Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-1-1 Uniform Unsworn Declarations Act
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(a) This Code section shall be known and may be cited as the “Uniform Unsworn Declarations Act.” (b) As used in this Code section, the term: (1) “Law” includes a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order. (2…
O.C.G.A. § 9-2-1 Definitions
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As used in this title, the term: (1) “Action” means the judicial means of enforcing a right. (2) “Civil action” means an action founded on private rights, arising either from contract or tort. (3) “Penal action” means an action allowed in pursuance of public justice under particu…
O.C.G.A. § 9-2-2 Actions in personam; actions in rem
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(a) An action may be against the person, or against property, or both. (b) Generally, a proceeding against the person shall bind the property also. A proceeding against property without service on the person shall bind only the particular property. History. Orig. Code 1863, § 317…
O.C.G.A. § 9-2-20 Del Lago Ventures, Inc
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v. QuikTrip Corp., 330 Ga. App. 138, 764 S.E.2d 595, 2014 Ga. App. LEXIS 820 (2014). Disputes concerning ownership of or right of access to land. — Because a club’s possession of certain real property did not eliminate the need for direction to resolve an on-going conflict over a …
O.C.G.A. § 9-2-22 Joinder of defendants in action for deficiencies in construction
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In any action arising out of alleged deficiencies in the construction of improvements on real property, the party plaintiff may join in one action, as parties defendants, all parties who allegedly contributed in the construction of the improvements as well as all bonding companies…
O.C.G.A. § 9-2-23 Separate action by tenant in common
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A tenant in common may bring an action separately for his own interest, and the judgment in such case shall affect only himself. History. Orig. Code 1863, § 3183; Code 1868, § 3194; Code 1873, § 3259; Code 1882, § 3259; Civil Code 1895, § 4941; Civil Code 1910, § 5518; Code 1933,…
O.C.G.A. § 9-2-24 Action by unincorporated association
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An action may be maintained by and in the name of any unincorporated organization or association. History. Ga. L. 1959, p. 44, § 1.
O.C.G.A. § 9-2-26 Prosecution of action against less than all joint contractors or copartners
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When two or more joint contractors, joint and several contractors, or copartners are defendants in the same action and service is perfected on one or more of the contractors or copartners and the officer serving the writ or process returns that the rest are not to be found, the p…
O.C.G.A. § 9-2-27 Action against representative of joint obligor
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Where any person is in possession, in his own right or in any other capacity, of any note, bill, bond, or other obligation in writing, signed by two or more persons, and one or more of the persons whose names are so signed dies before the payment of the money or the compliance wi…
O.C.G.A. § 9-2-28 Definitions
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Actions in personam; actions in rem. Remedy for every right. Pursuit of consistent or inconsistent remedies. Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception. Demand prior to action not…
O.C.G.A. § 9-2-29 Plaintiff in penal action
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If no special officer is authorized to be the plaintiff in a penal action, 69 9-2-30 the state, the Governor, the Attorney General, or a prosecuting attorney may be the plaintiff. History. Orig. Code 1863, § 3178; Code 1868, § 3189; Code 1873, § 3254; Code 1882, § 3254; Civil Cod…
O.C.G.A. § 9-2-3 Remedy for every right
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For every right there shall be a remedy; every court having jurisdiction of the one may, if necessary, frame the other. History. Orig. Code 1863, § 3174; Code 1868, § 3185; Code 1873, § 3250; Code 1882, § 3250; Civil Code 1895, § 4929; Civil Code 1910, § 5506; Code 1933, § 3-105.
