O.C.G.A. § 9-7-7 — GA Code / Title 9 / Chapter 7 / Section 9-7-7
Georgia Code Title 9. Civil Practice § 9-7-7
Status: in_force

In cases of contempt by either party, a witness, or other persons, upon application to the court making the appointment, the judge thereof shall take such proceedings and impose such penalty as the facts authorize or require.
O.C.G.A. § 9-9-73 — GA Code / Title 9 / Chapter 9 / Section 9-9-73
Georgia Code Title 9. Civil Practice § 9-9-73
Status: in_force

The referee shall have all the powers of the superior courts to compel the attendance of witnesses before the arbitrators, to compel witnesses to testify, and to issue subpoenas requiring the attendance of witnesses at the time and place of the meeting of the arbitrators. Subpoenas shall be served in the manner provided by law for the service of subpoenas in cases pending in the superior courts. Witnesses shall be entitled to the same compensation as witnesses in the superior courts, and the compensation may be collected in the same manner.
O.C.G.A. § 9-9-79 — GA Code / Title 9 / Chapter 9 / Section 9-9-79
Georgia Code Title 9. Civil Practice § 9-9-79
Status: in_force

After the arbitrators have made their findings, the referee shall furnish each of the parties with a copy thereof. The original shall be entered on the minutes of the court authorizing the arbitration; it shall have all the force and effect of a judgment or decree of the court and may be enforced in the same manner at any time after the adjournment of the court. For the entering of the findings upon the minutes of the court, the clerk shall be entitled to the same fees allowed by law for the entering of judgments in other cases, to be paid by the parties as provided in the submission.
O.C.G.A. § 9-10-30 — GA Code / Title 9 / Chapter 10 / Section 9-10-30
Georgia Code Title 9. Civil Practice § 9-10-30
Status: in_force

All actions seeking equitable relief shall be filed in the county of the residence of one of the defendants against whom substantial relief is prayed, except in cases of injunctions to stay pending proceedings, when the action may be filed in the county where the proceedings are pending, provided no relief is prayed as to matters not included in such litigation, and except in divorce cases, venue in which is governed by Article VI, Section II, Paragraph I of the Constitution of this state.
O.C.G.A. § 9-9-59 — GA Code / Title 9 / Chapter 9 / Section 9-9-59
Georgia Code Title 9. Civil Practice § 9-9-59
Status: in_force

Any judgment considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5.
O.C.G.A. § 9-12-11 — GA Code / Title 9 / Chapter 12 / Section 9-12-11
Georgia Code Title 9. Civil Practice § 9-12-11
Status: in_force

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.
O.C.G.A. § 9-13-2 — GA Code / Title 9 / Chapter 13 / Section 9-13-2
Georgia Code Title 9. Civil Practice § 9-13-2
Status: in_force

If execution is issued before the expiration of the time allowed for entering an appeal, the execution will be suspended on the entering of an appeal by either party.
O.C.G.A. § 9-12-21 — GA Code / Title 9 / Chapter 12 / Section 9-12-21
Georgia Code Title 9. Civil Practice § 9-12-21
Status: in_force

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 subject to the same equities and to the same defenses as was the original holder of the judgment.
O.C.G.A. § 9-15-8 — GA Code / Title 9 / Chapter 15 / Section 9-15-8
Georgia Code Title 9. Civil Practice § 9-15-8
Status: in_force

No party plaintiff or defendant shall be liable for the costs of any witness of the adverse party unless the witness is subpoenaed, sworn, and examined on the trial of the case or unless the plaintiff voluntarily dismisses his case before trial. No party shall be liable for the costs of more than two witnesses to the same point unless the court certifies that the question at issue was of such a character as rendered a greater number of witnesses necessary.
O.C.G.A. § 9-4-9 — GA Code / Title 9 / Chapter 4 / Section 9-4-9
Georgia Code Title 9. Civil Practice § 9-4-9
Status: in_force

In any proceeding under this chapter the court may make such award or division of costs as may seem equitable and just.
O.C.G.A. § 9-9-81 — GA Code / Title 9 / Chapter 9 / Section 9-9-81
Georgia Code Title 9. Civil Practice § 9-9-81
Status: in_force

The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission.
O.C.G.A. § 9-2-63 — GA Code / Title 9 / Chapter 2 / Section 9-2-63
Georgia Code Title 9. Civil Practice § 9-2-63
Status: in_force

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 action and that because of his indigence he is unable to pay the costs that have accrued in the case, he shall have the right to renew the action without payment of the cost as aforesaid.
O.C.G.A. § 9-2-21 — GA Code / Title 9 / Chapter 2 / Section 9-2-21
Georgia Code Title 9. Civil Practice § 9-2-21
Status: in_force

(a) An action for a tort shall, in general, be brought in the name of the person whose legal right has been affected. In the case of an injury to property, a tort action shall be brought in the name of the person who was legally interested in the property at the time the injury thereto was committed or in the name of his assignee.

(a) An action for a tort shall, in general, be brought in the name of the person whose legal right has been affected. In the case of an injury to property, a tort action shall be brought in the name of the person who was legally interested in the property at the time the injury thereto was committed or in the name of his assignee.

(b) An action for a tort shall be brought against the party committing the injury, either by himself, his servant, or an agent in his employ.

(b) An action for a tort shall be brought against the party committing the injury, either by himself, his servant, or an agent in his employ.

(c) If the person whose legal right has been affected has received medical assistance benefits pursuant to Chapter 4 of Title 49, prior to initiating recovery action, the representative or attorney who has actual knowledge of the receipt of said benefits shall notify the Department of Community Health of the claim. Mailing and deposit in a United States post office or public mail box of said notice addressed to the Department of Community Health with adequate postage affixed is adequate legal notice of the claim. Notice as provided in this subsection shall not be a condition precedent to the filing of any action for tort. Initiating recovery action shall include any communication with a party who may be liable or someone financially responsible for that liability with regard to recovery of a claim including but not limited to the filing of an action in court.

(c) If the person whose legal right has been affected has received medical assistance benefits pursuant to Chapter 4 of Title 49, prior to initiating recovery action, the representative or attorney who has actual knowledge of the receipt of said benefits shall notify the Department of Community Health of the claim. Mailing and deposit in a United States post office or public mail box of said notice addressed to the Department of Community Health with adequate postage affixed is adequate legal notice of the claim. Notice as provided in this subsection shall not be a condition precedent to the filing of any action for tort. Initiating recovery action shall include any communication with a party who may be liable or someone financially responsible for that liability with regard to recovery of a claim including but not limited to the filing of an action in court.
O.C.G.A. § 9-2-60 — GA Code / Title 9 / Chapter 2 / Section 9-2-60
Georgia Code Title 9. Civil Practice § 9-2-60
Status: in_force

(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.

(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 other proceeding filed in any of the courts of this state in which no written order is taken for a period of five years shall automatically stand dismissed with costs to be taxed against the party plaintiff.

(b) Any action or other proceeding filed in any of the courts of this state in which no written order is taken for a period of five years shall automatically stand dismissed with costs to be taxed against the party plaintiff.

(c) When an action is dismissed under this Code section, if the plaintiff recommences the action within six months following the dismissal then the renewed action shall stand upon the same footing, as to limitation, with the original action.

(c) When an action is dismissed under this Code section, if the plaintiff recommences the action within six months following the dismissal then the renewed action shall stand upon the same footing, as to limitation, with the original action.
O.C.G.A. § 9-6-40 — GA Code / Title 9 / Chapter 6 / Section 9-6-40
Georgia Code Title 9. Civil Practice § 9-6-40
Status: in_force

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, necessity, and justice as apply to mandamus; provided, however, that no writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.
O.C.G.A. § 9-11-31 — GA Code / Title 9 / Chapter 11 / Section 9-11-31
Georgia Code Title 9. Civil Practice § 9-11-31
Status: in_force

(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 . The deposition of a person confined in a penal institution may be taken only by leave of court on such terms as the court prescribes. (2) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating the name and address of the person who is to answer them, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with paragraph (6) of subsection (b) of Code Section 9-11-30 . (3) Within 30 days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within ten days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within ten days after being served with redirect questions, a party may serve recross-questions upon all other parties. The court may, for cause shown, enlarge or shorten the time.

(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 . The deposition of a person confined in a penal institution may be taken only by leave of court on such terms as the court prescribes.

(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 . The deposition of a person confined in a penal institution may be taken only by leave of court on such terms as the court prescribes.

(2) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating the name and address of the person who is to answer them, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with paragraph (6) of subsection (b) of Code Section 9-11-30 .

(2) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating the name and address of the person who is to answer them, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with paragraph (6) of subsection (b) of Code Section 9-11-30 .

(3) Within 30 days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within ten days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within ten days after being served with redirect questions, a party may serve recross-questions upon all other parties. The court may, for cause shown, enlarge or shorten the time.

(3) Within 30 days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within ten days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within ten days after being served with redirect questions, a party may serve recross-questions upon all other parties. The court may, for cause shown, enlarge or shorten the time.

(b) Officer to take responses and prepare record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by subsections (c), (e), and (f) of Code Section 9-11-30 , to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by him.

(b) Officer to take responses and prepare record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by subsections (c), (e), and (f) of Code Section 9-11-30 , to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by him.
O.C.G.A. § 9-2-29 — GA Code / Title 9 / Chapter 2 / Section 9-2-29
Georgia Code Title 9. Civil Practice § 9-2-29
Status: in_force

If no special officer is authorized to be the plaintiff in a penal action, the state, the Governor, the Attorney General, or a prosecuting attorney may be the plaintiff.
O.C.G.A. § 9-10-204 — GA Code / Title 9 / Chapter 10 / Section 9-10-204
Georgia Code Title 9. Civil Practice § 9-10-204
Status: in_force

The form of an action for words may be as follows:

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

Plaintiff

)

Civil action

)

File no. __________

v.

)

(Clerk will insert

)

number.)

C.D.,

)

Defendant

)

COMPLAINT

The defendant herein named is a resident of _____ (street), _____ (city), _____ County, Georgia, and is subject to the jurisdiction of this court.

Defendant C.D. has injured and damaged plaintiff in the sum of $ _____, by falsely and maliciously saying of and concerning plaintiff, on the _____ day of _____, _____, the following false and malicious words to _____ (name of person): (here give the words).

Wherefore, plaintiff demands judgment against defendant (here list the relief prayed for).

_________________________________________________

Attorney for plaintiff

_________________________________________________

Address
O.C.G.A. § 9-13-10 — GA Code / Title 9 / Chapter 13 / Section 9-13-10
Georgia Code Title 9. Civil Practice § 9-13-10
Status: in_force

Except as otherwise provided by law, executions shall be issued by the clerk of the court in which judgment is obtained, shall bear teste in the name of the judge of such court, shall bear date from the time of their issuing, shall be directed “To all and singular the sheriffs of this state and their lawful deputies,” and may be levied on all the estate of the defendant, both real and personal, which is subject to levy and sale.
O.C.G.A. § 9-12-112 — GA Code / Title 9 / Chapter 12 / Section 9-12-112
Georgia Code Title 9. Civil Practice § 9-12-112
Status: in_force

(a) Except as otherwise provided in subsection (b) of this Code section, this article applies to any foreign-country judgment to the extent that such judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.

(a) Except as otherwise provided in subsection (b) of this Code section, this article applies to any foreign-country judgment to the extent that such judgment:

(1) Grants or denies recovery of a sum of money; and

(1) Grants or denies recovery of a sum of money; and

(2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.

(2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.

(b) This article shall not apply to a foreign-country judgment, even if such judgment grants or denies recovery of a sum of money, to the extent that such judgment is: (1) A judgment for taxes; (2) A fine or other penalty; or (3) A judgment for divorce, support, or maintenance, or any other judgment rendered in connection with domestic relations.

(b) This article shall not apply to a foreign-country judgment, even if such judgment grants or denies recovery of a sum of money, to the extent that such judgment is:

(1) A judgment for taxes;

(1) A judgment for taxes;

(2) A fine or other penalty; or

(2) A fine or other penalty; or

(3) A judgment for divorce, support, or maintenance, or any other judgment rendered in connection with domestic relations.

(3) A judgment for divorce, support, or maintenance, or any other judgment rendered in connection with domestic relations.

(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to such foreign-country judgment.

(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to such foreign-country judgment.
O.C.G.A. § 9-14-17 — GA Code / Title 9 / Chapter 14 / Section 9-14-17
Georgia Code Title 9. Civil Practice § 9-14-17
Status: in_force

If the person in question is detained upon a criminal charge and it appears to the court that there is probable cause for his detention, he shall not be discharged for any defect in the affidavit, warrant, or commitment until a reasonable time has been given to the prosecutor to remedy the defect by a new proceeding.
O.C.G.A. § 9-8-8 — GA Code / Title 9 / Chapter 8 / Section 9-8-8
Georgia Code Title 9. Civil Practice § 9-8-8
Status: in_force

(a) The receiver is an officer and servant of the court appointing him, is responsible to no other tribunal than the court, and must in all things obey its direction.

(a) The receiver is an officer and servant of the court appointing him, is responsible to no other tribunal than the court, and must in all things obey its direction.

(b) The receiver shall discharge his trust according to the orders or decrees of the court appointing him. He is at all times subject to its orders and may be brought to account and removed at its pleasure.

(b) The receiver shall discharge his trust according to the orders or decrees of the court appointing him. He is at all times subject to its orders and may be brought to account and removed at its pleasure.
O.C.G.A. § 9-5-1 — GA Code / Title 9 / Chapter 5 / Section 9-5-1
Georgia Code Title 9. Civil Practice § 9-5-1
Status: in_force

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 at law.
O.C.G.A. § 9-6-65 — GA Code / Title 9 / Chapter 6 / Section 9-6-65
Georgia Code Title 9. Civil Practice § 9-6-65
Status: in_force

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 sheriff shall notify the parties of the time and place of trial. The date fixed for the trial shall not be less than ten nor more than 30 days from the date of the order. The judge shall have the discretion to continue the hearing from day to day, as provided for in other cases.
O.C.G.A. § 9-7-19 — GA Code / Title 9 / Chapter 7 / Section 9-7-19
Georgia Code Title 9. Civil Practice § 9-7-19
Status: in_force

(a) No new testimony shall be considered, except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence.

(a) No new testimony shall be considered, except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence.

(b) Application to introduce such original and newly discovered evidence shall be made to the judge before the argument on the exceptions, if the same is then known, with a statement of the party and his attorney setting out the expected testimony and facts authorizing it to be admitted as newly discovered evidence.

(b) Application to introduce such original and newly discovered evidence shall be made to the judge before the argument on the exceptions, if the same is then known, with a statement of the party and his attorney setting out the expected testimony and facts authorizing it to be admitted as newly discovered evidence.

(c) The opposite party shall be served with notice of the application. If the same is admitted, the opposite party shall be entitled to a continuance. On the trial he shall be entitled to introduce original testimony in rebuttal of the newly discovered evidence.

(c) The opposite party shall be served with notice of the application. If the same is admitted, the opposite party shall be entitled to a continuance. On the trial he shall be entitled to introduce original testimony in rebuttal of the newly discovered evidence.
O.C.G.A. § 9-9-20 — GA Code / Title 9 / Chapter 9 / Section 9-9-20
Georgia Code Title 9. Civil Practice § 9-9-20
Status: in_force

(a) This part shall be known and may be cited as the “Georgia International Commercial Arbitration Code.”

