File no. C.D., E.F., and X.Y., Defendants CIVIL PRACTICE ACT ) ) (Clerk will insert number.) COMPLAINT The defendant C.D., herein named, is a resident of (street), (city), County, Georgia, and is su…

O.C.G.A. § 9-11-119 Form of motion to dismiss, presenting defense of failure to state a claim

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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…

O.C.G.A. § 9-11-120 Form of answer presenting defenses under subsection (b) of Code Section 9-11-12

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IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. C.D., ) Civil action ) File no. ) Defendant ) ANSWER First Defense The complaint fails to state a claim against defendant upon which relief can be granted. Second Defense If defendant is indebted to plaintiff for th…

O.C.G.A. § 9-11-121 Form of answer to complaint set forth in Code Section 9-11-108, with counterclaim for interpleader

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IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. C.D., ) ) Civil action File no. ) Defendant ) ANSWER Defense Defendant denies the allegations stated to the extent set forth in the counterclaim herein. COUNTERCLAIM FOR INTERPLEADER 1. Defendant received the sum of…

O.C.G.A. § 9-11-122 Form of summons and complaint against third-party defendant

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IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. C.D., ) ) Civil action File no. ) Defendant and Third- ) Party Plaintiff ) v. ) ) E.F., ) Third-Party Defendant ) SUMMONS To the above-named third-party defendant: You are hereby summoned and required to file with t…

O.C.G.A. § 9-11-123 Form of motion to intervene as a defendant under Code Section 9-11-24

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IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) v. ) C.D., ) Defendant ) E.F., ) Applicant for Intervention ) Civil action File no. MOTION TO INTERVENE AS A DEFENDANT E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set …

O.C.G.A. § 9-11-124 Form of motion for production of documents under Code Section 9-11-34

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IN THE COURT OF STATE OF GEORGIA A.B., ) Plaintiff ) ) 1078 COUNTY v. C.D., ) ) Civil action File no. ) Defendant ) MOTION FOR PRODUCTION OF DOCUMENTS Plaintiff A.B. moves the court for an order requiring defendant C.D.: 1. To produce and to permit plaintiff to inspect and to cop…

O.C.G.A. § 9-11-125 Form of request for admission under Code Section 9-11-36

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IN THE COURT OF COUNTY STATE OF GEORGIA A.B., Plaintiff ) ) ) v. C.D., Defendant ) ) Civil action File no. ) ) REQUEST FOR ADMISSION OF FACTS AND GENUINENESS OF DOCUMENTS Plaintiff A.B. requests defendant C.D. within days after service of this request to make the following admiss…

O.C.G.A. § 9-11-131 Form of judgment on jury verdict

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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…

O.C.G.A. § 9-11-132 Form of judgment on decision by the court

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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…

O.C.G.A. § 9-11-133 Forms meeting requirements for civil case filing and disposition

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(a) The forms set out in subsections (b), (c), (d), and (e) of this Code section or forms substantially similar to such forms shall be sufficient to meet the requirements for civil case filing and disposition forms; provided, however, that the general civil case filing informatio…

O.C.G.A. § 9-11-11.1 Hagemann v

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City of Marietta, 287 Ga. App. 1, 650 S.E.2d 363 (2007), cert. denied, 2008 Ga. LEXIS 128 (Ga. 2008). 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 unnecessari…

O.C.G.A. § 9-11-19 State Farm Mut

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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). Subrogation rights of uninsured motorist insurer. — Although uninsured motorist coverage in a policy provided the insurer was subrogated to the rights of recovery of its ins…

O.C.G.A. § 9-11-2 For corresponding provision relating to criminal procedure, § 17-1-2

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History. Orig. Code 1863, §§ 3175, 3177, 3178; Code 1868, §§ 3186, 3188, 3189; Code 1873, §§ 3251, 3253, 3254; Code 1882, §§ 3251, 3253, 3254; Civil Code 1895, §§ 4930, 4932, 4933; Civil Code 1910, §§ 5507, 5509, 5510; Code 1933, §§ 3101, 3-102, 3-103.

