Title 9 — Civil Practice

As used in this article, the term: (1) “Person” means an individual, corporation, partnership, business trust, unincorporated organization, association, or joint-stock company. (2) “Substantial completion” means the date when construction was sufficiently completed, in accordance…

The limitation prescribed by this article shall not be asserted as a defense by any person who would otherwise be entitled to its benefits but who is in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency of such an improv…

Limitations on recovery for deficiency in planning, supervising, or constructing improvement to realty or for resulting injuries to property or person. Limitation not available to owner or tenant. Period of limitations not extended. Article 4 Limitations for Malpractice Actions 9-…

The statute of limitations applies to the subject matter of setoff as well as to the plaintiff’s demand. History. Orig. Code 1863, § 3399; Code 1868, § 3418; Code 1873, § 3470; Code 1882, § 3470; Civil Code 1895, § 5089; Civil Code 1910, § 5673; Code 1933, § 3-708.

The statute of limitations for a mutual account begins to run on the date of the last item thereof. A mutual account must include an indebtedness on both sides. Mere entries of credits of partial payments shall not be sufficient. History. Civil Code 1895, § 3769; Civil Code 1910,…

Radiology Servs., 206 Ga. App. 851, 426 S.E.2d 663, 1992 Ga. App. LEXIS 1809 (1992), cert. denied, No. S93C0582, 1993 Ga. LEXIS 298 (Ga. Mar. 18, 1993). Patient’s cause of action for medical malpractice related to a doctor’s failure to diagnose dislocated bones in the patient’s f…

The limitations of Code Section 9-3-71 shall not apply where a foreign object has been left in a patient’s body, but in such a case an action shall 320 9-3-72 be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code s…

(a) Except as provided in this Code section, the disabilities and exceptions prescribed in Article 5 of this chapter in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice. (b) Notwithstanding Article…

No action for medical malpractice which, prior to July 1, 1976, has been barred by the provisions of this chapter relating to actions shall be revived by this article. History. Code 1933, § 3-1105, enacted by Ga. L. 1976, p. 1363, § 1.

If any person suffers a disability specified in Code Section 9-3-90 after his right of action has accrued and the disability is not voluntarily caused or undertaken by the person claiming the benefit thereof, the limitation applicable to his cause of action shall cease to operate d…

Unless otherwise provided by law, if a defendant removes from this state, the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor. History. Laws 1805, Cobb’s 1851 Digest, p. 564.; Laws 1806, Cobb’s 1851 Digest, p. 565.; Law…

If the defendant or those under whom he claims are guilty of a fraud by which the plaintiff has been debarred or deterred from bringing an action, the period of limitation shall run only from the time of the plaintiff’s discovery of the fraud. History. Ga. L. 1855-56, p. 233, § 3…

The limitations of time within which various actions may be commenced and pursued within this state to enforce the rights of the parties are extended, only insofar as the enforcement of rights which may be instituted by way of counterclaim and cross-claim, so as to allow parties,…

(a) The periods of limitation for bringing an action for medical malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be tolled if: (1) The injured person or his duly appointed attorney makes a request by certified or registered mail or statutory overnight delivery, re…

This article shall apply to tort actions as well as actions on contracts. 374 History. Orig. Code 1863, § 2993; Code 1868, § 3006; Code 1873, § 3061; Code 1882, § 3061; Civil Code 1895, § 3901; Civil Code 1910, § 4498; Code 1933, § 3-1005. 9-3-99

Tolling of limitations for tort actions while criminal prosecution is pending. Article 6 Revival 9-3-110. 9-3-111. 9-3-112. 9-3-113. 9-3-114. 9-3-115. New promise to be in writing.

The purpose of this chapter is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and this chapter is to be liberally construed and administered. History. Ga. L. 1945, p. 137, § 13.

Nothing in this chapter is intended to impair the equity jurisdiction of the superior courts of the state or of the Georgia State-wide Business Court. History. Ga. L. 1945, p. 137, § 10; Ga. L. 2019, p. 845, § 3-3/HB 239.

A declaratory judgment proceeding brought in the probate court as provided in paragraph (1) of subsection (a) of Code Section 15-9-127 may be combined with or made a part of any proceeding properly before the probate court to the greatest extent that does not infringe the exclusi…

(a) In cases of actual controversy, the respective superior courts of this state and the Georgia State-wide Business Court shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for such decla…

(a) Further plenary relief, legal or equitable, including but not limited to damages, injunction, mandamus, or quo warranto, may be sought in a petition seeking declaratory judgment, and in such case, the action shall be governed as to process, service, and procedure by Code Sect…

(a) Without limiting the generality of Code Sections 9-4-2, 9-4-3, 9-4-5 through 9-4-7, and 9-4-9, any person interested as or through an executor, administrator, personal representative, trustee, guardian, conservator, or other fiduciary, creditor, devisee, distributee, legatee, …

A proceeding instituted under this chapter shall be filed and served as are other cases in the superior courts of this state or in the Georgia State-wide Business Court; provided, however, that a proceeding instituted in the probate court pursuant to paragraph (1) of subsection (a…

When a declaration of right or the granting of further relief based thereon involves the determination of issues of fact triable by a jury and jury trial is not waived, the issues shall be submitted to a jury of 12 in the form of interrogatories, with proper instructions by the c…

The court may refuse to render or enter a declaratory judgment or decree where the judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. History. Ga. L. 1945, p. 137, § 9.

In any proceeding under this chapter the court may make such award or division of costs as may seem equitable and just. History. Ga. L. 1945, p. 137, § 5.