(a) This part shall be known and may be cited as the “Georgia International Commercial Arbitration Code.”

(b) The purpose of this part is to encourage international commercial arbitration in this state, to enforce arbitration agreements and arbitration awards, to facilitate prompt and efficient arbitration proceedings consistent with this part, and to provide a conducive environment for international business and trade.

(b) The purpose of this part is to encourage international commercial arbitration in this state, to enforce arbitration agreements and arbitration awards, to facilitate prompt and efficient arbitration proceedings consistent with this part, and to provide a conducive environment for international business and trade.
O.C.G.A. § 9-13-162 — GA Code / Title 9 / Chapter 13 / Section 9-13-162
Georgia Code Title 9. Civil Practice § 9-13-162
Status: in_force

Any sheriff, coroner, constable, tax collector, guardian, trustee, or any other officer of this state, when selling property at public sale by virtue of any law of this state, may continue the sale from day to day until the sale is completed, provided that the trustee or other officer has given notice of the intended continuance in the advertisement of the sale.
O.C.G.A. § 9-11-113 — GA Code / Title 9 / Chapter 11 / Section 9-11-113
Georgia Code Title 9. Civil Practice § 9-11-113
Status: in_force

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

)

Plaintiff

)

)

)

v.

)

Civil action

)

File no. _____

C.D. and E.F.,

)

(Clerk will insert

Defendant

)

number.)

COMPLAINT

The defendant C.D., herein named, is a resident of _____ (street), _____ (city), _____ County, Georgia, and is subject to the jurisdiction of this court. (Add appropriate statement about domicile of defendant E.F.)

1.

Defendant C.D. on or about _____ executed and delivered to plaintiff a promissory note in the following words and figures: (here set out the note verbatim); (a copy of which is hereto annexed as Exhibit A); whereby defendant C.D. promised to pay to plaintiff or order on _____ the sum of $5,000.00 with interest thereon at the rate of _____ percent per annum.

2.

Defendant C.D. owes to plaintiff the amount of said note and interest.

3.

Defendant C.D. on or about _____ conveyed all his property, real and personal (or specify and describe), to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above-referred to.

Wherefore, plaintiff demands:

(1) That plaintiff have judgment against defendant C.D. for $10,000.00 and interest;

(1) That plaintiff have judgment against defendant C.D. for $10,000.00 and interest;

(2) That the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property;

(2) That the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property;

(3) That plaintiff have judgment against the defendants for costs. _________________________________________________ Attorney for plaintiff _________________________________________________ Address

(3) That plaintiff have judgment against the defendants for costs.

_________________________________________________

Attorney for plaintiff

_________________________________________________

Address
O.C.G.A. § 9-9-10 — GA Code / Title 9 / Chapter 9 / Section 9-9-10
Georgia Code Title 9. Civil Practice § 9-9-10
Status: in_force

(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail or statutory overnight delivery, return receipt requested, or as provided in the agreement.

(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail or statutory overnight delivery, return receipt requested, or as provided in the agreement.

(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within 30 days following the close of the hearing or within such time as the court orders. The parties may extend in writing the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies in writing the arbitrators of his objection prior to the delivery of the award to him.

(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within 30 days following the close of the hearing or within such time as the court orders. The parties may extend in writing the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies in writing the arbitrators of his objection prior to the delivery of the award to him.
O.C.G.A. § 9-11-83 — GA Code / Title 9 / Chapter 11 / Section 9-11-83
Georgia Code Title 9. Civil Practice § 9-11-83
Status: in_force

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.
O.C.G.A. § 9-4-6 — GA Code / Title 9 / Chapter 4 / Section 9-4-6
Georgia Code Title 9. Civil Practice § 9-4-6
Status: in_force

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 court, whether a general verdict is required or not. The instructions by the court shall in all respects be governed by the laws of this state relating to instructions or charges by a court to a jury.
O.C.G.A. § 9-10-90 — GA Code / Title 9 / Chapter 10 / Section 9-10-90
Georgia Code Title 9. Civil Practice § 9-10-90
Status: in_force

As used in this article, the term “nonresident” includes an individual, or a partnership, association, or other legal or commercial entity (other than a corporation) not residing, domiciled, organized, or existing in this state at the time a claim or cause of action under Code Section 9-10-91 arises, or a corporation which is not organized or existing under the laws of this state and is not authorized to do or transact business in this state at the time a claim or cause of action under Code Section 9-10-91 arises. The term “nonresident” shall also include an individual, or a partnership, association, or other legal or commercial entity (other than a corporation) who, at the time a claim or cause of action arises under Code Section 9-10-91 , was residing, domiciled, organized, or existing in this state and subsequently becomes a resident, domiciled, organized, or existing outside of this state as of the date of perfection of service of process as provided by Code Section 9-10-94 .
O.C.G.A. § 9-12-68 — GA Code / Title 9 / Chapter 12 / Section 9-12-68
Georgia Code Title 9. Civil Practice § 9-12-68
Status: in_force

Decrees for the payment of money shall become dormant like other judgments when not enforced and may be revived as provided by law for other judgments.
O.C.G.A. § 9-2-8 — GA Code / Title 9 / Chapter 2 / Section 9-2-8
Georgia Code Title 9. Civil Practice § 9-2-8
Status: in_force

(a) No private right of action shall arise from any Act enacted after July 1, 2010, unless such right is expressly provided therein.

(a) No private right of action shall arise from any Act enacted after July 1, 2010, unless such right is expressly provided therein.

(b) Nothing in subsection (a) of this Code section shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under any theory of recovery otherwise recognized by law, including, but not limited to, theories of recovery under the law of torts or contract or for breach of legal or private duties as set forth in Code Sections 51-1-6 and 51-1-8 or in Title 13.

(b) Nothing in subsection (a) of this Code section shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under any theory of recovery otherwise recognized by law, including, but not limited to, theories of recovery under the law of torts or contract or for breach of legal or private duties as set forth in Code Sections 51-1-6 and 51-1-8 or in Title 13.
O.C.G.A. § 9-13-75 — GA Code / Title 9 / Chapter 13 / Section 9-13-75
Georgia Code Title 9. Civil Practice § 9-13-75
Status: in_force

One judgment may be set off against another, on motion, whether in the hands of an original party or an assignee. The balance on the larger is collectable under execution. The rights of an assignee shall not be interfered with if bona fide and for value.
O.C.G.A. § 9-12-133 — GA Code / Title 9 / Chapter 12 / Section 9-12-133
Georgia Code Title 9. Civil Practice § 9-12-133
Status: in_force

(a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.

(a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.

(b) The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(b) The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(c) The provisions of Code Section 9-11-4 shall not apply to this article.

(c) The provisions of Code Section 9-11-4 shall not apply to this article.

(d) The provisions of subsections (a) and (b) of this Code section shall not apply to the registration of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29.

(d) The provisions of subsections (a) and (b) of this Code section shall not apply to the registration of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29.
O.C.G.A. § 9-12-92 — GA Code / Title 9 / Chapter 12 / Section 9-12-92
Georgia Code Title 9. Civil Practice § 9-12-92
Status: in_force

When a judgment lien has attached to personal property which is removed to another state and sold, the property shall be subject to the judgment lien if brought back to this state.
O.C.G.A. § 9-7-9 — GA Code / Title 9 / Chapter 7 / Section 9-7-9
Georgia Code Title 9. Civil Practice § 9-7-9
Status: in_force

The auditor shall make an accurate report of all motions made before him and of his rulings thereon, and either the auditor or a party shall have the evidence and proceedings recorded by a court reporter. Any original document introduced in evidence shall be properly identified and attached to the report.
O.C.G.A. § 9-2-46 — GA Code / Title 9 / Chapter 2 / Section 9-2-46
Georgia Code Title 9. Civil Practice § 9-2-46
Status: in_force

(a) Whenever it is made to appear to the judge of any court that any party to a case pending in the court, after the case has been commenced, has instituted proceedings in any court of any other state involving the same controversy or cause of action, or in which the judgment which might be rendered in the other state might be pleadable in the case in this state as affecting the relief sought, it shall be the duty of the judge of the court in which the case is pending to set the case specially and ahead of all other business for trial as the first case at the next ensuing term of the court, except for other cases having precedence for the same reason.

(a) Whenever it is made to appear to the judge of any court that any party to a case pending in the court, after the case has been commenced, has instituted proceedings in any court of any other state involving the same controversy or cause of action, or in which the judgment which might be rendered in the other state might be pleadable in the case in this state as affecting the relief sought, it shall be the duty of the judge of the court in which the case is pending to set the case specially and ahead of all other business for trial as the first case at the next ensuing term of the court, except for other cases having precedence for the same reason.

(b) No case so assigned for trial shall be continued or postponed for more than 30 days for any cause whatsoever at the instance of the party who has instituted the case or proceedings in the foreign state. The case may be postponed from day to day for good cause for not exceeding 30 days at the instance of such party, but after being postponed for the 30 days it shall not be further postponed at his instance. If the term of court ends within the 30 days and the case has not been continued for the term, it shall stand for trial as the first case at the next ensuing term. This Code section shall not be applied so as to set any case for trial before proper times have elapsed for notice, the filing of defensive pleadings, and discovery. Proper time limits for discovery shall be in the discretion of the judge.

(b) No case so assigned for trial shall be continued or postponed for more than 30 days for any cause whatsoever at the instance of the party who has instituted the case or proceedings in the foreign state. The case may be postponed from day to day for good cause for not exceeding 30 days at the instance of such party, but after being postponed for the 30 days it shall not be further postponed at his instance. If the term of court ends within the 30 days and the case has not been continued for the term, it shall stand for trial as the first case at the next ensuing term. This Code section shall not be applied so as to set any case for trial before proper times have elapsed for notice, the filing of defensive pleadings, and discovery. Proper time limits for discovery shall be in the discretion of the judge.
O.C.G.A. § 9-9-15 — GA Code / Title 9 / Chapter 9 / Section 9-9-15
Georgia Code Title 9. Civil Practice § 9-9-15
Status: in_force

(a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by Chapter 11 of this title and be enforced as any other judgment or decree.

(a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by Chapter 11 of this title and be enforced as any other judgment or decree.

(b) The judgment roll shall consist of the following: (1) The agreement and each written extension of time within which to make the award; (2) The award; (3) A copy of the order confirming, modifying, or correcting the award; and (4) A copy of the judgment.

(b) The judgment roll shall consist of the following:

(1) The agreement and each written extension of time within which to make the award;

(1) The agreement and each written extension of time within which to make the award;

(2) The award;

(2) The award;

(3) A copy of the order confirming, modifying, or correcting the award; and

(3) A copy of the order confirming, modifying, or correcting the award; and

(4) A copy of the judgment.

(4) A copy of the judgment.
O.C.G.A. § 9-8-10 — GA Code / Title 9 / Chapter 8 / Section 9-8-10
Georgia Code Title 9. Civil Practice § 9-8-10
Status: in_force

The judge of the superior court, in his discretion, may require a receiver to give bond conditioned for the faithful discharge of the trust reposed. If bond is so required, the judge shall fix the amount thereof and shall determine the sufficiency of the security. The judge shall also regulate the compensation paid to the receiver.
O.C.G.A. § 9-3-113 — GA Code / Title 9 / Chapter 3 / Section 9-3-113
Georgia Code Title 9. Civil Practice § 9-3-113
Status: in_force

A new promise shall revive or extend the original liability; it shall not create a new one.
O.C.G.A. § 9-11-122 — GA Code / Title 9 / Chapter 11 / Section 9-11-122
Georgia Code Title 9. Civil Practice § 9-11-122
Status: in_force

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

)

Plaintiff

)

)

)

v.

)

Civil action

)

File no. _____

C.D.,

)

)

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 the clerk of said court and serve upon _____, plaintiff's attorney whose address is _____, and upon _____, who is attorney for C.D., defendant and third-party plaintiff, and whose address is _____, an answer to the third-party complaint which is herewith served upon you, within 30 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer.

_________________________________________________

Clerk of court

_________________________________________________

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

)

Plaintiff

)

)

)

v.

)

Civil action

)

File no. _____

C.D.,

)

)

Defendant and

)

Third-Party

)

Plaintiff

)

v.

)

)

)

E.F.,

)

)

Third-Party

)

Defendant

)

THIRD-PARTY COMPLAINT

1.

Plaintiff, A.B., has filed against defendant, C.D., a complaint, a copy of which is hereto attached as “Exhibit A.” A copy of all other pleadings filed prior to the filing of this third-party complaint is hereto attached as “Exhibit B.”

2.

(Here state the grounds upon which C.D. is entitled to recover from E.F. all or part of what A.B. may recover from C.D. The statements should be framed as in an original complaint.)

Wherefore, C.D. demands judgment against third-party defendant E.F. for all sums that may be adjudged against defendant C.D. in favor of plaintiff A.B.

_________________________________________________

Attorney for C.D.,

third-party plaintiff

_________________________________________________

Address
O.C.G.A. § 9-13-32 — GA Code / Title 9 / Chapter 13 / Section 9-13-32
Georgia Code Title 9. Civil Practice § 9-13-32
Status: in_force

On the death of a defendant after final judgment when no execution has been issued prior to such death, execution may issue as though the death had not taken place.
O.C.G.A. § 9-3-20 — GA Code / Title 9 / Chapter 3 / Section 9-3-20
Georgia Code Title 9. Civil Practice § 9-3-20
Status: in_force

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.
O.C.G.A. § 9-16-18 — GA Code / Title 9 / Chapter 16 / Section 9-16-18
Georgia Code Title 9. Civil Practice § 9-16-18
Status: in_force

(a) All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the transferee claims and establishes in a hearing under this chapter that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under paragraph (2) of subsection (a) of Code Section 9-16-17 .

(a) All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the transferee claims and establishes in a hearing under this chapter that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under paragraph (2) of subsection (a) of Code Section 9-16-17 .

(b) On entry of judgment for a person claiming an interest in the property that is subject to a civil forfeiture proceeding, the court shall order that the property or interest in the property be released or delivered promptly to that person free of liens and encumbrances.

(b) On entry of judgment for a person claiming an interest in the property that is subject to a civil forfeiture proceeding, the court shall order that the property or interest in the property be released or delivered promptly to that person free of liens and encumbrances.
O.C.G.A. § 9-13-52 — GA Code / Title 9 / Chapter 13 / Section 9-13-52
Georgia Code Title 9. Civil Practice § 9-13-52
Status: in_force

A sheriff or other levying officer shall not sell land outside the county in which he is sheriff or such officer except when the defendant in execution owns a tract or tracts of land divided by the line of the county of his residence, in which case the land may be sold in the county of his residence; if such tract of land is in a county other than that of the defendant's residence, it may be levied on and sold in either county.
O.C.G.A. § 9-17-12 — GA Code / Title 9 / Chapter 17 / Section 9-17-12
Georgia Code Title 9. Civil Practice § 9-17-12
Status: in_force

In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
O.C.G.A. § 9-2-2 — GA Code / Title 9 / Chapter 2 / Section 9-2-2
Georgia Code Title 9. Civil Practice § 9-2-2
Status: in_force

(a) An action may be against the person, or against property, or both.

(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.