O.C.G.A. § 9-11-38 JUDICIAL DECISIONS Traverse of defendant’s answer in garnishment action is not a collateral issue

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Strickland v. Maddox, 4 Ga. 393, 1848 Ga. LEXIS 45 (1848). Issue upon which the merits of the principal cause depends is not a collateral issue under this section. Mason & Dickinson v. Croom, 24 Ga. 211, 1858 Ga. LEXIS 186 (1858) (see O.C.G.A. § 9-10-4). Motion to dismiss on grou…

O.C.G.A. § 9-11-53 Right to jury trial

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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…

O.C.G.A. § 9-11-54 Camp v

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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…

O.C.G.A. § 9-11-85 Procedure in magistrate courts, § 15-10-40 et seq

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Practice and procedure in garnishment proceedings, T. 18, C. 4. Authority to enact local rules, Uniform Superior Court Rules, Rule 1.2. Motions for summary judgment, Uniform Superior Court Rules, Rule 6.5.

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. § 9-12-12 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. § 9-12-14 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…

O.C.G.A. § 9-12-15 Judgment aided by verdict or amendable not set aside

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A judgment may not be set aside for any defect in the pleadings or the record that is aided by verdict or amendable as a matter of form. (Orig. Code 1863, § 3509; Code 1868, § 3532; Code 1873, § 3590; Code 1882, § 3590; Civil Code 1895, § 5365; Civil Code 1910, § 5960; Code 1933,…

O.C.G.A. § 9-12-17 When creditors or purchasers may attack judgment

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Creditors or bona fide purchasers may attack a judgment for any defect appearing on the face of the record or the pleadings or for fraud or collusion, whenever and wherever it interferes with their rights, either at law or in equity. (Orig. Code 1863, § 3515; Code 1868, § 3538; C…

O.C.G.A. § 9-12-18 Right to confess judgment and appeal; where and when entered

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(a) Either party has a right to confess judgment without the consent of his adversary and to appeal from such confession without reserving the right to do so in cases where an appeal is allowed by law. (b) No confession of judgment shall be entered except in the county where the …

O.C.G.A. § 9-12-19 Judgment suspended by appeal

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Where a judgment is entered and, within the time allowed for entering an appeal, an appeal is entered, the judgment shall be suspended. (Orig. Code 1863, § 3488; Code 1868, § 3511; Code 1873, § 3569; Code 1882, § 3569; Civil Code 1895, § 5340; Civil Code 1910, § 5935; Code 1933, …

O.C.G.A. § 9-12-2 Instructions on form of verdict

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In the trial of all civil cases, the judge upon request of the jury shall furnish the jury with written instructions as to the form of their verdict. (Orig. Code 1863, § 3480; Code 1868, § 3502; Code 1873, § 3560; Ga. L. 1880-81, p. 115, § 1; Code 1882, § 3560; Civil Code 1895, §…

O.C.G.A. § 9-12-20 Judgment when security given on appeal

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In all cases of appeal where security has been given, the plaintiff or his attorney may enter judgment against the principal and his surety jointly and severally. (Laws 1826, Cobb’s 1851 Digest, p. 498; Code 1863, § 3490; Code 1868, § 3513; Code 1873, § 3571; Code 1882, § 3571; C…

O.C.G.A. § 9-12-21 Judgments transferable; status of transferee

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A person in whose favor a judgment has been entered or a person to whom a judgment has been transferred may bona fide and for a valuable consideration transfer any judgment to a third person. In all such cases the transferee of any judgment shall have the same rights and shall be…

O.C.G.A. § 9-12-22 Effect of transfer by attorney; ratification

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The transfer of a judgment by the attorney of record of the person in whose favor the judgment was entered shall be good to pass the title thereto as against every person except the person in whose favor judgment was entered or his assignee without notice. Ratification by the pla…

O.C.G.A. § 9-12-23 Effect of consent judgment

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The consent of the parties to a judgment has the effect of removing any issuable defenses previously filed. After such a consent the court may render judgment without the verdict of a jury. (Code 1981, § 9-12-23, enacted by Ga. L. 1982, p. 1262, § 1.)