O.C.G.A. § 9-2-30 Editor’s notes
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— This chapter was effective January 1, 1998, to the extent that no vested rights of title, year’s support, succession, or inheritance are impaired, as provided by the version of Code Section 53-1-1 enacted by Ga. L. 1996, p. 504, § 10, as amended by Ga. L. 1997, p. 1352, § 1. Ga…
O.C.G.A. § 9-2-4 Pursuit of consistent or inconsistent remedies
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A plaintiff may pursue any number of consistent or inconsistent remedies against the same person or different persons until he shall obtain a satisfaction from some of them. History. Civil Code 1895, § 4945; Civil Code 1910, § 5522; Code 1933, § 3-114; Ga. L. 1967, p. 226, § 45. …
O.C.G.A. § 9-2-40 No abatement on death of party where cause survives
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No action shall abate by the death of either party, where the cause of action shall in any case survive to or against the legal representatives of the deceased party, either in the same or any other form of action. History. Laws 1799, Cobb’s 1851 Digest, p. 472.; Code 1863, § 337…
O.C.G.A. § 9-2-42 Death of one or more codefendants; suggestion of record
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In all actions against two or more defendants, one or more of whom have died or may die pending the action, the plaintiff may suggest the death of record and proceed against the surviving defendants to the extent of their respective liabilities. History. Ga. L. 1859, p. 49, § 1; …
O.C.G.A. § 9-2-43 No abatement where some defendants not liable
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An action against several persons shall not abate where it appears that some of the defendants are not liable but may proceed against those who are liable. History. Orig. Code 1863, § 3375; Code 1868, § 3394; Code 1873, § 3442; Code 1882, § 3442; Civil Code 1895, § 5039; Civil Co…
O.C.G.A. § 9-2-44 Effect of former recovery; pendency of former action
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(a) A former recovery or the pendency of a former action for the same cause of action between the same parties in the same or any other court having jurisdiction shall be a good cause of abatement. However, if the first action is so defective that no recovery can possibly be had, …
O.C.G.A. § 9-2-45 Parties to actions on contracts; action by beneficiary
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Parties to actions for torts; notice to Department of Community Health for a party who has received medical assistance benefits. Joinder of defendants in action for deficiencies in construction. Separate action by tenant in common. Action by unincorporated association. Action again…
O.C.G.A. § 9-2-6 Demand prior to action not necessary
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No demand shall be necessary before the commencement of an action, except in such cases as the law or the contract prescribes. History. Orig. Code 1863, § 3179; Code 1868, § 3190; Code 1873, § 3255; Code 1882, § 3255; Civil Code 1895, § 4935; Civil Code 1910, § 5512; Code 1933, §…
O.C.G.A. § 9-2-60 Dismissal for want of prosecution; costs; recommencement within six months
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(a) For the purposes of this Code section, an order of continuance will be deemed an order and the word “proceedings” shall be held to include, but shall not be limited to, an appeal from an award of assessors or a special master in a condemnation proceeding. (b) Any action or ot…
O.C.G.A. § 9-2-61 Robinson v
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Boyd, 288 Ga. 53, 701 S.E.2d 165, 2010 Ga. LEXIS 772 (2010). Action on nonnegotiable instrument by different plaintiff. — When a new action on a nonnegotiable instrument is commenced by another and different plaintiff, pendency and dismissal of the former action will not avoid ba…
O.C.G.A. § 9-2-62 Retraxit and dismissal or discontinuance distinguished
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A retraxit differs from a dismissal or discontinuance in that a retraxit is the open, public, and voluntary renunciation by the plaintiff in open court of his action or cause of action. It is positive and conclusive of the plaintiff’s right of action. Where a retraxit is entered …
O.C.G.A. § 9-2-63 Affidavit of indigence for renewal of action
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When any action is dismissed or discontinued and the plaintiff desires to recommence his action, if he will make and file with his complaint, summons, or other proceedings an affidavit in writing stating that he is advised and believes that he has good cause for recommencing his a…
O.C.G.A. § 9-2-7 Implied promise to pay for services or property
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Ordinarily, when one renders service or transfers property which is valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof. However, this presumption does not usually arise in cases between very near relatives. History. Civil Code …
O.C.G.A. § 9-3-1 Limitations against the state
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Except as otherwise provided by law, the state shall be barred from bringing an action if, under the same circumstances, a private person would be barred. History. Ga. L. 1855-56, p. 233, § 38; Code 1873, § 2925a; Code 1882, § 2925a; Civil Code 1895, § 3777; Civil Code 1910, § 43…
O.C.G.A. § 9-3-110 New promise to be in writing
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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…
O.C.G.A. § 9-3-111 Written promise following discharge in bankruptcy
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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 …
O.C.G.A. § 9-3-113 Effect of new promise
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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.
