GA Code § 13-6-11 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 6 - Damages and Costs Generally|§ 13-6-11. Recovery of Expenses of Litigation Generally

 The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.   (Orig. Code 1863, § 2883; Code 1868, § 2891; Code 1873, § 2942; Code 1882, § 2942; Civil Code 1895, § 3796; Civil Code 1910, § 4392; Code 1933, § 20-1404; Ga. L. 1984, p. 22, § 13.)   Cross references.   - Recovery of costs in contract actions, see § 9-15-9.   Law reviews.   - For article advocating that payment of attorneys fees be assigned to the losing party, see 18 Ga. B.J. 439 (1956). For article discussing available remedies in this state for deceptive trade practices, in light of the model Unfair Trade Practices and Consumer Protection Law proposed in Georgia in 1973, see 10 Ga. St. B.J. 281 (1973). For article surveying developments in Georgia contracts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 67 (1981). For article surveying developments in the Georgia torts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 247 (1981). For survey article on torts, see 34 Mercer L. Rev. 271 (1982). For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982). For survey article on wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For article discussing damages in an excess liability action, "The Liability Insurance Policy - Above and Beyond Coverage: Extra-Contractual Rights and Duties," see 22 Ga. State Bar J. 137 (1986). For annual survey of law of contracts, see 38 Mercer L. Rev. 107 (1986). For annual survey on trial practice and procedure, see 38 Mercer L. Rev. 383 (1986). For article, "Nonjudicial Foreclosures in Georgia Revisited," see 24 Ga. St. B.J. 43 (1987). For article, "Battling the Many-Headed Hydra: Abusive Litigation Law in Georgia," see 25 Ga. St. B.J. 65 (1988). For article, "Procedure and Problems in Georgia Ad Valorem Tax Appeals," see 26 Ga. St. B.J. 98 (1990). For annual survey of construction law, see 43 Mercer L. Rev. 141 (1991). For annual survey on law of torts, see 43 Mercer L. Rev. 395 (1991). For article, "Appeals, Interlocutory and Discretionary Applications, and Post-Judgment Motions in the Georgia Courts: The Current Practice and the Need for Reform Legislation," see 44 Mercer L. Rev. 17 (1992). For article, "Construction Law," see 53 Mercer L. Rev. 173 (2001). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005). For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005). For survey article on insurance law, see 59 Mercer L. Rev. 195 (2007). For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007). For survey article on legal ethics, see 60 Mercer L. Rev. 237 (2008). For survey article on local government law, see 60 Mercer L. Rev. 263 (2008). For survey article on trial practice and procedure, see 60 Mercer L. Rev. 397 (2008). For annual survey on appellate practice and procedure, see 61 Mercer L. Rev. 31 (2009). For annual survey on zoning and land use law, see 61 Mercer L. Rev. 427 (2009). For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010). For article, "Practice Point: Right of Publicity: A Practitioner's Enigma," see 17 J. Intell. Prop. L. 351 (2010). For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014). For annual survey on local government law, see 68 Mercer L. Rev. 199 (2016). For article, "What Duty of Care Does a Homeowner Association Owe Its Members?," see 22 Ga. St. Bar J. 19 (Dec. 2016). For article, "Construction Law," see 70 Mercer L. Rev. 51 (2018). For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018). For article, "A Constitutional Counterpunch to Georgia's Anti-SLAPP Statute," see 69 Mercer L. Rev. 407 (2019). For comment on White v. Lamar, 165 Ga. 306, 140 S.E. 875 (1927), see 1 Ga. L. Rev. No. 3 P. 52 (1927). For case comments, "Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem," see 21 Ga. L. Rev. 429 (1986).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Availability of Section to Defendants   Application: In General   Application: Specific Examples   Bad Faith, Fraud, and Deceit   Application of Bad Faith, Fraud, and Deceit   Stubborn Litigiousness   Unnecessary Trouble and Expense   Effect of Refusal to Pay Debt   Pleadings and Practice   Evidentiary Issues   Jury-Court Determinations   Jury Instructions    RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Costs, § 1 et seq. 22 Am. Jur. 2d, Damages, §§ 147 et seq.   C.J.S.   - 25 C.J.S., Damages, § 68, et seq.   ALR.    - Right to recover attorneys' fees for wrongful attachment, 25 A.L.R. 579; 65 A.L.R.2d 1426.    Recovery in action of deceit for fraudulently inducing contract of expense of other litigation incident to contract, 41 A.L.R. 1156.    Attorneys' fees as element of damages allowable in action on injunction bond, 164 A.L.R. 1088.   Right to recover attorneys' fees for wrongful attachment, 65 A.L.R.2d 1426.   What constitutes "trial," "final trial," or "final hearing" under statute authorizing allowance of attorneys' fees as costs on such proceeding, 100 A.L.R.2d 397.   Attorneys' fees incurred in litigation with third person as damages in action for breach of contract, 4 A.L.R.3d 270.   Attorneys' fees or other expenses of litigation as element in measuring exemplary or punitive damages, 30 A.L.R.3d 1443.   Punitive damages for wrongful seizure of chattel by one claiming security interest, 35 A.L.R.3d 1016.   Dismissal of plaintiff's action as entitling defendant to recover attorneys' fees or costs as "prevailing party" or "successful party,", 66 A.L.R.3d 1087.   Construction and application of state statute or rule subjecting party making untrue allegations or denials to payment of costs or attorney's fees, 68 A.L.R.3d 209.   Validity of statute allowing attorney's fee to successful claimant but not to defendant, or vice-versa, 73 A.L.R.3d 515.   Allowance of counsel fees in taxpayer's action in state court, 89 A.L.R.3d 690.   Measure and elements of damages for breach of contract to lend money, 4 A.L.R.4th 682.