Equity, by a writ of injunction, may restrain proceedings in another or the same court, a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided a…

A perpetual injunction shall be granted only after hearing and upon a final decree. History. Orig. Code 1863, § 3146; Code 1868, § 3158; Code 1873, § 3225; Code 1882, § 3225; Civil Code 1895, § 4923; Civil Code 1910, § 5500; Code 1933, § 55-111.

Equity may enjoin the defendant as to transactions involving fraud, trust, or contracts beyond the limits of this state. History. Civil Code 1895, § 4854; Civil Code 1910, § 5427; Code 1933, § 55-112. History of Section. The language of this Code section is derived in part from t…

Tronitec, Inc., 277 Ga. 210, 586 S.E.2d 661, 2003 Ga. LEXIS 790 (2003). Bank sued the bank’s customer to recover for an overdraft; before filing the customer’s counterclaim, the customer sued the bank in another county. As the customer raised the same claims in the customer’s comp…

Equity will not interfere to restrain a trespass, unless the injury is irreparable in damages, or the trespasser is insolvent, or other circumstances exist which, in the discretion of the court, render the interposition of the writ necessary and proper, among which shall be the a…

Equity will not interfere by injunction to restrain waste when the petitioner’s title is not clear. Such relief shall be granted only when the title is free from dispute. History. Civil Code 1895, § 4917; Civil Code 1910, § 5494; Code 1933, § 55-105. History of Section. The langu…

No interference by equity in administration of criminal laws. When court proceedings enjoined; injunctions against sheriffs’ sales. Grounds for restraint of trespass. When waste enjoined. Injunction against debtors not generally available to creditors. Sec. 9-5-7. 9-5-8. 9-5-9. 9…

Generally an injunction will not issue to restrain the breach of a 473 9-5-7 contract for personal services unless the services are of a peculiar merit or character and cannot be performed by others. History. Civil Code 1895, § 4919; Civil Code 1910, § 5496; Code 1933, § 55-107. …

A second injunction may be granted in the discretion of the judge. History. Laws 1842, Cobb’s 1851 Digest, p. 528.; Code 1863, § 3144; Code 1868, § 3156; Code 1873, § 3223; Code 1882, § 3223; Civil Code 1895, § 4921; Civil Code 1910, § 5498; Civil Code 1933, § 55-109.

Boatright, 294 Ga. 253, 751 S.E.2d 851, 2013 Ga. LEXIS 996 (2013). Mandamus properly dismissed where no legal duty imposed on official to issue salary vouchers. — Where no duty was imposed by law upon the Secretary of State to issue vouchers for salary due to members of the State…

(a) Mandamus shall not lie as a private remedy between individuals to enforce private rights nor to a public officer who has an absolute discretion to act or not to act unless there is a gross abuse of such discretion. However, mandamus shall not be confined to the enforcement of …

If any sheriff, clerk, or other officer fails to discharge any duty required of him by any provision of Title 5, upon petition the appellate court or the superior, state, or city court, as the case may be, may compel the performance of such duty by mandamus. No party shall lose a…

A private person may by mandamus enforce the performance by a corporation of a public duty as to matters in which he has a special interest. History. Civil Code 1895, § 4869; Civil Code 1910, § 5442; Code 1933, § 64-103. History of Section. The language of this Code section is de…

Where the question is one of public right and the object is to procure the enforcement of a public duty, no legal or special interest need be shown, but it shall be sufficient that a plaintiff is interested in having the laws executed and the duty in question enforced. History. C…

In order for a plaintiff to enforce a private right by mandamus he must show pecuniary loss for which he cannot be compensated in damages. History. Code 1933, § 64-105. History of Section. The language of this Code section is derived in part from the decisions in At- lantic Ice &…

Mandamus will not be granted when it is manifest that the writ would, for any cause, be nugatory or fruitless, nor will it be granted on a mere suspicion or fear, before a refusal to act or the doing of a wrongful act. History. Orig. Code 1863, § 3132; Code 1868, § 3144; Code 187…

(a) Upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal. (b) Mandamus cases shall be heard on appeal under the same laws …

The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, ne…

The writ of prohibition may be granted at any time, on proper showing made. The return must be in term. Any issue of fact made thereon must be tried as in equity cases. History. Code 1863, §§ 3133, 3136; Code 1868, §§ 3145, 3148; Code 1873, §§ 3201, 3209a; Code 1882, §§ 3201, 320…

The writ of prohibition will not lie to the duly inaugurated Governor, but it lies to all other executive or military officers when acting as a judicial or quasi-judicial tribunal. History. Orig. Code 1863, § 3134; Code 1868, § 3146; Code 1873, § 3202; Code 1882, § 3202; Civil Co…

Phillips, 262 Ga. 778, 425 S.E.2d 652, 1993 Ga. LEXIS 293 (1993). Issuance of quo warranto improper. — Trial court erred in granting a citizen a writ of quo warranto revoking county board of equalization (BOE) members’ appointments because although BOE members were public officer…

The writ of quo warranto may be granted at any time, on proper 540 9-6-63 showing made. Any issue of fact made thereon must be tried as in equity cases. History. Orig. Code 1863, § 3133; Code 1868, § 3145; Code 1873, § 3201; Code 1882, § 3201; Civil Code 1895, § 4876; Civil Code …

(a) As used in this Code section, the term “personal service” means service by placing a copy of the writ and process in the quo warranto proceeding in the hands of the defendant. (b) The writ and process in a quo warranto proceeding shall be served on the defendant personally. (…

In cases where the facts alleged are denied by the defendant or defendants on oath, the judge shall forthwith, in the usual manner, draw a jury of 12 to try the issue of fact, and the judge shall have the power to fix a day for trial of the issue of fact with an order that the she…