O.C.G.A. § 9-3-114 Whom new promise by joint contractor binds
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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…
O.C.G.A. § 9-3-115 New promise to be in writing
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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…
O.C.G.A. § 9-3-2 Limitations against municipalities
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Any claim or demand held by any municipality not in the nature of a special contract or not reduced to execution shall be barred by the general statutes of limitation of force, and all executions issued by any municipality shall be subject to the same laws relating to the statute…
O.C.G.A. § 9-3-20 Actions on foreign judgments
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All actions upon judgments obtained outside this state, except judgments for child support or spousal support, or both, shall be brought within five years after such judgments have been obtained. History. Laws 1805, Cobb’s 1851 Digest, p. 564.; Ga. L. 1855-56, p. 233, § 7; Code 18…
O.C.G.A. § 9-3-23 Sealed instruments
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Actions upon bonds or other instruments under seal shall be brought within 20 years after the right of action has accrued. No instrument shall be considered under seal unless so recited in the body of the instrument. History. Laws 1806, Cobb’s 1851 Digest, p. 566.; Ga. L. 1855-56…
O.C.G.A. § 9-3-24 Bryant v
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Allstate Ins. Co., 254 Ga. 328, 326 S.E.2d 753, 1985 Ga. LEXIS 627 (1985); Sentry Ins. v. Echols, 174 Ga. App. 541, 330 S.E.2d 725, 1985 Ga. App. LEXIS 1875 (1985), superseded by statute as stated in Dallas Blue Haven Pools, Inc. v. Taslimi, 180 Ga. App. 734, 350 S.E.2d 265, 1986…
O.C.G.A. § 9-3-25 Bridge Capital Investors II v
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Small, 144 Fed. Appx. 762, 2005 U.S. App. LEXIS 14182 (11th Cir. 2005). Accrual of right of contribution. — When principal obligor, with own funds, pays joint debt due by the obligor and the coprincipal, the right upon implied contract of coprincipal to bear share of common burde…
O.C.G.A. § 9-3-26 Other actions on contracts; exception
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All other actions upon contracts express or implied not otherwise provided for shall be brought within four years from the accrual of the right of action. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Ti…
O.C.G.A. § 9-3-27 Actions against fiduciaries
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All actions against executors, administrators, or guardians, except on 207 9-3-27 their bonds, shall be brought within ten years after the right of action accrues. History. Orig. Code 1863, § 2863; Code 1868, § 2871; Code 1873, § 2922; Code 1882, § 2922; Civil Code 1895, § 3772; …
O.C.G.A. § 9-3-28 Actions by informers
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All actions by informers to recover any fine, forfeiture, or penalty shall be commenced within one year from the time the defendant’s liability thereto is discovered or by reasonable diligence could have been discovered. History. Laws 1767, Cobb’s 1851 Digest, p. 563.; Code 1863, …
O.C.G.A. § 9-3-29 Breach of restrictive covenant
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(a) All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code…
O.C.G.A. § 9-3-3 Applicability of limitation statutes; equitable bar
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Unless otherwise provided by law, limitation statutes shall apply equally to all courts. In addition, courts of equity may interpose an equitable bar whenever, from the lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal righ…
O.C.G.A. § 9-3-30 Hickey v
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Bowden, 248 Ga. App. 647, 548 S.E.2d 347, 2001 Ga. App. LEXIS 259 (2001), rev’d in part, aff’d in part, 275 Ga. 249, 569 S.E.2d 495, 2002 Ga. LEXIS 479 (2002). Parties may contract for lesser time limit. — While O.C.G.A. § 9-3-24 provides that actions on simple contracts in writi…
O.C.G.A. § 9-3-30.2 Actions on foreign judgments
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[Reserved] Proceedings to set aside judgments. Enforcement of rights under statutes, acts of incorporation; recovery of wages, overtime, and damages. Sealed instruments. Actions on simple written contracts; exceptions. Open accounts; breach of certain contracts; implied promise; …
O.C.G.A. § 9-3-31 Injuries to personalty
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Actions for injuries to personalty shall be brought within four years after the right of action accrues. History. Laws 1767, Cobb’s 1851 Digest, p. 562.; Laws 1805, Cobb’s 1851 Digest, p. 564.; Ga. L. 1855-56, p. 233, § 4; Code 1863, § 2991; Code 1868, § 3004; Code 1873, § 3059; …
O.C.G.A. § 9-3-33 Roberts v
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Georgia, 228 Fed. Appx. 851, 2007 U.S. App. LEXIS 8005 (11th Cir. 2007). Claims under 42 U.S.C. § 1981. — Employee’s race discrimination claims against an employer under 42 U.S.C. § 1981, based on a failure to promote, were barred by the applicable two-year limitations period of …
O.C.G.A. § 9-3-33.1 Actions for childhood sexual abuse
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(a)(1) As used in this subsection, the term “childhood sexual abuse” means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of: (A) Rape, as prohibited in Code Section 16-6-1; (B) …
O.C.G.A. § 9-3-34 Article not applicable to malpractice
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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.
O.C.G.A. § 9-3-35 Actions by creditor seeking relief under Uniform Voidable Transactions Act
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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…
O.C.G.A. § 9-3-36 Limitations on claims arising before decedent’s death
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(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…
O.C.G.A. § 9-3-5 Beneficiaries barred along with trustee
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Where a trustee is barred, the beneficiaries of the estate represented by him shall also be barred. 154 History. Civil Code 1895, § 3773; Civil Code 1910, § 4367; Code 1933, § 3-710. History of Section. This Code section is derived from the 9-3-6 decision in Salter v. Salter, 80 G…