GA Code § 9-10-111 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 5 - Verification|§ 9-10-111. When Verified Answer Required; by Whom Made for Corporate Defendant

 In all cases where the plaintiff files a pleading with an affidavit attached to the effect that the facts stated in the pleading are true to the best of his knowledge and belief, the defendant shall in like manner verify any answer. If the defendant is a corporation, the affidavit may be made by the president, vice-president, superintendent, or any officer or agent who knows, or whose official duty it is to know, about the matters set out in the answer.   (Ga. L. 1895, p. 44, § 1; Civil Code 1895, § 5055; Civil Code 1910, § 5638; Code 1933, § 81-401.)   Law reviews.   - For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).   JUDICIAL DECISIONS    Sworn averments as to agency or authority of corporate officer to make affidavit are not required. Georgia Lumber Co. v. Thompson, 34 Ga. App. 281, 129 S.E. 303 (1925).    Where petition was not sworn to be true by plaintiff, defendant was not required to verify its plea by this section. Shelton v. Fidelity & Cas. Co., 86 Ga. App. 818, 72 S.E.2d 813 (1952) (see O.C.G.A. § 9-10-111).    Where plaintiff, proceeding pro se, signed an original complaint and had it notarized, but failed to include an affidavit or other statement regarding its truth, defendants were not required to verify their answer. Ware v. Fidelity Acceptance Corp., 225 Ga. App. 41, 482 S.E.2d 536 (1997).   Attorney not an agent of corporation in other capacity may not verify.    - While a plea filed by a defendant corporation may be verified by an officer or agent of the defendant corporation, an attorney-at-law for a defendant corporation who does not profess to be the corporation's agent in any other capacity may not verify a plea to the jurisdiction. Guarantee Trust Life Ins. Co. v. Ricker, 93 Ga. App. 554, 92 S.E.2d 323 (1956).   Paper signed absent oath cannot be regarded as affidavit.    - Where it appears that no oath was in fact administered to one whose name is subscribed to a paper which purports to be one's affidavit, or that one signed it without consciously assuming the obligation of an oath, the paper cannot be regarded as an affidavit. Cone v. Sing Motor Implement, Inc., 96 Ga. App. 389, 100 S.E.2d 154 (1957).    The passage of Ch. 11, of this title, did not make former Code 1933, § 81-401 (see O.C.G.A. § 9-10-111) inoperative. Sing Recording Co. v. LeFevre Sound Studios, Inc., 122 Ga. App. 327, 176 S.E.2d 657 (1970).    Omission to verify an answer is an amendable defect. Sing Recording Co. v. LeFevre Sound Studios, Inc., 122 Ga. App. 327, 176 S.E.2d 657 (1970); Janet Ricker Builder, Inc. v. Gardner, 244 Ga. App. 753, 536 S.E.2d 777 (2000).    Where the record showed that a verification was, in fact, filed prior to a trial court's ruling, the trial court erred in finding that defendant did not verify an amended answer. Person v. State, 260 Ga. App. 644, 580 S.E.2d 649 (2003).   Verification not required.    - Verification was not required under O.C.G.A. § 9-10-111 because condemnation actions were in rem proceedings against the property, and owner did not become a party defendant merely by being served with and answering the complaints. Jones v. State, 210 Ga. App. 140, 435 S.E.2d 507 (1993).    In plaintiff insured's action against defendant insurer, removed due to diversity of jurisdiction, federal rules applied as to procedures and thus, Fed. R. Civ. P. 11(a) applied, not O.C.G.A. § 9-10-111 and the insurer's answer was not required to be verified. Kirkland v. Guardian Life Ins. Co. of Am., 352 Fed. Appx. 293 (11th Cir. 2009).    Garnishee's answer to a verified post-judgment garnishment petition need not be verified. First Nat'l Bank v. Sinkler, 170 Ga. App. 668, 317 S.E.2d 897 (1984).    Tenant's answer to a dispossessory complaint need not be verified. Henry v. Wild Pines Apts., 177 Ga. App. 576, 340 S.E.2d 233 (1986), rev'd on other grounds, 183 Ga. App. 491, 359 S.E.2d 237 (1987).    Cited in Dugas v. Hammond, 130 Ga. 87, 60 S.E. 268 (1908); Endicott v. Ogletree, 89 Ga. App. 161, 78 S.E.2d 851 (1953); Oxford v. Shuman, 106 Ga. App. 73, 126 S.E.2d 522 (1962); Ben O'Callaghan Co. v. Rose, Silverman & Hunt, 131 Ga. App. 29, 205 S.E.2d 45 (1974); Auerback v. Maslia, 142 Ga. App. 184, 235 S.E.2d 594 (1977); Wegman v. Wegman, 338 Ga. App. 648, 791 S.E.2d 431 (2016).   RESEARCH REFERENCES   Am. Jur. 2d.   - 61B Am. Jur. 2d, Pleading, §§ 845 et seq., 880 et seq.   C.J.S.   - 71 C.J.S., Pleading, §§ 486, 488.   ALR.    - Necessity of showing authority or qualification of affiant in affidavit made on behalf of corporation, 3 A.L.R. 132.