(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.
O.C.G.A. § 9-13-126 — GA Code / Title 9 / Chapter 13 / Section 9-13-126
Georgia Code Title 9. Civil Practice § 9-13-126
Status: in_force

When an execution is levied on personal property and an affidavit of illegality is filed thereto and the party filing the illegality desires to take or keep possession of the property, he shall deliver to the sheriff or other levying officer a bond payable to the levying officer, with good security in a sum equal to double the value of the property so levied upon, to be judged of by the levying officer, conditioned for the delivery of the property levied upon at the time and place of sale in the event that the illegality is dismissed by the court or withdrawn, which bond shall be recoverable in any court having cognizance thereof.
O.C.G.A. § 9-13-99 — GA Code / Title 9 / Chapter 13 / Section 9-13-99
Georgia Code Title 9. Civil Practice § 9-13-99
Status: in_force

Whenever an execution issued from a probate court is levied upon personal property and a claim to the property or an affidavit of illegality is interposed, it shall be the duty of the sheriff or other levying officer to return the same, together with the execution and all the other papers, to the next term of the superior court of the county from which the execution was issued. If the levy has been made upon realty, the execution, with the claim or illegality papers, shall be returned by the levying officer to the next term of the superior court of the county where the land lies and the issue shall be tried as is provided for the trial of claim and illegality cases.
O.C.G.A. § 9-12-87 — GA Code / Title 9 / Chapter 12 / Section 9-12-87
Georgia Code Title 9. Civil Practice § 9-12-87
Status: in_force

(a) All judgments signed on verdicts rendered at the same term of court shall be considered, held, and taken to be of equal date.

(a) All judgments signed on verdicts rendered at the same term of court shall be considered, held, and taken to be of equal date.

(b) In the case of judgments signed on verdicts rendered at the same term of the court, no execution shall be entitled to any preference by reason of being first placed in the hands of the levying officer.

(b) In the case of judgments signed on verdicts rendered at the same term of the court, no execution shall be entitled to any preference by reason of being first placed in the hands of the levying officer.
O.C.G.A. § 9-10-167 — GA Code / Title 9 / Chapter 10 / Section 9-10-167
Georgia Code Title 9. Civil Practice § 9-10-167
Status: in_force

(a) All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require.

(a) All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require.

(b) In all cases the presiding judge may, in his discretion, admit a countershowing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.

(b) In all cases the presiding judge may, in his discretion, admit a countershowing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.
O.C.G.A. § 9-12-111 — GA Code / Title 9 / Chapter 12 / Section 9-12-111
Georgia Code Title 9. Civil Practice § 9-12-111
Status: in_force

As used in this article, the term:

(1) “ Foreign country ” means a government other than: (A) The United States; (B) Any state, district, commonwealth, territory, or insular possession of the United States; or (C) Any other government with regard to which the decision in this state as to whether to recognize a judgment of such government's court is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.

(1) “ Foreign country ” means a government other than:

(A) The United States;

(A) The United States;

(B) Any state, district, commonwealth, territory, or insular possession of the United States; or

(B) Any state, district, commonwealth, territory, or insular possession of the United States; or

(C) Any other government with regard to which the decision in this state as to whether to recognize a judgment of such government's court is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.

(C) Any other government with regard to which the decision in this state as to whether to recognize a judgment of such government's court is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.

(2) “Foreign-country judgment” means any judgment of a court of a foreign country.

(2) “Foreign-country judgment” means any judgment of a court of a foreign country.
O.C.G.A. § 9-3-99 — GA Code / Title 9 / Chapter 3 / Section 9-3-99
Georgia Code Title 9. Civil Practice § 9-3-99
Status: in_force

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 the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1 .
O.C.G.A. § 9-3-25 — GA Code / Title 9 / Chapter 3 / Section 9-3-25
Georgia Code Title 9. Civil Practice § 9-3-25
Status: in_force

All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.
O.C.G.A. § 9-9-25 — GA Code / Title 9 / Chapter 9 / Section 9-9-25
Georgia Code Title 9. Civil Practice § 9-9-25
Status: in_force

A party who knows that any provision of this part from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without objecting to such noncompliance without undue delay or, if a time limit is provided therefor, within such period of time, shall be deemed to have waived the right to object.
O.C.G.A. § 9-12-15 — GA Code / Title 9 / Chapter 12 / Section 9-12-15
Georgia Code Title 9. Civil Practice § 9-12-15
Status: in_force

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.
O.C.G.A. § 9-9-78 — GA Code / Title 9 / Chapter 9 / Section 9-9-78
Georgia Code Title 9. Civil Practice § 9-9-78
Status: in_force

The arbitrators shall make a written finding on each of the matters in controversy contained in the submission. If the arbitrators shall fail to agree on any finding, then any two of them may make the finding, which shall have the same force and effect as if made by all.
O.C.G.A. § 9-5-5 — GA Code / Title 9 / Chapter 5 / Section 9-5-5
Georgia Code Title 9. Civil Practice § 9-5-5
Status: in_force

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.
O.C.G.A. § 9-10-7 — GA Code / Title 9 / Chapter 10 / Section 9-10-7
Georgia Code Title 9. Civil Practice § 9-10-7
Status: in_force

It is error for any judge, during the progress of any case, or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved. Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error, the decision in the case shall be reversed, and a new trial shall be granted in the court below with such directions as the Supreme Court or the Court of Appeals may lawfully give.
O.C.G.A. § 9-10-94 — GA Code / Title 9 / Chapter 10 / Section 9-10-94
Georgia Code Title 9. Civil Practice § 9-10-94
Status: in_force

A person subject to the jurisdiction of the courts of the state under Code Section 9-10-91 , or his executor or administrator, may be served with a summons outside the state in the same manner as service is made within the state by any person authorized to make service by the laws of the state, territory, possession, or country in which service is made or by any duly qualified attorney, solicitor, barrister, or the equivalent in such jurisdiction.
O.C.G.A. § 9-8-6 — GA Code / Title 9 / Chapter 8 / Section 9-8-6
Georgia Code Title 9. Civil Practice § 9-8-6
Status: in_force

Persons holding liens on property in the hands of a receiver may be made parties to the case at any time. Unless otherwise provided in the order, liens upon the property held by any parties to the record, shall be dissolved by the receiver's sale and transferred to the funds arising from the sale of the property.
O.C.G.A. § 9-10-160 — GA Code / Title 9 / Chapter 10 / Section 9-10-160
Georgia Code Title 9. Civil Practice § 9-10-160
Status: in_force

All applications for continuances upon the ground of the absence of a witness shall show to the court:

(1) That the witness is absent;

(1) That the witness is absent;

(2) That he has been subpoenaed;

(2) That he has been subpoenaed;

(3) That he does not reside outside of the state;

(3) That he does not reside outside of the state;

(4) That his testimony is material;

(4) That his testimony is material;

(5) That the witness is not absent by the permission, directly or indirectly, of the applicant;

(5) That the witness is not absent by the permission, directly or indirectly, of the applicant;

(6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court;

(6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court;

(7) That the application is not made for the purpose of delay but to enable the party to procure the testimony of the absent witness; and

(7) That the application is not made for the purpose of delay but to enable the party to procure the testimony of the absent witness; and

(8) The facts expected to be proved by the absent witness.

(8) The facts expected to be proved by the absent witness.
O.C.G.A. § 9-9-1 — GA Code / Title 9 / Chapter 9 / Section 9-9-1
Georgia Code Title 9. Civil Practice § 9-9-1
Status: in_force

This part shall be known and may be cited as the “Georgia Arbitration Code.”
O.C.G.A. § 9-3-90 — GA Code / Title 9 / Chapter 3 / Section 9-3-90
Georgia Code Title 9. Civil Practice § 9-3-90
Status: in_force

(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.

(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 as otherwise provided in Code Section 9-3-33.1 , individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons.

(b) Except as otherwise provided in Code Section 9-3-33.1 , individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons.

(c) No action accruing to an individual imprisoned at the time of its accrual which: (1) Prior to July 1, 1984, has been barred by the provisions of this chapter shall be revived by this chapter, as amended; or (2) Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985.

(c) No action accruing to an individual imprisoned at the time of its accrual which:

(1) Prior to July 1, 1984, has been barred by the provisions of this chapter shall be revived by this chapter, as amended; or

(1) Prior to July 1, 1984, has been barred by the provisions of this chapter shall be revived by this chapter, as amended; or

(2) Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985.

(2) Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985.
O.C.G.A. § 9-13-169 — GA Code / Title 9 / Chapter 13 / Section 9-13-169
Georgia Code Title 9. Civil Practice § 9-13-169
Status: in_force

No note or memorandum in writing shall be necessary to charge any person at a judicial sale.
O.C.G.A. § 9-7-5 — GA Code / Title 9 / Chapter 7 / Section 9-7-5
Georgia Code Title 9. Civil Practice § 9-7-5
Status: in_force

Except by the written consent of all parties, the auditor shall not hear evidence or argument outside the county in which the case is proceeding. He shall give both parties or their counsel reasonable notice of the time and place of hearing and shall be sworn to render a true report according to the law and the evidence without favor or affection to either party.
O.C.G.A. § 9-13-177 — GA Code / Title 9 / Chapter 13 / Section 9-13-177
Georgia Code Title 9. Civil Practice § 9-13-177
Status: in_force

The purchaser at a judicial sale may enforce any covenants of warranty running with the land which are incorporated in the previous title deeds.
O.C.G.A. § 9-15-9 — GA Code / Title 9 / Chapter 15 / Section 9-15-9
Georgia Code Title 9. Civil Practice § 9-15-9
Status: in_force

When any action ex contractu is brought in the superior or state court and the verdict of the jury, unreduced by setoff or payment pending the action, is for a sum under $50.00, the defendant shall not be charged with more costs than would have necessarily accrued if the case had been heard before a magistrate. The remainder of the court costs shall be paid by the plaintiff and may be retained out of the sum recovered by the plaintiff and, if that is insufficient, judgment shall be entered by the court against the plaintiff for the balance.
O.C.G.A. § 9-13-55 — GA Code / Title 9 / Chapter 13 / Section 9-13-55
Georgia Code Title 9. Civil Practice § 9-13-55
Status: in_force

To authorize a sale of personal property there shall be an actual or constructive seizure.
O.C.G.A. § 9-10-153 — GA Code / Title 9 / Chapter 10 / Section 9-10-153
Georgia Code Title 9. Civil Practice § 9-10-153
Status: in_force

It shall be the duty of any judge of a court of this state, on or without motion, to continue any case in the court when the case is reached and any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court or by reason of his attendance as a member of the National Guard upon any duty prescribed by the Governor or the adjutant general, unless the party, in the absence of his leading counsel, or the leading counsel, in the absence of the party, on the call of the case, announces ready for trial. If counsel is absent it shall be necessary for his client to make oath that he cannot safely go to trial without the absent counsel; and, if the party plaintiff or defendant is absent, his counsel shall state in his place that he cannot safely go to trial without the client.
O.C.G.A. § 9-12-132 — GA Code / Title 9 / Chapter 12 / Section 9-12-132
Georgia Code Title 9. Civil Practice § 9-12-132
Status: in_force

A copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed. A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed and may be enforced or satisfied in like manner.
O.C.G.A. § 9-14-2 — GA Code / Title 9 / Chapter 14 / Section 9-14-2
Georgia Code Title 9. Civil Practice § 9-14-2
Status: in_force

In all writs of habeas corpus sought on account of the detention of a spouse or child, the court on hearing all the facts may exercise its discretion as to whom the custody of the spouse or child shall be given and shall have the power to give the custody of a child to a third person.
O.C.G.A. § 9-14-9 — GA Code / Title 9 / Chapter 14 / Section 9-14-9
Georgia Code Title 9. Civil Practice § 9-14-9
Status: in_force

If the affidavit of the applicant to the effect that he has reason to apprehend that the party detaining or holding another in custody will remove him beyond the limits of the county or conceal him from the officers of the law is filed with the petition, the judge granting the writ shall at the same time issue his warrant directed to the sheriff, deputy sheriff, coroner, or any lawful constable of the county requiring the officers to search for and arrest the body of the person detained and to bring him before the judge to be disposed of as he may direct.
O.C.G.A. § 9-12-40 — GA Code / Title 9 / Chapter 12 / Section 9-12-40
Georgia Code Title 9. Civil Practice § 9-12-40
Status: in_force

A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered until the judgment is reversed or set aside.
O.C.G.A. § 9-13-144 — GA Code / Title 9 / Chapter 13 / Section 9-13-144
Georgia Code Title 9. Civil Practice § 9-13-144
Status: in_force

(a) If the judge of the probate court, the sheriff, or other officer is unable to procure advertisements at the rate prescribed in Code Section 9-13-143 in a newspaper published at the county site of the county, he may have the advertisements published in any newspaper in this state having the largest general circulation in the county, provided that any paper published in the county shall be next entitled to the public advertisements and provided, further, that the rates shall be agreed upon.

(a) If the judge of the probate court, the sheriff, or other officer is unable to procure advertisements at the rate prescribed in Code Section 9-13-143 in a newspaper published at the county site of the county, he may have the advertisements published in any newspaper in this state having the largest general circulation in the county, provided that any paper published in the county shall be next entitled to the public advertisements and provided, further, that the rates shall be agreed upon.

(b) If contracts cannot be made with newspapers at the rates prescribed, then the sheriff and the judge of the probate court or other advertising officers shall post their advertisements at the courthouse and in a public place in each militia district in the county for the length of time required by law for advertising in newspapers.

(b) If contracts cannot be made with newspapers at the rates prescribed, then the sheriff and the judge of the probate court or other advertising officers shall post their advertisements at the courthouse and in a public place in each militia district in the county for the length of time required by law for advertising in newspapers.
O.C.G.A. § 9-16-6 — GA Code / Title 9 / Chapter 16 / Section 9-16-6
Georgia Code Title 9. Civil Practice § 9-16-6
Status: in_force

(a) Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A court issued warrant authorizing seizure of property subject to forfeiture may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of the United States. The court may order that the property be seized on such terms and conditions as are reasonable.

(a) Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A court issued warrant authorizing seizure of property subject to forfeiture may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of the United States. The court may order that the property be seized on such terms and conditions as are reasonable.

(b) Property subject to forfeiture may be seized without process if probable cause exists to believe that the property is subject to forfeiture or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.

(b) Property subject to forfeiture may be seized without process if probable cause exists to believe that the property is subject to forfeiture or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.

(c) The court's jurisdiction over any civil forfeiture proceeding shall not be affected by a seizure in violation of the Constitution of Georgia or the Constitution of the United States made with process or in a good faith belief of probable cause.

(c) The court's jurisdiction over any civil forfeiture proceeding shall not be affected by a seizure in violation of the Constitution of Georgia or the Constitution of the United States made with process or in a good faith belief of probable cause.
O.C.G.A. § 9-11-121 — GA Code / Title 9 / Chapter 11 / Section 9-11-121
Georgia Code Title 9. Civil Practice § 9-11-121
Status: in_force

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

)

Plaintiff

)

)

)

v.

)

Civil action

)

File no. _____

C.D.,

)

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 $10,000.00 as a deposit from E.F.

2.

Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E.F.

3.

E.F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.

Wherefore, defendant demands:

(1) That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim.

(1) That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim.

(2) That the court order the plaintiff and E.F. to interplead their respective claims.

(2) That the court order the plaintiff and E.F. to interplead their respective claims.