O.C.G.A. § 9-12-4 Construction of verdicts

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Verdicts shall have a reasonable intendment and shall receive a reasonable construction. They shall not be avoided unless from necessity. (Orig. Code 1863, § 3481; Code 1868, § 3503; Code 1873, § 3561; Code 1882, § 3561; Civil Code 1895, § 5332; Civil Code 1910, § 5927; Code 1933…

O.C.G.A. § 9-12-5 Mathews v

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Cloud, 294 Ga. 415, 754 S.E.2d 70 (2014). Sale of railroad property under execution. — While all the property of a railroad company was subject to be applied to payment of its just debts, and may be sold for that purpose under a judgment at law, the judgment and the execution fou…

O.C.G.A. § 9-12-6 Amendment of verdict — To conform to pleadings

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A verdict may be so amended as to make it conform to the pleadings if the error plainly appears upon the face of the record. (Orig. Code 1863, § 3421; Code 1868, § 3441; Code 1873, § 3491; Code 1882, § 3491; Civil Code 1895, § 5110; Civil Code 1910, § 5694; Code 1933, § 110-110.)

O.C.G.A. § 9-12-8 Amendment of verdict — When part illegal

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If a part of a verdict is legal and a part illegal, the court will construe the verdict and order it amended by entering a remittitur as to that part which is illegal and giving judgment for the balance. (Orig. Code 1863, § 3423; Code 1868, § 3443; Code 1873, § 3493; Code 1882, §…

O.C.G.A. § 9-12-9 Judgment to conform to verdict

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Judgment and execution shall conform to the verdict. (Orig. Code 1863, § 3482; Code 1868, § 3504; Code 1873, § 3562; Code 1882, § 3562; Civil Code 1895, § 5333; Civil Code 1910, § 5928; Code 1933, § 110-301.)

O.C.G.A. § 9-12-41 Effect of judgment in rem

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A judgment in rem is conclusive upon everyone. (Orig. Code 1863, § 3750; Code 1868, § 3774; Code 1873, § 3827; Code 1882, § 3827; Civil Code 1895, § 5372; Civil Code 1910, § 5967; Code 1933, § 110-502.)

O.C.G.A. § 9-12-43 Parol evidence admissible

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Parol evidence shall be admissible to show that a matter apparently covered by a judgment was not really passed upon by the court. (Orig. Code 1863, § 2839; Code 1868, § 2847; Code 1873, § 2898; Code 1882, § 2898; Civil Code 1895, § 3743; Civil Code 1910, § 4337; Code 1933, § 3-6…

O.C.G.A. § 9-12-60 When judgment becomes dormant; how dormancy prevented; docketing; applicability

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(a) A judgment shall become dormant and shall not be enforced: (1) When seven years shall elapse after the rendition of the judgment before execution is issued thereon and is entered on the general execution docket of the county in which the judgment was rendered; (2) Unless entr…

O.C.G.A. § 9-12-61 Dormant judgments renewed by action or scire facias; time of renewal

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When any judgment obtained in any court becomes dormant, the same may be renewed or revived by an action or by scire facias, at the option of the holder of the judgment, within three years from the time it becomes dormant. (Laws 1823, Cobb’s 1851 Digest, p. 498; Code 1863, §§ 285…

O.C.G.A. § 9-12-62 Nature of scire facias

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Scire facias to revive a judgment is not an original action but is the continuation of the action in which the judgment was obtained. (Orig. Code 1863, § 3524; Code 1868, § 3547; Code 1873, § 3606; Code 1882, § 3606; Civil Code 1895, § 5380; Civil Code 1910, § 5975; Code 1933, § …

O.C.G.A. § 9-12-63 Issuance of scire facias; copies; service; return

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A scire facias to revive a dormant judgment in the courts must issue from and be returnable to the court of the county in which the judgment was obtained. It shall be directed to all and singular the sheriffs of this state and shall be signed by the clerk of such court who shall …

O.C.G.A. § 9-12-64 Revival on motion after service of scire facias; when defendant entitled to jury trial

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In all cases of scire facias to revive a judgment, when service has been perfected, the judgment may be revived on motion at the first term without the intervention of a jury unless the person against whom judgment was entered files an issuable defense under oath, in which case t…

O.C.G.A. § 9-12-65 Scire facias when judgment transferred

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When a judgment has been transferred, the scire facias shall issue in the name of the original holder of the judgment for the use of the transferee. (Orig. Code 1863, § 3528; Code 1868, § 3551; Code 1873, § 3610; Code 1882, § 3610; Civil Code 1895, § 5384; Civil Code 1910, § 5979…