Title 9

This article shall not apply to actions for medical malpractice as defined in Code Section 9-3-70. History. Code 1933, § 3-718, enacted by Ga. L. 1976, p. 1363, § 2.

An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the “Uniform Voidable Transactions Act,” shall be brought within the applicable period set out in Code Section 18-2-79. History. Code 1981, § 9-3-35, enacted by Ga. L. 2002…

(a) In no event may claims against a decedent’s estate that arose before the death of the decedent be brought more than six years after the date of the decedent’s death. (b) Subsection (a) of this Code section is intended to create a six-year statute of ultimate repose and abroga…

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…

(a) No action to recover damages: (1) For any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction, or construction of an improvement to real property; (2) For injury to property, real or personal, arising out of any such de…

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…

As used in this article, the term “action for medical malpractice” means any claim for damages resulting from the death of or injury to any person arising out of: (1) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person au…

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 be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the…

(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…

(a) Individuals who are legally incompetent because of intellectual disability or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons. (b) Except …

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…

The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against his estate in calculating any limitation applicable to the bringing of an ac…

The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against creditors of his estate, provided that such time does not exceed five years. …

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…

Where there is a joint right of action and one or more of the persons having the right is under any of the disabilities specified in Code Section 9-3-90, the terms of limitation shall not be computed against the joint action until all the disabilities are removed. However, if the …

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. 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.

The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from…

A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party’s own handwriting or subscribed by him or someone authorized b…

No promise made after discharge in bankruptcy to pay a debt provable in bankruptcy from the liability of which the debtor has been discharged shall be valid or binding upon the debtor or promisor unless the same is made in writing and signed by the party making the same or to be …

A payment entered upon a written evidence of debt by the debtor or upon any other written acknowledgment of the existing liability shall be equivalent to a new promise to pay. History. Orig. Code 1863, § 2876; Code 1868, § 2884; Code 1873, § 2935; Code 1882, § 2935; Civil Code 18…

A new promise shall revive or extend the original liability; it shall not create a new one. History. Orig. Code 1863, § 2877; Code 1868, § 2885; Code 1873, § 2936; Code 1882, § 2936; Civil Code 1895, § 3790; Civil Code 1910, § 4386; Code 1933, § 3-904.

In cases of joint or joint and several contracts, a new promise by one of the contractors shall operate only against the promisor. History. Ga. L. 1855-56, p. 233, § 27; Code 1863, § 2879; Code 1868, § 2887; Code 1873, § 2938; Code 1882, § 2938; Civil Code 1895, § 3792; Civil Cod…

Written promise following discharge in bankruptcy. Payment or written acknowledgment equivalent to new promise. Effect of new promise. Whom new promise by joint contractor binds. Effect of new promise by partner. Time limitation on bringing of actions by common carriers for recov…

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-…

General limitation. Foreign objects left in body. Certain disabilities and exceptions applicable. Barred actions not revived. Article 5 Tolling of Limitations 142 Individuals under disability Sec. 9-3-91. 9-3-92. 9-3-93. 9-3-94. 9-3-95. 9-3-96. 9-3-97.

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…

(a) No declaration shall prejudice the rights of persons not parties to the proceeding. (b) In any proceeding involving the validity of a municipal ordinance or franchise, the municipality shall be made a party and shall be entitled to be heard as a party. (c) If an Act of the Ge…

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…

Equity will take no part in the administration of the criminal law. It will neither aid criminal courts in the exercise of their jurisdiction, nor will it restrain or obstruct them. History. Civil Code 1895, § 4914; Civil Code 1910, § 5491; Code 1933, § 55-102. History of Section…

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…