(3) That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money.

(3) That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money.

(4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.

(4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.

(5) That the court award to the defendant its costs and attorney's fees. _________________________________________________ Attorney for defendant _________________________________________________ Address

(5) That the court award to the defendant its costs and attorney's fees.

_________________________________________________

Attorney for defendant

_________________________________________________

Address
O.C.G.A. § 9-6-21 — GA Code / Title 9 / Chapter 6 / Section 9-6-21
Georgia Code Title 9. Civil Practice § 9-6-21
Status: in_force

(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 mere ministerial duties.

(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 mere ministerial duties.

(b) On the application of one or more citizens of any county against the county board of commissioners where by law supervision and jurisdiction is vested in such commissioners over the public roads of such counties and the overseers of the public roads complained of; or against the judge of the probate court where by law supervision, control, and jurisdiction over such public roads is vested in the judge and the overseers of the public roads that may be complained of; or against either, both, or all of the named parties, as the facts and methods of working the public roads in the respective counties may justify, which application or action for mandamus shall show that one or more of the public roads of the county of the plaintiff's residence are out of repair; do not measure up to the standards and do not conform to the legal requirements as prescribed by law; and are in such condition that ordinary loads, with ordinary ease, cannot be hauled over such public roads, the judges of the superior courts are authorized and given jurisdiction and it is made their duty, upon such showing being made, to issue the writ of mandamus against the parties having charge of and supervision over the public roads of the county; and to compel by such proceedings the building, repairing, and working of the public roads as are complained of, up to the standard required by law, so that ordinary loads, with ordinary ease and facility, can be continuously hauled over such public roads. The judges of the superior courts shall, by proper order, in the same proceedings compel the work done necessary to build, repair, and maintain such public roads up to the standard so prescribed.

(b) On the application of one or more citizens of any county against the county board of commissioners where by law supervision and jurisdiction is vested in such commissioners over the public roads of such counties and the overseers of the public roads complained of; or against the judge of the probate court where by law supervision, control, and jurisdiction over such public roads is vested in the judge and the overseers of the public roads that may be complained of; or against either, both, or all of the named parties, as the facts and methods of working the public roads in the respective counties may justify, which application or action for mandamus shall show that one or more of the public roads of the county of the plaintiff's residence are out of repair; do not measure up to the standards and do not conform to the legal requirements as prescribed by law; and are in such condition that ordinary loads, with ordinary ease, cannot be hauled over such public roads, the judges of the superior courts are authorized and given jurisdiction and it is made their duty, upon such showing being made, to issue the writ of mandamus against the parties having charge of and supervision over the public roads of the county; and to compel by such proceedings the building, repairing, and working of the public roads as are complained of, up to the standard required by law, so that ordinary loads, with ordinary ease and facility, can be continuously hauled over such public roads. The judges of the superior courts shall, by proper order, in the same proceedings compel the work done necessary to build, repair, and maintain such public roads up to the standard so prescribed.
O.C.G.A. § 9-10-4 — GA Code / Title 9 / Chapter 10 / Section 9-10-4
Georgia Code Title 9. Civil Practice § 9-10-4
Status: in_force

All collateral issues in the superior, state, or city courts, unless otherwise directed by law, shall be tried by jury.
O.C.G.A. § 9-11-22 — GA Code / Title 9 / Chapter 11 / Section 9-11-22
Georgia Code Title 9. Civil Practice § 9-11-22
Status: in_force

(a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. This Code section supplements and does not in any way limit the joinder of parties permitted in Code Section 9-11-20 .

(a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. This Code section supplements and does not in any way limit the joinder of parties permitted in Code Section 9-11-20 .

(b) The remedy provided in this Code section is in addition to and in no way supersedes or limits the remedy of equitable interpleader provided for in Code Sections 23-3-90 through 23-3-92 .

(b) The remedy provided in this Code section is in addition to and in no way supersedes or limits the remedy of equitable interpleader provided for in Code Sections 23-3-90 through 23-3-92 .
O.C.G.A. § 9-11-40 — GA Code / Title 9 / Chapter 11 / Section 9-11-40
Georgia Code Title 9. Civil Practice § 9-11-40
Status: in_force

(a) Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (f)(1)(C) of Code Section 9-11-4 , and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice.

(a) Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (f)(1)(C) of Code Section 9-11-4 , and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice.

(b) Trial in chambers. The judges of any courts of record may, on reasonable notice to the parties, at any time and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment any matter or issue where a jury trial is not required or has been waived. However, nothing in this subsection shall authorize the trial of any divorce case by consent or otherwise until after the last day upon which defensive pleadings were required by law to be filed therein.

(b) Trial in chambers. The judges of any courts of record may, on reasonable notice to the parties, at any time and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment any matter or issue where a jury trial is not required or has been waived. However, nothing in this subsection shall authorize the trial of any divorce case by consent or otherwise until after the last day upon which defensive pleadings were required by law to be filed therein.

(c) Assignment of cases for trial. The courts shall provide for the placing of actions upon the trial calendar: (1) Without request of the parties but upon notice to the parties; or (2) Upon request of a party and notice to the other parties. Except for cause, cases shall be placed upon the calendar in chronological order in accordance with filing dates. Precedence shall be given to actions entitled thereto by any statute.

(c) Assignment of cases for trial. The courts shall provide for the placing of actions upon the trial calendar:

(1) Without request of the parties but upon notice to the parties; or

(1) Without request of the parties but upon notice to the parties; or

(2) Upon request of a party and notice to the other parties.

(2) Upon request of a party and notice to the other parties.

Except for cause, cases shall be placed upon the calendar in chronological order in accordance with filing dates. Precedence shall be given to actions entitled thereto by any statute.
O.C.G.A. § 9-8-1 — GA Code / Title 9 / Chapter 8 / Section 9-8-1
Georgia Code Title 9. Civil Practice § 9-8-1
Status: in_force

When any fund or property is in litigation and the rights of either or both parties cannot otherwise be fully protected or when there is a fund or property having no one to manage it, a receiver of the same may be appointed by the judge of the superior court having jurisdiction thereof.
O.C.G.A. § 9-11-46 — GA Code / Title 9 / Chapter 11 / Section 9-11-46
Georgia Code Title 9. Civil Practice § 9-11-46
Status: in_force

(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 he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.

(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 he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.

(b) When motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the court.

(b) When motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the court.
O.C.G.A. § 9-13-6 — GA Code / Title 9 / Chapter 13 / Section 9-13-6
Georgia Code Title 9. Civil Practice § 9-13-6
Status: in_force

Where a judgment has been amended by order of the court in conformity to the verdict upon which it is predicated and execution has previously issued thereon, the clerk of the court in which the judgment was rendered shall have power to amend the execution at any time so as to make it conform to the amended judgment; and such amendment shall not cause any levy on the execution to fall.
O.C.G.A. § 9-4-2 — GA Code / Title 9 / Chapter 4 / Section 9-4-2
Georgia Code Title 9. Civil Practice § 9-4-2
Status: in_force

(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 declaration, whether or not further relief is or could be prayed; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

(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 declaration, whether or not further relief is or could be prayed; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

(b) In addition to the cases specified in subsection (a) of this Code section, 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 the declaration, whether or not further relief is or could be prayed, in any civil case in which it appears to the court that the ends of justice require that the declaration should be made; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

(b) In addition to the cases specified in subsection (a) of this Code section, 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 the declaration, whether or not further relief is or could be prayed, in any civil case in which it appears to the court that the ends of justice require that the declaration should be made; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

(c) Relief by declaratory judgment shall be available, notwithstanding the fact that the complaining party has any other adequate legal or equitable remedy or remedies.

(c) Relief by declaratory judgment shall be available, notwithstanding the fact that the complaining party has any other adequate legal or equitable remedy or remedies.
O.C.G.A. § 9-4-1 — GA Code / Title 9 / Chapter 4 / Section 9-4-1
Georgia Code Title 9. Civil Practice § 9-4-1
Status: in_force

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.
O.C.G.A. § 9-9-26 — GA Code / Title 9 / Chapter 9 / Section 9-9-26
Georgia Code Title 9. Civil Practice § 9-9-26
Status: in_force

In matters governed by this part, no court shall intervene except where provided in this part. If the controversy is within the scope of this part, the arbitration agreement shall be enforced by the courts of this state in accordance with this part without regard to the justiciable character of the controversy.
O.C.G.A. § 9-10-93 — GA Code / Title 9 / Chapter 10 / Section 9-10-93
Georgia Code Title 9. Civil Practice § 9-10-93
Status: in_force

Venue in cases under this article shall lie in any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located. Where an action is brought against a resident of this state, any nonresident of this state who is involved in the same transaction or occurrence and who is suable under the provisions of this article may be joined as a defendant in the county where a resident defendant is suable. Under such circumstances, jurisdiction and venue of the court of and over such nonresident defendant shall not be affected or lost if at trial a verdict or judgment is returned in favor of such resident defendant. If such resident defendant is dismissed from the action prior to commencement of the trial, the action against the nonresident defendant shall not abate but shall be transferred to a court in a county where venue is proper.
O.C.G.A. § 9-12-14 — GA Code / Title 9 / Chapter 12 / Section 9-12-14
Georgia Code Title 9. Civil Practice § 9-12-14
Status: in_force

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.
O.C.G.A. § 9-4-4 — GA Code / Title 9 / Chapter 4 / Section 9-4-4
Georgia Code Title 9. Civil Practice § 9-4-4
Status: in_force

(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, heir, next of kin, or beneficiary in the administration of a trust or of the estate of a decedent, a minor, a ward, an incapacitated person, a protected person, a person who is otherwise legally incompetent because of mental illness or intellectual disability, or an insolvent may have a declaration of rights or legal relations in respect thereto and a declaratory judgment: (1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, beneficiaries, or others; (2) To direct the executor, administrator, trustee, or other fiduciary to do or abstain from doing any particular act in his or her fiduciary capacity; (3) To determine title to property in which the trust or estate has or is purported to have an ownership or other interest; or (4) To determine any question arising in the administration of the estate or trust, including questions of construction of wills, trust instruments, and other writings.

(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, heir, next of kin, or beneficiary in the administration of a trust or of the estate of a decedent, a minor, a ward, an incapacitated person, a protected person, a person who is otherwise legally incompetent because of mental illness or intellectual disability, or an insolvent may have a declaration of rights or legal relations in respect thereto and a declaratory judgment:

(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, beneficiaries, or others;

(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, beneficiaries, or others;

(2) To direct the executor, administrator, trustee, or other fiduciary to do or abstain from doing any particular act in his or her fiduciary capacity;

(2) To direct the executor, administrator, trustee, or other fiduciary to do or abstain from doing any particular act in his or her fiduciary capacity;

(3) To determine title to property in which the trust or estate has or is purported to have an ownership or other interest; or

(3) To determine title to property in which the trust or estate has or is purported to have an ownership or other interest; or

(4) To determine any question arising in the administration of the estate or trust, including questions of construction of wills, trust instruments, and other writings.

(4) To determine any question arising in the administration of the estate or trust, including questions of construction of wills, trust instruments, and other writings.

(b) The enumeration in subsection (a) of this Code section does not limit or restrict the exercise of general powers conferred in Code Section 9-4-2 in any proceeding covered thereby where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove the uncertainty.

(b) The enumeration in subsection (a) of this Code section does not limit or restrict the exercise of general powers conferred in Code Section 9-4-2 in any proceeding covered thereby where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove the uncertainty.
O.C.G.A. § 9-2-43 — GA Code / Title 9 / Chapter 2 / Section 9-2-43
Georgia Code Title 9. Civil Practice § 9-2-43
Status: in_force

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.
O.C.G.A. § 9-12-130 — GA Code / Title 9 / Chapter 12 / Section 9-12-130
Georgia Code Title 9. Civil Practice § 9-12-130
Status: in_force

This article may be cited as the “Uniform Enforcement of Foreign Judgments Law.”
O.C.G.A. § 9-10-162 — GA Code / Title 9 / Chapter 10 / Section 9-10-162
Georgia Code Title 9. Civil Practice § 9-10-162
Status: in_force

When any case is sent back for trial by the Supreme Court or the Court of Appeals, the same shall be in order for trial; and, if the continuances of a party are exhausted, the trial court may grant one continuance to the party as the ends of justice may require.
O.C.G.A. § 9-11-10 — GA Code / Title 9 / Chapter 11 / Section 9-11-10
Georgia Code Title 9. Civil Practice § 9-11-10
Status: in_force

(a) Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court and county, the title of the action, the file number, and a designation as in subsection (a) of Code Section 9-11-7 . In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. A party whose name is not known may be designated by any name; and, when his true name is discovered, the pleading may be amended accordingly.

(a) Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court and county, the title of the action, the file number, and a designation as in subsection (a) of Code Section 9-11-7 . In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. A party whose name is not known may be designated by any name; and, when his true name is discovered, the pleading may be amended accordingly.

(b) Paragraphs; separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(b) Paragraphs; separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(c) Adoption by reference; exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.

(c) Adoption by reference; exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
O.C.G.A. § 9-10-163 — GA Code / Title 9 / Chapter 10 / Section 9-10-163
Georgia Code Title 9. Civil Practice § 9-10-163
Status: in_force

No appeal case shall be continued more than twice by the same party, except for providential cause, for which it may be continued as often as justice may require.
O.C.G.A. § 9-12-42 — GA Code / Title 9 / Chapter 12 / Section 9-12-42
Georgia Code Title 9. Civil Practice § 9-12-42
Status: in_force

Where the merits were not and could not have been in question, a former recovery on purely technical grounds shall not be a bar to a subsequent action brought so as to avoid the objection fatal to the first. For a former judgment to be a bar to subsequent action, the merits of the case must have been adjudicated.
O.C.G.A. § 9-3-92 — GA Code / Title 9 / Chapter 3 / Section 9-3-92
Georgia Code Title 9. Civil Practice § 9-3-92
Status: in_force

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 action, provided that such time shall not exceed five years. At the expiration of the five years the limitation shall commence, even if the cause of action accrued after the person's death.
O.C.G.A. § 9-12-13 — GA Code / Title 9 / Chapter 12 / Section 9-12-13
Georgia Code Title 9. Civil Practice § 9-12-13
Status: in_force

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.
O.C.G.A. § 9-10-181 — GA Code / Title 9 / Chapter 10 / Section 9-10-181
Georgia Code Title 9. Civil Practice § 9-10-181
Status: in_force

If counsel on either side, before argument begins, applies to the court for extension of the time prescribed for argument and states in his place or on oath, in the discretion of the court, that he or they cannot do the case justice within the time prescribed and that it will require for that purpose additional time, stating how much additional time will be necessary, the court shall grant such extension of time as may seem reasonable and proper.
O.C.G.A. § 9-5-3 — GA Code / Title 9 / Chapter 5 / Section 9-5-3
Georgia Code Title 9. Civil Practice § 9-5-3
Status: in_force

(a) Equity will not enjoin the proceedings and processes of a court of law, absent some intervening equity or other proper defense of which a party, without fault on his part, cannot avail himself at law.

(a) Equity will not enjoin the proceedings and processes of a court of law, absent some intervening equity or other proper defense of which a party, without fault on his part, cannot avail himself at law.

(b) Writs of injunction may be issued by judges of the superior courts to enjoin sales by sheriffs, at any time before a sale takes place, in any proper case made by application for injunction.

(b) Writs of injunction may be issued by judges of the superior courts to enjoin sales by sheriffs, at any time before a sale takes place, in any proper case made by application for injunction.
O.C.G.A. § 9-11-104 — GA Code / Title 9 / Chapter 11 / Section 9-11-104
Georgia Code Title 9. Civil Practice § 9-11-104
Status: in_force

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

)

Plaintiff

)

)

)

v.

)

Civil action

)

File no. _____

C.D.,

)

(Clerk will insert

Defendant

)

number.)

COMPLAINT

The defendant C.D., herein named, is a resident of _____ (street), _____ (city), _____ County, Georgia, and is subject to the jurisdiction of this court.

Defendant owes plaintiff $10,000.00 according to the account hereto annexed as Exhibit A.

Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).

_________________________________________________

Attorney for plaintiff

_________________________________________________

Address
O.C.G.A. § 9-10-203 — GA Code / Title 9 / Chapter 10 / Section 9-10-203
Georgia Code Title 9. Civil Practice § 9-10-203
Status: in_force

The form of an action for a breach of warranty in a deed may be as follows:

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

Plaintiff

)

Civil action

)

File no. __________

v.

)

(Clerk will insert

)

number.)

C.D.,

)

Defendant

)

COMPLAINT

The defendant herein named is a resident of _____ (street), _____ (city), _____ County, Georgia, and is subject to the jurisdiction of this court.

1.

On the _____ day of _____, _____, defendant C.D. executed to plaintiff a warranty deed to a certain tract of land (here describe the land), for the sum of $_____, paid by plaintiff to defendant C.D.

2.

Plaintiff has been evicted from said lot of land and defendant refuses to indemnify plaintiff from his damages in that behalf.

3.

Because of said eviction, plaintiff has suffered damages in the amount of $_____, for which defendant is indebted to plaintiff.

Wherefore, plaintiff demands judgment against defendant (here list the relief prayed for).

_________________________________________________

Attorney for plaintiff

_________________________________________________

Address
O.C.G.A. § 9-11-52 — GA Code / Title 9 / Chapter 11 / Section 9-11-52
Georgia Code Title 9. Civil Practice § 9-11-52
Status: in_force

(a) In ruling on interlocutory injunctions and in all nonjury trials in courts of record, the court shall upon request of any party made prior to such ruling, find the facts specially and shall state separately its conclusions of law. If an opinion or memorandum of decision is filed, it will be sufficient if the findings and conclusions appear therein. Findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.

(a) In ruling on interlocutory injunctions and in all nonjury trials in courts of record, the court shall upon request of any party made prior to such ruling, find the facts specially and shall state separately its conclusions of law. If an opinion or memorandum of decision is filed, it will be sufficient if the findings and conclusions appear therein. Findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.

(b) This Code section shall not apply to actions involving uncontested divorce, alimony, and custody of minors, nor to motions except as provided in subsection (b) of Code Section 9-11-41 . The requirements of subsection (a) of this Code section may be waived in writing or on the record by the parties.

(b) This Code section shall not apply to actions involving uncontested divorce, alimony, and custody of minors, nor to motions except as provided in subsection (b) of Code Section 9-11-41 . The requirements of subsection (a) of this Code section may be waived in writing or on the record by the parties.

(c) Upon motion made not later than 20 days after entry of judgment, the court may make or amend its findings or make additional findings and may amend the judgment accordingly. If the motion is made with a motion for new trial, both motions shall be made within 20 days after entry of judgment. The question of the sufficiency of the evidence to support the findings may be raised on appeal whether or not the party raising the question has made in the trial court an objection to findings or a motion for judgment. When findings or conclusions are not made prior to judgment to the extent necessary for review, failure of the losing party to move therefor after judgment shall constitute a waiver of any ground of appeal which requires consideration thereof.

(c) Upon motion made not later than 20 days after entry of judgment, the court may make or amend its findings or make additional findings and may amend the judgment accordingly. If the motion is made with a motion for new trial, both motions shall be made within 20 days after entry of judgment. The question of the sufficiency of the evidence to support the findings may be raised on appeal whether or not the party raising the question has made in the trial court an objection to findings or a motion for judgment. When findings or conclusions are not made prior to judgment to the extent necessary for review, failure of the losing party to move therefor after judgment shall constitute a waiver of any ground of appeal which requires consideration thereof.
O.C.G.A. § 9-3-23 — GA Code / Title 9 / Chapter 3 / Section 9-3-23
Georgia Code Title 9. Civil Practice § 9-3-23
Status: in_force

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.
O.C.G.A. § 9-3-112 — GA Code / Title 9 / Chapter 3 / Section 9-3-112
Georgia Code Title 9. Civil Practice § 9-3-112
Status: in_force

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.
O.C.G.A. § 9-13-95 — GA Code / Title 9 / Chapter 13 / Section 9-13-95
Georgia Code Title 9. Civil Practice § 9-13-95
Status: in_force

One of several partners or persons jointly interested may make the affidavit and execute the bond in the name of the firm or persons jointly interested, who shall be bound thereby as though each individual had signed it himself.
O.C.G.A. § 9-9-70 — GA Code / Title 9 / Chapter 9 / Section 9-9-70
Georgia Code Title 9. Civil Practice § 9-9-70
Status: in_force

When, upon the meeting of the arbitrators, either party is not ready for trial, the referee may postpone the hearing of the case to a future day, which day shall be as early as may be consistent with the ends of justice, considering all the circumstances of the case. If one party is not ready for trial at the time appointed for the hearing of the case and the party has previously required two or more postponements of the trial, the referee shall determine whether the arbitration panel shall nonetheless hear the case or whether another postponement shall be granted, the determination to be consistent with the ends of justice, considering all the circumstances of the case.
O.C.G.A. § 9-3-111 — GA Code / Title 9 / Chapter 3 / Section 9-3-111
Georgia Code Title 9. Civil Practice § 9-3-111
Status: in_force

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 charged therewith, or by someone duly authorized by him.
O.C.G.A. § 9-7-17 — GA Code / Title 9 / Chapter 7 / Section 9-7-17
Georgia Code Title 9. Civil Practice § 9-7-17
Status: in_force

In all law cases where an auditor is appointed, exceptions of fact to his report shall be passed upon by the jury as in other issues of fact, and in equity cases by the jury when approved by the judge. The burden of proving error in the report of the auditor shall be upon the party making the exceptions, who shall have the right to open and conclude the argument. In all cases where both parties file exceptions of fact, the party against whom judgment would be rendered if the report were approved shall be entitled to open and conclude the argument.
O.C.G.A. § 9-11-119 — GA Code / Title 9 / Chapter 11 / Section 9-11-119
Georgia Code Title 9. Civil Practice § 9-11-119
Status: in_force

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

Plaintiff

)

)

Civil action

v.

)

File no. __________

)

C.D.,

)

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 be granted.

2.

(Additional defenses under subsection (b) of Code Section 9-11-12 .)

_________________________________________________

Attorney for defendant

_________________________________________________

Address

NOTICE OF MOTION

To: ______________________________

Attorney for plaintiff

Please take notice that the undersigned will bring the above motion on for hearing before this court at _____, on the _____ day of _____, _____, at _____: __________.M. or as soon thereafter as counsel can be heard.

_________________________________________________

Attorney for defendant

_________________________________________________

Address
O.C.G.A. § 9-2-44 — GA Code / Title 9 / Chapter 2 / Section 9-2-44
Georgia Code Title 9. Civil Practice § 9-2-44
Status: in_force

(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, the pendency of a former action shall not abate the latter.

(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, the pendency of a former action shall not abate the latter.

(b) Parol evidence shall be admissible to show that a matter apparently covered by the judgment was not passed upon by the court.

(b) Parol evidence shall be admissible to show that a matter apparently covered by the judgment was not passed upon by the court.
O.C.G.A. § 9-12-63 — GA Code / Title 9 / Chapter 12 / Section 9-12-63
Georgia Code Title 9. Civil Practice § 9-12-63
Status: in_force

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 make out copies thereof. An original and a copy shall issue for each county in which any party to be notified resides. A copy shall be served by the sheriff of the county in which the party to be notified resides 20 days before the sitting of the court to which the scire facias is made returnable and the original shall be returned to the clerk of the court from which it issued.
O.C.G.A. § 9-9-23 — GA Code / Title 9 / Chapter 9 / Section 9-9-23
Georgia Code Title 9. Civil Practice § 9-9-23
Status: in_force

(a) In the interpretation of this part, regard shall be given to its international origin and to the need to promote uniformity in its application and the observance of good faith.

(a) In the interpretation of this part, regard shall be given to its international origin and to the need to promote uniformity in its application and the observance of good faith.

(b) Questions concerning matters governed by this part which are not expressly settled in it are to be settled in conformity with the general principles on which this part is based.

(b) Questions concerning matters governed by this part which are not expressly settled in it are to be settled in conformity with the general principles on which this part is based.
O.C.G.A. § 9-11-29 — GA Code / Title 9 / Chapter 11 / Section 9-11-29
Georgia Code Title 9. Civil Practice § 9-11-29
Status: in_force

Unless the court orders otherwise, the parties may, by written stipulation:

(1) Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions; and

(1) Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions; and

(2) Modify the procedures provided by this chapter for other methods of discovery.

(2) Modify the procedures provided by this chapter for other methods of discovery.
O.C.G.A. § 9-11-109 — GA Code / Title 9 / Chapter 11 / Section 9-11-109
Georgia Code Title 9. Civil Practice § 9-11-109
Status: in_force

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

)

Plaintiff

)

)

)

v.

)

Civil action

)

File no. _____

C.D.,

)

(Clerk will insert

Defendant

)

number.)

COMPLAINT

The defendant C.D., herein named, is a resident of _____ (street), _____ (city), _____ County, Georgia, and is subject to the jurisdiction of this court.

1.

On June 1, 1966, on a public highway called Broad Street in Athens, Georgia, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway.

2.

As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of $1,000.00.

Wherefore, plaintiff demands judgment against defendant in the sum of $10,000.00 and costs.

_________________________________________________

Attorney for plaintiff

_________________________________________________

Address
O.C.G.A. § 9-9-16 — GA Code / Title 9 / Chapter 9 / Section 9-9-16
Georgia Code Title 9. Civil Practice § 9-9-16
Status: in_force

Any judgment or any order considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5.
O.C.G.A. § 9-12-41 — GA Code / Title 9 / Chapter 12 / Section 9-12-41
Georgia Code Title 9. Civil Practice § 9-12-41
Status: in_force

A judgment in rem is conclusive upon everyone.
O.C.G.A. § 9-11-47 — GA Code / Title 9 / Chapter 11 / Section 9-11-47
Georgia Code Title 9. Civil Practice § 9-11-47
Status: in_force

(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.

(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. Alternate jurors in the order in which they are called shall replace jurors who become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors. An alternate juror who does not replace a principal juror may be discharged. However, if the court deems it advisable, it may direct that one or more of the alternate jurors be kept in the custody of one or more court officers, separate and apart from the regular jurors, until the jury has agreed upon a verdict. If one or two alternate jurors are called, each party is entitled to one peremptory challenge in addition to those otherwise allowed by law. The additional peremptory challenge may be used only against an alternate juror, and the other peremptory challenges allowed by law shall not be used against the alternates.

(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. Alternate jurors in the order in which they are called shall replace jurors who become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors. An alternate juror who does not replace a principal juror may be discharged. However, if the court deems it advisable, it may direct that one or more of the alternate jurors be kept in the custody of one or more court officers, separate and apart from the regular jurors, until the jury has agreed upon a verdict. If one or two alternate jurors are called, each party is entitled to one peremptory challenge in addition to those otherwise allowed by law. The additional peremptory challenge may be used only against an alternate juror, and the other peremptory challenges allowed by law shall not be used against the alternates.
O.C.G.A. § 9-3-2 — GA Code / Title 9 / Chapter 3 / Section 9-3-2
Georgia Code Title 9. Civil Practice § 9-3-2
Status: in_force

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 statutes of limitation governing other executions.
O.C.G.A. § 9-3-115 — GA Code / Title 9 / Chapter 3 / Section 9-3-115
Georgia Code Title 9. Civil Practice § 9-3-115
Status: in_force

After the dissolution of a partnership, a new promise by one partner shall revive or extend a partnership debt only as to the promisor and not as to his copartner or copartners.
O.C.G.A. § 9-7-8 — GA Code / Title 9 / Chapter 7 / Section 9-7-8
Georgia Code Title 9. Civil Practice § 9-7-8
Status: in_force

After hearing the evidence and argument, the auditor shall file the evidence and a report in which he shall clearly and separately state all rulings made by him, classify and state his findings, and report his conclusions upon the law and facts.
O.C.G.A. § 9-3-6 — GA Code / Title 9 / Chapter 3 / Section 9-3-6
Georgia Code Title 9. Civil Practice § 9-3-6
Status: in_force

The statute of limitations applies to the subject matter of setoff as well as to the plaintiff's demand.
O.C.G.A. § 9-13-160 — GA Code / Title 9 / Chapter 13 / Section 9-13-160
Georgia Code Title 9. Civil Practice § 9-13-160
Status: in_force

(a) For the purposes of this Code section, the term “public sale” means any sale, the notice of which must by law in any manner be given to the public.

(a) For the purposes of this Code section, the term “public sale” means any sale, the notice of which must by law in any manner be given to the public.

(b) All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the date fixed for the sale.

(b) All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the date fixed for the sale.
O.C.G.A. § 9-11-123 — GA Code / Title 9 / Chapter 11 / Section 9-11-123
Georgia Code Title 9. Civil Practice § 9-11-123
Status: in_force

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

Plaintiff

)

v.

)

Civil action

C.D.,

)

File no. _____

Defendant

)

E.F.,

)

Applicant for

)

Intervention

)

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 forth in his proposed answer, of which a copy is hereto attached, on the ground that _____.

_________________________________________________

Attorney for E.F., applicant

for intervention

_________________________________________________

Address

NOTICE OF MOTION

(Contents the same as in Code Section 9-11-119)

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

Plaintiff

)

v.

)

Civil action

C.D.,

)

File no. _____

Defendant

)

E.F.,

)

Intervenor

)

INTERVENOR'S ANSWER

First Defense

Intervenor admits the allegations stated in paragraphs 1 and 4 of the complaint, denies the allegations in paragraph 3, and denies the allegations in paragraph 2 insofar as they assert the _____.

Second Defense

(Set forth defenses)

_________________________________________________

Attorney

for E.F., intervenor

_________________________________________________

Address

(Like form if intervention is as plaintiff).
O.C.G.A. § 9-12-12 — GA Code / Title 9 / Chapter 12 / Section 9-12-12
Georgia Code Title 9. Civil Practice § 9-12-12
Status: in_force

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.
O.C.G.A. § 9-11-67 — GA Code / Title 9 / Chapter 11 / Section 9-11-67
Georgia Code Title 9. Civil Practice § 9-11-67
Status: in_force

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 held by the clerk of the court, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court, upon posting of sufficient security. Where the thing deposited is money, interest thereupon shall abate.
O.C.G.A. § 9-9-77 — GA Code / Title 9 / Chapter 9 / Section 9-9-77
Georgia Code Title 9. Civil Practice § 9-9-77
Status: in_force

The referee shall have power to administer oaths to witnesses and to administer all other oaths that may be necessary for carrying this article into full effect.
O.C.G.A. § 9-10-184 — GA Code / Title 9 / Chapter 10 / Section 9-10-184
Georgia Code Title 9. Civil Practice § 9-10-184
Status: in_force

In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, however, that any such argument shall conform to the evidence or reasonable deductions from the evidence in the case.
O.C.G.A. § 9-9-50 — GA Code / Title 9 / Chapter 9 / Section 9-9-50
Georgia Code Title 9. Civil Practice § 9-9-50
Status: in_force

(a) The arbitration tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.

(a) The arbitration tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.

(b) Failing any designation by the parties, the arbitration tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.

(b) Failing any designation by the parties, the arbitration tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.

(c) The arbitration tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.

(c) The arbitration tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.

(d) In all cases, the arbitration tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.

(d) In all cases, the arbitration tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
O.C.G.A. § 9-10-11 — GA Code / Title 9 / Chapter 10 / Section 9-10-11
Georgia Code Title 9. Civil Practice § 9-10-11
Status: in_force

(a) No judgment decreeing the forfeiture of any appearance bond shall be rendered: (1) If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or (2) If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal's detention.

(a) No judgment decreeing the forfeiture of any appearance bond shall be rendered:

(1) If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or

(1) If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or

(2) If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal's detention.

(2) If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal's detention.

(b) If adequate proof is furnished within 60 days of the forfeiture of an appearance bond that the principal failed to appear on the date of forfeiture for one of the reasons set forth in subsection (a) of this Code section, the forfeiture shall be set aside.

(b) If adequate proof is furnished within 60 days of the forfeiture of an appearance bond that the principal failed to appear on the date of forfeiture for one of the reasons set forth in subsection (a) of this Code section, the forfeiture shall be set aside.
O.C.G.A. § 9-11-114 — GA Code / Title 9 / Chapter 11 / Section 9-11-114
Georgia Code Title 9. Civil Practice § 9-11-114
Status: in_force

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

)

Plaintiff

)

)

)

v.

)

Civil action

)

File no. _____

C.D.,

)

(Clerk will insert

Defendant

)

number.)

COMPLAINT

The defendant C.D., herein named, is a resident of _____ (street), _____ (city), _____ County, Georgia, and is subject to the jurisdiction of this court.

1.

During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at _____ and known as Tunnel No. _____.

2.

On or about June 1, 1966, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.

3.

In the course of thus repairing and enlarging the tunnel on said day, defendant employed plaintiff as one of its workmen and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.

4.

By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to the defendant's orders, struck and crushed by a rock which fell from the unsupported portion of the tunnel and was (here describe plaintiff's injuries).

5.

Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning $_____ per day. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of $_____ for medicine, medical attendance, and hospitalization.

Wherefore, plaintiff demands judgment against defendant in the sum of $_____ and costs.

_________________________________________________

Attorney for plaintiff

_________________________________________________

Address
O.C.G.A. § 9-12-119 — GA Code / Title 9 / Chapter 12 / Section 9-12-119
Georgia Code Title 9. Civil Practice § 9-12-119
Status: in_force

This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
O.C.G.A. § 9-2-26 — GA Code / Title 9 / Chapter 2 / Section 9-2-26
Georgia Code Title 9. Civil Practice § 9-2-26
Status: in_force

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 plaintiff may proceed to judgment and execution against the defendants served with process in the same manner as if they were the sole defendants. If any of the defendants die pending the action, his representative may be made a party and the case may proceed to judgment and execution as in other cases against the representatives of deceased persons.
O.C.G.A. § 9-11-60 — GA Code / Title 9 / Chapter 11 / Section 9-11-60
Georgia Code Title 9. Civil Practice § 9-11-60
Status: in_force

(a) Collateral attack. A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section.

(a) Collateral attack. A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section.

(b) Methods of direct attack. A judgment may be attacked by motion for a new trial or motion to set aside. Judgments may be attacked by motion only in the court of rendition.

(b) Methods of direct attack. A judgment may be attacked by motion for a new trial or motion to set aside. Judgments may be attacked by motion only in the court of rendition.

(c) Motion for new trial. A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings.

(c) Motion for new trial. A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings.

(d) Motion to set aside. A motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.

(d) Motion to set aside. A motion to set aside may be brought to set aside a judgment based upon:

(1) Lack of jurisdiction over the person or the subject matter;

(1) Lack of jurisdiction over the person or the subject matter;

(2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or

(2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or

(3) A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.

(3) A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.

(e) Complaint in equity. The use of a complaint in equity to set aside a judgment is prohibited.

(e) Complaint in equity. The use of a complaint in equity to set aside a judgment is prohibited.

(f) Procedure; time of relief. Reasonable notice shall be afforded the parties on all motions. Motions to set aside judgments may be served by any means by which an original complaint may be legally served if it cannot be legally served as any other motion. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must be brought within the time prescribed by law. In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of.

(f) Procedure; time of relief. Reasonable notice shall be afforded the parties on all motions. Motions to set aside judgments may be served by any means by which an original complaint may be legally served if it cannot be legally served as any other motion. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must be brought within the time prescribed by law. In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of.

(g) Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

(g) Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

(h) Law of the case rule. The law of the case rule is abolished; but generally judgments and orders shall not be set aside or modified without just cause and, in setting aside or otherwise modifying judgments and orders, the court shall consider whether rights have vested thereunder and whether or not innocent parties would be injured thereby; provided, however, that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be.

(h) Law of the case rule. The law of the case rule is abolished; but generally judgments and orders shall not be set aside or modified without just cause and, in setting aside or otherwise modifying judgments and orders, the court shall consider whether rights have vested thereunder and whether or not innocent parties would be injured thereby; provided, however, that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be.
O.C.G.A. § 9-3-97 — GA Code / Title 9 / Chapter 3 / Section 9-3-97
Georgia Code Title 9. Civil Practice § 9-3-97
Status: in_force

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, up to and including the last day upon which the answer or other defensive pleadings should have been filed, to commence the prosecution and enforcement of rights by way of counterclaim and cross-claim, provided that the final date allowed by such limitations for the commencement of such actions shall not have expired prior to filing of the main action.
O.C.G.A. § 9-13-92 — GA Code / Title 9 / Chapter 13 / Section 9-13-92
Georgia Code Title 9. Civil Practice § 9-13-92
Status: in_force

In all claim cases where claimants are unable to give bond and security as required in this article, the claimants may file, in addition to the oath required in Code Section 9-13-90 , an affidavit as follows:

“I, A.B., do swear that I do not interpose this claim for delay only; that I bona fide claim the right and title to the same; that I am advised and believe that the claim will be sustained; and that because of my indigence I am unable to give bond and security as required by law.”

When the affidavit has been made and delivered to the levying officer, it shall suspend the sale in the same manner as if bond and security had been given.
O.C.G.A. § 9-10-135 — GA Code / Title 9 / Chapter 10 / Section 9-10-135
Georgia Code Title 9. Civil Practice § 9-10-135
Status: in_force

Either party who amends or attempts to amend his complaint or other pleadings in response to an order or other ruling of the court shall not be held to have waived his objection to the order or ruling but may thereafter take exception thereto as in other cases.
O.C.G.A. § 9-13-94 — GA Code / Title 9 / Chapter 13 / Section 9-13-94
Georgia Code Title 9. Civil Practice § 9-13-94
Status: in_force

(a) In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value of the property levied on to be estimated by the levying officer, for the delivery of the property at the time and place of sale, provided the property so levied upon shall be found subject to the execution. However, it shall not be lawful to require or take a forthcoming bond for real estate.

(a) In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value of the property levied on to be estimated by the levying officer, for the delivery of the property at the time and place of sale, provided the property so levied upon shall be found subject to the execution. However, it shall not be lawful to require or take a forthcoming bond for real estate.

(b) When bond and security have been given as provided in this Code section, it shall be the duty of the sheriff or other levying officer to leave the property in the possession of the claimant. In the event that the claimant or his security fails to deliver the property after it has been found to be subject to execution, the bond shall be made recoverable in any court having cognizance of the same.

(b) When bond and security have been given as provided in this Code section, it shall be the duty of the sheriff or other levying officer to leave the property in the possession of the claimant. In the event that the claimant or his security fails to deliver the property after it has been found to be subject to execution, the bond shall be made recoverable in any court having cognizance of the same.
O.C.G.A. § 9-13-161-1 — GA Code / Title 9 / Chapter 13 / Section 9-13-161-1
Georgia Code Title 9. Civil Practice § 9-13-161.1
Status: in_force

(a) In any county of this state having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the chief judge of the superior court shall be authorized and empowered to provide, by general order published in the official newspaper of the county and also in two other newspapers having general circulation in such county and entered upon the minutes of the court, that all sales of personal property by the sheriff of such county may be held at a place other than at the courthouse where, in the opinion of the chief judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets.

(a) In any county of this state having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the chief judge of the superior court shall be authorized and empowered to provide, by general order published in the official newspaper of the county and also in two other newspapers having general circulation in such county and entered upon the minutes of the court, that all sales of personal property by the sheriff of such county may be held at a place other than at the courthouse where, in the opinion of the chief judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets.

(b) No such property shall be sold at a place different from that shown in the advertisement of the sale.

(b) No such property shall be sold at a place different from that shown in the advertisement of the sale.

(c) After the issuance of the first general order as provided in subsection (a) of this Code section, the chief judge may from time to time change the place of holding such sales by another general order published as provided in subsection (a) of this Code section.

(c) After the issuance of the first general order as provided in subsection (a) of this Code section, the chief judge may from time to time change the place of holding such sales by another general order published as provided in subsection (a) of this Code section.

(d) This Code section shall be supplemental to other provisions of law, with a view towards efficient and orderly handling of sheriff's sales.

(d) This Code section shall be supplemental to other provisions of law, with a view towards efficient and orderly handling of sheriff's sales.

(e) Nothing in this Code section shall be construed to affect the time, manner, or place of any sale not made by the sheriff but required to be made at the same time, manner, or place as sheriff's sales.

(e) Nothing in this Code section shall be construed to affect the time, manner, or place of any sale not made by the sheriff but required to be made at the same time, manner, or place as sheriff's sales.
O.C.G.A. § 9-12-118 — GA Code / Title 9 / Chapter 12 / Section 9-12-118
Georgia Code Title 9. Civil Practice § 9-12-118
Status: in_force

In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the “Uniform Foreign-Country Money Judgments Recognition Act.”
O.C.G.A. § 9-9-30 — GA Code / Title 9 / Chapter 9 / Section 9-9-30
Georgia Code Title 9. Civil Practice § 9-9-30
Status: in_force

Before or during arbitral proceedings, a party may request from a court an interim measure of protection, and a court may grant such measure, and such request shall not be deemed to be incompatible with an arbitration agreement.
O.C.G.A. § 9-13-8 — GA Code / Title 9 / Chapter 13 / Section 9-13-8
Georgia Code Title 9. Civil Practice § 9-13-8
Status: in_force

(a) When an execution which was regularly issued from a court is lost or destroyed, the judge or justice of the court from which the same was issued may at any time, upon proper application and proof of the facts by the affidavit of the applicant, his agent, or his attorney or by any other satisfactory proof, grant an order for the issuing of an alias execution in lieu of the lost original execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.

(a) When an execution which was regularly issued from a court is lost or destroyed, the judge or justice of the court from which the same was issued may at any time, upon proper application and proof of the facts by the affidavit of the applicant, his agent, or his attorney or by any other satisfactory proof, grant an order for the issuing of an alias execution in lieu of the lost original execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.

(b) When an execution which was regularly issued by an officer of the state as authorized by law is lost or destroyed, the state officer or the successor to the state officer by whom the same was issued may at any time issue an alias execution in lieu of the lost original execution. The alias execution shall be dated the same date as the original execution and the officer shall endorse the word “alias” on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.

(b) When an execution which was regularly issued by an officer of the state as authorized by law is lost or destroyed, the state officer or the successor to the state officer by whom the same was issued may at any time issue an alias execution in lieu of the lost original execution. The alias execution shall be dated the same date as the original execution and the officer shall endorse the word “alias” on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.

(c) When an execution which was regularly issued by an officer of a county or local government as authorized by law is lost or destroyed, the judge of the probate court of the county in which the original execution was issued may issue an alias execution upon the filing by the party having the right to control the original execution of a statement under oath of the loss or destruction of such original execution. The judge shall endorse the word “alias” on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.

(c) When an execution which was regularly issued by an officer of a county or local government as authorized by law is lost or destroyed, the judge of the probate court of the county in which the original execution was issued may issue an alias execution upon the filing by the party having the right to control the original execution of a statement under oath of the loss or destruction of such original execution. The judge shall endorse the word “alias” on the alias execution. The alias execution shall have all the legal force and effect of the lost or destroyed original execution.
O.C.G.A. § 9-14-21 — GA Code / Title 9 / Chapter 14 / Section 9-14-21
Georgia Code Title 9. Civil Practice § 9-14-21
Status: in_force

The judge hearing the return to a writ of habeas corpus may in his discretion award the costs of the proceeding against either party and may order execution to issue therefor by the clerk.
O.C.G.A. § 9-6-20 — GA Code / Title 9 / Chapter 6 / Section 9-6-20
Georgia Code Title 9. Civil Practice § 9-6-20
Status: in_force

All official duties should be faithfully performed, and whenever, from any cause, a defect of legal justice would ensue from a failure to perform or from improper performance, the writ of mandamus may issue to compel a due performance if there is no other specific legal remedy for the legal rights; provided, however, that no writ of mandamus to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.
O.C.G.A. § 9-9-33 — GA Code / Title 9 / Chapter 9 / Section 9-9-33
Georgia Code Title 9. Civil Practice § 9-9-33
Status: in_force

(a) When a person is approached in connection with the possible appointment of such person as an arbitrator, such person shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by the arbitrator.

(a) When a person is approached in connection with the possible appointment of such person as an arbitrator, such person shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by the arbitrator.

(b) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence, or if the arbitrator does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by the party, or in whose appointment the party has participated, only for reasons of which the party becomes aware after the appointment has been made.

(b) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence, or if the arbitrator does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by the party, or in whose appointment the party has participated, only for reasons of which the party becomes aware after the appointment has been made.
O.C.G.A. § 9-16-22 — GA Code / Title 9 / Chapter 16 / Section 9-16-22
Georgia Code Title 9. Civil Practice § 9-16-22
Status: in_force

This chapter shall be liberally construed to effectuate its remedial purposes.
O.C.G.A. § 9-13-97 — GA Code / Title 9 / Chapter 13 / Section 9-13-97
Georgia Code Title 9. Civil Practice § 9-13-97
Status: in_force

In the event the claimant is unable, and the plaintiff neglects or refuses, to give bond for the forthcoming of the property, the claimant may apply to the judge of the probate court and procure an order for the sale of the same; and, when the order has been granted, it shall be the duty of the levying officer to advertise the time and place of sale at not less than three public places, to be selected in different parts of the county in which the sale is to take place, for 15 days immediately preceding the time of sale. On the day of sale, between the hours of 10:00 A.M. and 4:00 P.M., the property shall be sold; and the money arising from the sale shall remain in the hands of the levying officer subject to the order of court upon the final hearing of the claim.
O.C.G.A. § 9-3-26 — GA Code / Title 9 / Chapter 3 / Section 9-3-26
Georgia Code Title 9. Civil Practice § 9-3-26
Status: in_force

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 Title 11.
O.C.G.A. § 9-12-22 — GA Code / Title 9 / Chapter 12 / Section 9-12-22
Georgia Code Title 9. Civil Practice § 9-12-22
Status: in_force

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 plaintiff shall estop him also from denying the transfer. Receipt of the money from the transfer shall be such a ratification.
O.C.G.A. § 9-12-6 — GA Code / Title 9 / Chapter 12 / Section 9-12-6
Georgia Code Title 9. Civil Practice § 9-12-6
Status: in_force

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.
O.C.G.A. § 9-2-30 — GA Code / Title 9 / Chapter 2 / Section 9-2-30
Georgia Code Title 9. Civil Practice § 9-2-30
Status: in_force

When a party plaintiff dies during litigation concerning any chose in action and the chose in action is assigned to the surviving spouse, the surviving spouse and children, or the children only of the decedent as any part of a year's support, the surviving spouse personally or for the use of the surviving spouse and the children, or, in the event of children only, a next friend for the children may be made a party plaintiff upon the same terms and in the same manner that administrators are made parties plaintiff to actions in favor of their intestate, upon the submission by the person to the court of a certified copy of the assignment; and the action shall proceed in the name of the parties so made.
O.C.G.A. § 9-9-38 — GA Code / Title 9 / Chapter 9 / Section 9-9-38
Georgia Code Title 9. Civil Practice § 9-9-38
Status: in_force

(a) Unless otherwise agreed by the parties, the arbitration tribunal may, at the request of a party, grant interim measures as it deems appropriate.

(a) Unless otherwise agreed by the parties, the arbitration tribunal may, at the request of a party, grant interim measures as it deems appropriate.

(b) The arbitration tribunal may modify, suspend, or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitration tribunal's own initiative.

(b) The arbitration tribunal may modify, suspend, or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitration tribunal's own initiative.

(c) The arbitration tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.

(c) The arbitration tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.

(d) The arbitration tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted.

(d) The arbitration tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted.

(e) If a measure ordered under subsection (a) of this Code section proves to have been unjustified from the outset, the party which obtained its enforcement may be obliged to compensate the other party for damage resulting from the enforcement of such measure or from its providing security in order to avoid enforcement. This claim may be put forward in the pending arbitral proceedings.

(e) If a measure ordered under subsection (a) of this Code section proves to have been unjustified from the outset, the party which obtained its enforcement may be obliged to compensate the other party for damage resulting from the enforcement of such measure or from its providing security in order to avoid enforcement. This claim may be put forward in the pending arbitral proceedings.

(f) An interim measure issued by an arbitration tribunal shall be recognized as binding and, unless otherwise provided by the arbitration tribunal, enforced upon application to the competent court, irrespective of the country in which it was issued, subject to the provisions of Code Section 9-9-39 .

(f) An interim measure issued by an arbitration tribunal shall be recognized as binding and, unless otherwise provided by the arbitration tribunal, enforced upon application to the competent court, irrespective of the country in which it was issued, subject to the provisions of Code Section 9-9-39 .

(g) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension, or modification of that interim measure.

(g) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension, or modification of that interim measure.

(h) Where recognition or enforcement of an interim measure is sought in a court of this state, such court may order the requesting party to provide appropriate security if the arbitration tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties.

(h) Where recognition or enforcement of an interim measure is sought in a court of this state, such court may order the requesting party to provide appropriate security if the arbitration tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties.
O.C.G.A. § 9-9-2 — GA Code / Title 9 / Chapter 9 / Section 9-9-2
Georgia Code Title 9. Civil Practice § 9-9-2
Status: in_force

(a) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, applies to agreements specified in subsection (b) of this Code section made between July 1, 1978, and July 1, 1988. This part applies to agreements specified in subsection (b) of this Code section made on or after July 1, 1988, and to disputes arising on or after July 1, 1988, in agreements specified in subsection (c) of this Code section.

(a) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, applies to agreements specified in subsection (b) of this Code section made between July 1, 1978, and July 1, 1988. This part applies to agreements specified in subsection (b) of this Code section made on or after July 1, 1988, and to disputes arising on or after July 1, 1988, in agreements specified in subsection (c) of this Code section.

(b) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, shall apply to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto made between July 1, 1978, and July 1, 1988, and on and after July 1, 1988, this part shall apply as provided in subsection (a) of this Code section and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced.

(b) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, shall apply to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto made between July 1, 1978, and July 1, 1988, and on and after July 1, 1988, this part shall apply as provided in subsection (a) of this Code section and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced.

(c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply: (1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims; (2) Any collective bargaining agreements between employers and labor unions representing employees of such employers; (3) Any contract of insurance, as defined in Code Section 33-1-2 ; provided, however, that nothing in this paragraph shall impair or prohibit the enforcement of or in any way invalidate an arbitration clause or provision in a contract between insurance companies; (4) Any other subject matters currently covered by an arbitration statute; (5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution; (6) Any contract for the purchase of consumer goods, as defined in Title 11, the “Uniform Commercial Code,” under subsection (1) of Code Section 11-2-105 and subsection (a) of Code Section 11-9-102 ; (7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in subsection (a) of Code Section 10-1-392 , relating to definitions in the “Fair Business Practices Act of 1975”; (8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents; (9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; or (10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort.

(c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply:

(1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims;

(1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims;

(2) Any collective bargaining agreements between employers and labor unions representing employees of such employers;

(2) Any collective bargaining agreements between employers and labor unions representing employees of such employers;

(3) Any contract of insurance, as defined in Code Section 33-1-2 ; provided, however, that nothing in this paragraph shall impair or prohibit the enforcement of or in any way invalidate an arbitration clause or provision in a contract between insurance companies;

(3) Any contract of insurance, as defined in Code Section 33-1-2 ; provided, however, that nothing in this paragraph shall impair or prohibit the enforcement of or in any way invalidate an arbitration clause or provision in a contract between insurance companies;

(4) Any other subject matters currently covered by an arbitration statute;

(4) Any other subject matters currently covered by an arbitration statute;

(5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution;

(5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution;

(6) Any contract for the purchase of consumer goods, as defined in Title 11, the “Uniform Commercial Code,” under subsection (1) of Code Section 11-2-105 and subsection (a) of Code Section 11-9-102 ;

(6) Any contract for the purchase of consumer goods, as defined in Title 11, the “Uniform Commercial Code,” under subsection (1) of Code Section 11-2-105 and subsection (a) of Code Section 11-9-102 ;

(7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in subsection (a) of Code Section 10-1-392 , relating to definitions in the “Fair Business Practices Act of 1975”;

(7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in subsection (a) of Code Section 10-1-392 , relating to definitions in the “Fair Business Practices Act of 1975”;

(8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents;

(8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents;

(9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; or

(9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; or

(10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort.

(10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort.
O.C.G.A. § 9-2-47 — GA Code / Title 9 / Chapter 2 / Section 9-2-47
Georgia Code Title 9. Civil Practice § 9-2-47
Status: in_force

In the case of actions by informers to recover any fine, forfeiture, or penalty, the first filed in the clerk's office shall have precedence for the same cause of action and the latter filed actions shall abate.
O.C.G.A. § 9-14-4 — GA Code / Title 9 / Chapter 14 / Section 9-14-4
Georgia Code Title 9. Civil Practice § 9-14-4
Status: in_force

The petition for the writ of habeas corpus must be verified by the oath of the applicant or some other person in his behalf. It may be presented to the judge of the superior court of the circuit in which the illegal detention exists who may order the party restrained of his liberty to be brought before him from any county in his circuit, or it may be presented to the judge of the probate court of the county, except in cases of capital felonies or in which a person is held for extradition under warrant of the Governor.
O.C.G.A. § 9-13-121 — GA Code / Title 9 / Chapter 13 / Section 9-13-121
Georgia Code Title 9. Civil Practice § 9-13-121
Status: in_force

If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he has had his day in court, he may not go behind the judgment by an affidavit of illegality.
O.C.G.A. § 9-8-9 — GA Code / Title 9 / Chapter 8 / Section 9-8-9
Georgia Code Title 9. Civil Practice § 9-8-9
Status: in_force

Receivers of corporations shall be amenable to and shall make their returns to the superior court of the county where they reside at the time of the appointment.
O.C.G.A. § 9-2-22 — GA Code / Title 9 / Chapter 2 / Section 9-2-22
Georgia Code Title 9. Civil Practice § 9-2-22
Status: in_force

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 who bonded the performance of the parties defendant.
O.C.G.A. § 9-9-9 — GA Code / Title 9 / Chapter 9 / Section 9-9-9
Georgia Code Title 9. Civil Practice § 9-9-9
Status: in_force

(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action.

(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action.

(b) Notices to produce books, writings, and other documents or tangible things; depositions; and other discovery may be used in the arbitration according to procedures established by the arbitrators.

(b) Notices to produce books, writings, and other documents or tangible things; depositions; and other discovery may be used in the arbitration according to procedures established by the arbitrators.

(c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration.

(c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration.

(d) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts.

(d) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts.
O.C.G.A. § 9-13-171 — GA Code / Title 9 / Chapter 13 / Section 9-13-171
Georgia Code Title 9. Civil Practice § 9-13-171
Status: in_force

Where property is sold under void process and the proceeds are applied to valid liens against the defendant or the defendant receives the benefit thereof, he shall be bound thereby if he is present and does not object to the sale.
O.C.G.A. § 9-5-7 — GA Code / Title 9 / Chapter 5 / Section 9-5-7
Georgia Code Title 9. Civil Practice § 9-5-7
Status: in_force

Generally an injunction will not issue to restrain the breach of a contract for personal services unless the services are of a peculiar merit or character and cannot be performed by others.
O.C.G.A. § 9-2-28 — GA Code / Title 9 / Chapter 2 / Section 9-2-28
Georgia Code Title 9. Civil Practice § 9-2-28
Status: in_force

An action commenced and prosecuted by an infant alone shall not be void. Although the action may be defective in wanting a guardian or next friend, the defect shall be amendable before verdict and cured by verdict.
O.C.G.A. § 9-13-11 — GA Code / Title 9 / Chapter 13 / Section 9-13-11
Georgia Code Title 9. Civil Practice § 9-13-11
Status: in_force

All executions, orders, decrees, attachments for contempt, and final process issued by the clerks of the courts in favor of or against any sheriff shall be directed to the coroner of the county in which the sheriff resides and to all and singular the sheriffs of the state, except the sheriff of the county in which the interested sheriff resides, and may be levied, served, and returned by the coroner, other sheriff, or constable of the county at the option of the plaintiff or the party seeking the remedy.
O.C.G.A. § 9-3-33 — GA Code / Title 9 / Chapter 3 / Section 9-3-33
Georgia Code Title 9. Civil Practice § 9-3-33
Status: in_force

Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.
O.C.G.A. § 9-14-16 — GA Code / Title 9 / Chapter 14 / Section 9-14-16
Georgia Code Title 9. Civil Practice § 9-14-16
Status: in_force

No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases:

(1) When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered;

(1) When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered;

(2) By reason of any irregularity in the warrant or commitment where the same substantially conforms to the requirements of law;

(2) By reason of any irregularity in the warrant or commitment where the same substantially conforms to the requirements of law;

(3) For want of bond to prosecute;

(3) For want of bond to prosecute;

(4) When the person is imprisoned under a bench warrant which is regular upon its face;

(4) When the person is imprisoned under a bench warrant which is regular upon its face;

(5) By reason of any misnomer in the warrant or commitment when the court is satisfied that the person detained is the party charged with the offense;

(5) By reason of any misnomer in the warrant or commitment when the court is satisfied that the person detained is the party charged with the offense;

(6) When the person is in custody for a contempt of court and the court has not exceeded its jurisdiction in the length of the imprisonment imposed; or

(6) When the person is in custody for a contempt of court and the court has not exceeded its jurisdiction in the length of the imprisonment imposed; or

(7) In any other case in which it appears that the detention is authorized by law.

(7) In any other case in which it appears that the detention is authorized by law.
O.C.G.A. § 9-11-85 — GA Code / Title 9 / Chapter 11 / Section 9-11-85
Georgia Code Title 9. Civil Practice § 9-11-85
Status: in_force

This chapter may be known and cited as the “Georgia Civil Practice Act.”
O.C.G.A. § 9-10-182 — GA Code / Title 9 / Chapter 10 / Section 9-10-182
Georgia Code Title 9. Civil Practice § 9-10-182
Status: in_force

Not more than two counsel for each side shall be permitted to argue any case, except by express leave of the court; and in no case shall more than one counsel be heard in conclusion.
O.C.G.A. § 9-13-35 — GA Code / Title 9 / Chapter 13 / Section 9-13-35
Georgia Code Title 9. Civil Practice § 9-13-35
Status: in_force

The transfer of an execution by the attorney of record shall be good to pass the title thereto as against every person except the plaintiff in execution or his assignee without notice. Ratification by the plaintiff shall estop him also from denying the transfer. Receipt of the money from the transfer shall be such a ratification.
O.C.G.A. § 9-13-30 — GA Code / Title 9 / Chapter 13 / Section 9-13-30
Georgia Code Title 9. Civil Practice § 9-13-30
Status: in_force

When, in a judgment against sureties or endorsers on a draft, promissory note, or other instrument in writing, the plaintiff or his attorney has designated and identified the relation of the parties under the contract on which the judgment was rendered, execution shall issue accordingly.
O.C.G.A. § 9-12-131 — GA Code / Title 9 / Chapter 12 / Section 9-12-131
Georgia Code Title 9. Civil Practice § 9-12-131
Status: in_force

As used in this article, the term “foreign judgment” means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.
O.C.G.A. § 9-4-7 — GA Code / Title 9 / Chapter 4 / Section 9-4-7
Georgia Code Title 9. Civil Practice § 9-4-7
Status: in_force

(a) No declaration shall prejudice the rights of persons not parties to the proceeding.

(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.

(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 General Assembly, a statute of the state, any order or regulation of any administrative body of the state, or any franchise granted by the state is alleged in an action for declaratory judgment or as a part of any other action to be unconstitutional or otherwise invalid, the Attorney General of the state shall be served with a copy of the proceeding and shall be entitled to be heard in defense of said Act, statute, order, regulation, or franchise, which may include appearing as a party as of right as he or she determines is appropriate.

(c) If an Act of the General Assembly, a statute of the state, any order or regulation of any administrative body of the state, or any franchise granted by the state is alleged in an action for declaratory judgment or as a part of any other action to be unconstitutional or otherwise invalid, the Attorney General of the state shall be served with a copy of the proceeding and shall be entitled to be heard in defense of said Act, statute, order, regulation, or franchise, which may include appearing as a party as of right as he or she determines is appropriate.
O.C.G.A. § 9-10-1 — GA Code / Title 9 / Chapter 10 / Section 9-10-1
Georgia Code Title 9. Civil Practice § 9-10-1
Status: in_force

Where civil cases are pending in the superior courts, the Court of Appeals, or the Supreme Court in which the state is a party plaintiff, preference shall be given to such cases over all other cases so pending; and the judges or Justices, as the case may be, shall use all the power vested in them by law to bring the cases to a speedy trial and, whenever required to do so by counsel for the state, shall take up the cases for trial and proceed to try the same, unless the defendant shows some good cause for continuance, when the case shall be continued to a future time in the same term, or to the next term, in the discretion of the court. Nothing in this Code section shall affect the right of the state to a continuance on a proper showing.
O.C.G.A. § 9-3-36 — GA Code / Title 9 / Chapter 3 / Section 9-3-36
Georgia Code Title 9. Civil Practice § 9-3-36
Status: in_force

(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.

(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 abrogation.

(b) Subsection (a) of this Code section is intended to create a six-year statute of ultimate repose and abrogation.

(c) Nothing in this Code section shall be construed as placing a limitation on the time for commencing a proceeding to enforce any mortgage, pledge, or other lien upon property owned by a decedent immediately prior to the decedent's death.

(c) Nothing in this Code section shall be construed as placing a limitation on the time for commencing a proceeding to enforce any mortgage, pledge, or other lien upon property owned by a decedent immediately prior to the decedent's death.
O.C.G.A. § 9-16-9 — GA Code / Title 9 / Chapter 16 / Section 9-16-9
Georgia Code Title 9. Civil Practice § 9-16-9
Status: in_force

(a) Property attached or seized under this chapter shall not be subject to replevin, conveyance, sequestration, or attachment.

(a) Property attached or seized under this chapter shall not be subject to replevin, conveyance, sequestration, or attachment.

(b) The seizing law enforcement agency or the state attorney may authorize the release of the attached or seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding to another agency or state attorney by discontinuing such proceeding in favor of a civil forfeiture proceeding initiated by another law enforcement agency or state attorney.

(b) The seizing law enforcement agency or the state attorney may authorize the release of the attached or seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding to another agency or state attorney by discontinuing such proceeding in favor of a civil forfeiture proceeding initiated by another law enforcement agency or state attorney.

(c) A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 may be assigned to the same judge hearing any other complaint for forfeiture or criminal proceeding involving substantially the same parties or same property in accordance with the Uniform Superior Court Rules.

(c) A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 may be assigned to the same judge hearing any other complaint for forfeiture or criminal proceeding involving substantially the same parties or same property in accordance with the Uniform Superior Court Rules.

(d) Property shall be deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the civil forfeiture proceeding.

(d) Property shall be deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the civil forfeiture proceeding.
O.C.G.A. § 9-10-113 — GA Code / Title 9 / Chapter 10 / Section 9-10-113
Georgia Code Title 9. Civil Practice § 9-10-113
Status: in_force

All affidavits, petitions, answers, defenses, or other proceedings required to be verified or sworn to under oath shall be held to be sufficient when the same are sworn to before any notary public, magistrate, judge of any court, or any other officer of the state or county where the oath is made who is authorized by the laws thereof to administer oaths. The oath if made outside this state shall have the same force and effect as if it had been made before an officer of this state authorized to administer the same. The official attestation of the officer before whom the oath or affidavit is made shall be prima-facie evidence of the official character of the officer and that he was authorized by law to administer oaths. However, this Code section shall not apply to such affidavits as may be expressly required by statute to be made before some particular officer within the state.
O.C.G.A. § 9-8-7 — GA Code / Title 9 / Chapter 8 / Section 9-8-7
Georgia Code Title 9. Civil Practice § 9-8-7
Status: in_force

The presiding judge, in his discretion under the law, may order any funds, in the hands of a receiver or any other officer of court, while awaiting the termination of protracted litigation, to be invested as provided in the case of executors and administrators.
O.C.G.A. § 9-7-2 — GA Code / Title 9 / Chapter 7 / Section 9-7-2
Georgia Code Title 9. Civil Practice § 9-7-2
Status: in_force

Upon application of either party, after notice to the opposite party, the judge of the superior court, in equitable proceedings if the case shall require it, may refer any part of the facts to an auditor to investigate and report the result to the court. Furthermore, the judge may, upon his own motion, when in his judgment the facts and circumstances of any such case require it, refer the same to an auditor.
O.C.G.A. § 9-12-1 — GA Code / Title 9 / Chapter 12 / Section 9-12-1
Georgia Code Title 9. Civil Practice § 9-12-1
Status: in_force

The verdict shall cover the issues made by the pleadings and shall be for the plaintiff or for the defendant.
O.C.G.A. § 9-2-6 — GA Code / Title 9 / Chapter 2 / Section 9-2-6
Georgia Code Title 9. Civil Practice § 9-2-6
Status: in_force

No demand shall be necessary before the commencement of an action, except in such cases as the law or the contract prescribes.
O.C.G.A. § 9-9-3 — GA Code / Title 9 / Chapter 9 / Section 9-9-3
Georgia Code Title 9. Civil Practice § 9-9-3
Status: in_force

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award.
O.C.G.A. § 9-10-156 — GA Code / Title 9 / Chapter 10 / Section 9-10-156
Georgia Code Title 9. Civil Practice § 9-10-156
Status: in_force

When any case pending in the courts of this state in which the Attorney General is of counsel is scheduled to be called for any purpose during sessions of the General Assembly or during a period of 15 days preceding or following sessions of the General Assembly, on motion of the Attorney General or an assistant attorney general, it shall be a good ground for continuance that the Attorney General and his staff are occupied in aid of the business of the General Assembly.
O.C.G.A. § 9-12-4 — GA Code / Title 9 / Chapter 12 / Section 9-12-4
Georgia Code Title 9. Civil Practice § 9-12-4
Status: in_force

Verdicts shall have a reasonable intendment and shall receive a reasonable construction. They shall not be avoided unless from necessity.
O.C.G.A. § 9-9-57 — GA Code / Title 9 / Chapter 9 / Section 9-9-57
Georgia Code Title 9. Civil Practice § 9-9-57
Status: in_force

(a) An arbitration award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this Code section and of Code Section 9-9-58 .

(a) An arbitration award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this Code section and of Code Section 9-9-58 .

(b) The party relying on an arbitration award or applying for its enforcement shall supply the original arbitration award or a copy thereof. The court may request the party to supply a translation of the arbitration award.

(b) The party relying on an arbitration award or applying for its enforcement shall supply the original arbitration award or a copy thereof. The court may request the party to supply a translation of the arbitration award.
O.C.G.A. § 9-6-62 — GA Code / Title 9 / Chapter 6 / Section 9-6-62
Georgia Code Title 9. Civil Practice § 9-6-62
Status: in_force

The writ of quo warranto may be granted at any time, on proper showing made. Any issue of fact made thereon must be tried as in equity cases.
O.C.G.A. § 9-5-8 — GA Code / Title 9 / Chapter 5 / Section 9-5-8
Georgia Code Title 9. Civil Practice § 9-5-8
Status: in_force

The granting and continuing of injunctions shall always rest in the sound discretion of the judge, according to the circumstances of each case. This power shall be prudently and cautiously exercised and, except in clear and urgent cases, should not be resorted to.
O.C.G.A. § 9-9-83 — GA Code / Title 9 / Chapter 9 / Section 9-9-83
Georgia Code Title 9. Civil Practice § 9-9-83
Status: in_force

An arbitrator shall not be civilly or criminally liable for libel, slander, or defamation of any of the parties to the arbitration for any statement or action taken within the official capacity of the arbitrator during the arbitration.
O.C.G.A. § 9-3-30 — GA Code / Title 9 / Chapter 3 / Section 9-3-30
Georgia Code Title 9. Civil Practice § 9-3-30
Status: in_force

(a) All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues.

(a) All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues.

(b)(1) The causes of action specified in Code Section 51-1-11 and subsection (a) of Code Section 9-3-51 for recovery of damages to a dwelling due to the manufacture of or the negligent design or installation of synthetic exterior siding shall accrue when the damage to the dwelling is discovered or, in the exercise of reasonable diligence, should have been discovered, whichever first occurs. In any event, such cause of action shall be brought within the time limits provided in Code Sections 51-1-11 and 9-3-51 , respectively. (2) This subsection shall apply to causes of action which had not expired under the former law before March 28, 2000. This subsection shall not revive any cause of action which was barred by former law before March 28, 2000.

(b)(1) The causes of action specified in Code Section 51-1-11 and subsection (a) of Code Section 9-3-51 for recovery of damages to a dwelling due to the manufacture of or the negligent design or installation of synthetic exterior siding shall accrue when the damage to the dwelling is discovered or, in the exercise of reasonable diligence, should have been discovered, whichever first occurs. In any event, such cause of action shall be brought within the time limits provided in Code Sections 51-1-11 and 9-3-51 , respectively.

(b)(1) The causes of action specified in Code Section 51-1-11 and subsection (a) of Code Section 9-3-51 for recovery of damages to a dwelling due to the manufacture of or the negligent design or installation of synthetic exterior siding shall accrue when the damage to the dwelling is discovered or, in the exercise of reasonable diligence, should have been discovered, whichever first occurs. In any event, such cause of action shall be brought within the time limits provided in Code Sections 51-1-11 and 9-3-51 , respectively.

(2) This subsection shall apply to causes of action which had not expired under the former law before March 28, 2000. This subsection shall not revive any cause of action which was barred by former law before March 28, 2000.

(2) This subsection shall apply to causes of action which had not expired under the former law before March 28, 2000. This subsection shall not revive any cause of action which was barred by former law before March 28, 2000.
O.C.G.A. § 9-10-31 — GA Code / Title 9 / Chapter 10 / Section 9-10-31
Georgia Code Title 9. Civil Practice § 9-10-31
Status: in_force

(a) The General Assembly finds that Paragraph IV of Section II of Article VI of the Georgia Constitution permits a trial and entry of judgment against a resident of Georgia in a county other than the county of the defendant's residence only if the Georgia resident defendant is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint trespasser.

(a) The General Assembly finds that Paragraph IV of Section II of Article VI of the Georgia Constitution permits a trial and entry of judgment against a resident of Georgia in a county other than the county of the defendant's residence only if the Georgia resident defendant is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint trespasser.

(b) Subject to the provisions of Code Section 9-10-31.1 , joint tort-feasors, obligors, or promisors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside.

(b) Subject to the provisions of Code Section 9-10-31.1 , joint tort-feasors, obligors, or promisors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside.

(c) In any action involving a medical malpractice claim as defined in Code Section 9-9-60 , a nonresident defendant may require that the case be transferred to the county of that defendant's residence if the tortious act upon which the medical malpractice claim is based occurred in the county of that defendant's residence.

(c) In any action involving a medical malpractice claim as defined in Code Section 9-9-60 , a nonresident defendant may require that the case be transferred to the county of that defendant's residence if the tortious act upon which the medical malpractice claim is based occurred in the county of that defendant's residence.

(d) If all defendants who reside in the county in which an action is pending are discharged from liability before or upon the return of a verdict by the jury or the court hearing the case without a jury, a nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed.

(d) If all defendants who reside in the county in which an action is pending are discharged from liability before or upon the return of a verdict by the jury or the court hearing the case without a jury, a nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed.

(e) Nothing in this Code section shall be deemed to alter or amend the pleading requirements of Chapter 11 of this title relating to the filing of complaints or answers.

(e) Nothing in this Code section shall be deemed to alter or amend the pleading requirements of Chapter 11 of this title relating to the filing of complaints or answers.
O.C.G.A. § 9-3-114 — GA Code / Title 9 / Chapter 3 / Section 9-3-114
Georgia Code Title 9. Civil Practice § 9-3-114
Status: in_force

In cases of joint or joint and several contracts, a new promise by one of the contractors shall operate only against the promisor.
O.C.G.A. § 9-3-30-2 — GA Code / Title 9 / Chapter 3 / Section 9-3-30-2
Georgia Code Title 9. Civil Practice § 9-3-30.2
Status: in_force

(a) As used in this Code section, the term “land surveying” shall have the same meaning as provided by paragraph (6) of Code Section 43-15-2 .

(a) As used in this Code section, the term “land surveying” shall have the same meaning as provided by paragraph (6) of Code Section 43-15-2 .

(b) No action to recover damages for any deficiency, defect, omission, error, or miscalculation in a survey or plat shall be brought against registered surveyors or their employees engaged in the practice of land surveying who performed or furnished such survey or plat more than six years from the date of the survey or plat. The cause of action in such cases shall accrue when such services are rendered as shown from the date on the survey or plat. Any such action not instituted within the six-year period provided by this subsection shall be forever barred.

(b) No action to recover damages for any deficiency, defect, omission, error, or miscalculation in a survey or plat shall be brought against registered surveyors or their employees engaged in the practice of land surveying who performed or furnished such survey or plat more than six years from the date of the survey or plat. The cause of action in such cases shall accrue when such services are rendered as shown from the date on the survey or plat. Any such action not instituted within the six-year period provided by this subsection shall be forever barred.
O.C.G.A. § 9-2-7 — GA Code / Title 9 / Chapter 2 / Section 9-2-7
Georgia Code Title 9. Civil Practice § 9-2-7
Status: in_force

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.
O.C.G.A. § 9-9-43 — GA Code / Title 9 / Chapter 9 / Section 9-9-43
Georgia Code Title 9. Civil Practice § 9-9-43
Status: in_force

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
O.C.G.A. § 9-13-3 — GA Code / Title 9 / Chapter 13 / Section 9-13-3
Georgia Code Title 9. Civil Practice § 9-13-3
Status: in_force

Every execution shall follow the judgment upon which it issued and shall describe the parties thereto as described in the judgment.
O.C.G.A. § 9-13-77 — GA Code / Title 9 / Chapter 13 / Section 9-13-77
Georgia Code Title 9. Civil Practice § 9-13-77
Status: in_force

The security paying off an execution shall have control thereof.
O.C.G.A. § 9-7-4 — GA Code / Title 9 / Chapter 7 / Section 9-7-4
Georgia Code Title 9. Civil Practice § 9-7-4
Status: in_force

In all cases where the parties agree upon the person to be appointed as auditor, the court shall appoint such person.
O.C.G.A. § 9-10-200 — GA Code / Title 9 / Chapter 10 / Section 9-10-200
Georgia Code Title 9. Civil Practice § 9-10-200
Status: in_force

The form of an action for the recovery of real estate and mesne profits may be as follows:

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

A.B.,

)

Plaintiff

)

Civil action

)

File no. __________

v.

)

(Clerk will insert

)

number.)

C.D.,

)

Defendant

)

COMPLAINT

The defendant herein named is a resident of _____ (street), _____ (city), _____ County, Georgia, and is subject to the jurisdiction of this court.

1.

Defendant C.D. of said county is in possession of a certain tract of land in said county (here describe the land) to which plaintiff claims title.

2.

Defendant has received the profits of said land since the _____ day of _____, _____, of the yearly value of $_____ and refuses to deliver said land to plaintiff or to pay him the profits thereof.

Wherefore, plaintiff demands judgment against defendant (here list the relief prayed for).

_________________________________________________

Attorney for plaintiff

_________________________________________________

Address
O.C.G.A. § 9-11-1 — GA Code / Title 9 / Chapter 11 / Section 9-11-1
Georgia Code Title 9. Civil Practice § 9-11-1
Status: in_force

This chapter governs the procedure in all courts of record of this state in all actions of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Code Section 9-11-81 . This chapter shall be construed to secure the just, speedy, and inexpensive determination of every action. This chapter shall also apply to courts which are not courts of record to the extent that no other rule governing a particular practice or procedure of such courts is prescribed by general or local law applicable to such courts.