reglab/housing_qa huggingface dataset:
GA Code § 9-10-12 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 1 - General Provisions|§ 9-10-12. Certified Mail Equivalent to Registered Mail; Sufficient Compliance for Notice by Statutory Overnight Delivery

  Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice shall be given by "registered mail," the notice may be given by "certified mail."   Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice may be given by "statutory overnight delivery," it shall be sufficient compliance if:   Such notice is delivered through the United States Postal Service or through a commercial firm which is regularly engaged in the business of document delivery or document and package delivery;   The terms of the sender's engagement of the services of the United States Postal Service or commercial firm call for the document to be delivered not later than the next business day following the day on which it is received for delivery by the United States Postal Service or the commercial firm; and   The sender receives from the United States Postal Service or the commercial firm a receipt acknowledging receipt of the document which receipt is signed by the addressee or an agent of the addressee.      (Ga. L. 1967, p. 560, § 1; Ga. L. 2000, p. 1589, § 2.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.   JUDICIAL DECISIONS   Default entered in error against foreign corporation.    - Judgment denying the defendant's motion to set aside the default judgment against the defendant was reversed because there was no evidence that the defendant, a foreign corporation, failed to answer or otherwise respond within 45 days after service of the summons and complaint was perfected upon the defendant via a commercial mailing service; thus, the case never went into default and the trial court was not authorized to enter a default judgment. Turfstore.Com, Inc. v. Hall, 348 Ga. App. 398, 823 S.E.2d 81 (2019).   RESEARCH REFERENCES   Am. Jur. 2d.   - 62 Am. Jur. 2d, Post Office, § 29.   C.J.S.   - 72 C.J.S., Postal Service and Offenses Against Postal Laws, § 8.
GA Code § 9-10-110 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 5 - Verification|§ 9-10-110. Petitions for Extraordinary Equitable Relief to Be Verified or Supported by Proof

 Petitions for a restraining order, injunction, receiver, or other extraordinary equitable relief shall be verified positively by the petitioner or supported by other satisfactory proofs.   (Civil Code 1895, § 4966; Civil Code 1910, § 5544; Code 1933, § 81-110; Ga. L. 1982, p. 3, § 9.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61B Am. Jur. 2d, Pleading, §§ 845 et seq., 880 et seq.   5A Am. Jur. Pleading and Practice Forms, Captions, Prayers, and Formal Parts, § 606.   ALR.    - Perjury in verifying pleadings, 7 A.L.R. 1283.
GA Code § 9-10-112 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 5 - Verification|§ 9-10-112. Verification of Answer in Action on Open Account

 Whenever an action is brought on an open account and the same is verified by the plaintiff as provided by law, the answer either shall deny that the defendant is indebted in any sum or shall specify the amount in which the defendant admits he may be indebted and it shall be verified as required by law.   (Ga. L. 1901, p. 55, § 1; Civil Code 1910, § 4728; Code 1933, § 81-410.)   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.
GA Code § 9-10-113 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 5 - Verification|§ 9-10-113. When Verification Sufficient

 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.   (Ga. L. 1853-54, p. 50, § 1; Code 1863, § 4108; Code 1868, § 4139; Ga. L. 1870, p. 415, §§ 1, 2; Code 1873, §§ 3450, 4198; Code 1882, §§ 3450, 4198; Civil Code 1895, §§ 5060, 5062; Ga. L. 1905, p. 103, § 1; Civil Code 1910, §§ 5643, 5645, 5646; Ga. L. 1913, p. 56, § 1; Code 1933, §§ 81-407, 81-408, 81-409; Ga. L. 1983, p. 884, § 4-1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61B Am. Jur. 2d, Pleading, §§ 845 et seq., 880 et seq.   C.J.S.   - 71 C.J.S., Pleading, § 512.   ALR.    - Failure of affidavit for publication of summons to state the facts required by statute as subjecting the judgment to collateral attack, 25 A.L.R. 1258.
GA Code § 9-10-114 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 5 - Verification|§ 9-10-114. Use of Verified Answer as Evidence; Amendment of Sworn Answer

 The defendant shall always have the privilege of filing an answer under oath for the purpose of using the same as evidence on any motion to dissolve an injunction or to set aside any extraordinary process or remedy granted. A sworn answer may be amended at any time, by leave of the court, as other pleadings; but an admission made in the answer shall always be evidence when offered by the other party.   (Orig. Code 1863, § 4105; Code 1868, § 4136; Code 1873, § 4195; Code 1882, § 4195; Civil Code 1895, § 5056; Civil Code 1910, § 5639; Code 1933, § 81-402.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61B Am. Jur. 2d, Pleading, §§ 845 et seq., 880 et seq.   C.J.S.   - 32A C.J.S., Evidence, § 864 et seq.   ALR.    - Admission by pleading of a parol contract as preventing pleader from taking advantage of the statute of frauds, 22 A.L.R. 723.    Necessity in action on judgment of sister state confessed under warrant of attorney, of alleging and proving the law of the latter state permitting such judgment, 155 A.L.R. 921.   Admissibility in evidence of withdrawn, superseded, amended, or abandoned pleading as containing admissions against interest, 52 A.L.R.2d 516.
GA Code § 9-10-130 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 6 - Amendments|§ 9-10-130. When Affidavits Amendable

 All affidavits for the foreclosure of liens, including mortgages, all affidavits that are the foundation of legal proceedings, and all counter affidavits shall be amendable to the same extent as ordinary pleadings and with only the restrictions, limitations, and consequences of ordinary pleadings.   (Orig. Code 1863, § 3433; Code 1868, § 3453; Code 1873, § 3504; Code 1882, § 3504; Ga. L. 1887, p. 59, § 1; Ga. L. 1889, p. 110, § 1; Civil Code 1895, § 5122; Civil Code 1910, § 5706; Code 1933, § 81-1203.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 61A Am. Jur. 2d, Pleading, §§ 771, 772.   C.J.S.   - 71 C.J.S., Pleading, § 415.
GA Code § 9-10-134 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 6 - Amendments|§ 9-10-134. Amendment by Negligent Party; Payment of Costs; Terms

 If a party must apply for leave to amend his pleadings and has been negligent or dilatory in respect to the subject of the amendment, the court may order the party to pay to his adversary the cost of any proceedings which he proposes by amendment and, in the court's discretion, may order reasonable and equitable terms for amendment not affecting the merits of the case.   (Ga. L. 1853-54, p. 48, § 1; Code 1863, § 3412; Code 1868, § 3432; Code 1873, § 3482; Code 1882, § 3482; Civil Code 1895, § 5101; Civil Code 1910, § 5685; Code 1933, § 81-1207.)   Cross references.   - Amendment of pleadings generally, § 9-11-15.   RESEARCH REFERENCES   Am. Jur. 2d.   - 61A Am. Jur. 2d, Pleading, § 742 et seq.   C.J.S.   - 71 C.J.S., Pleading, §§ 346 et seq., 355 et seq.
GA Code § 9-10-151 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-151. Grounds for Continuance - Attendance at Board of Regents or Education Meeting

 Should any member of the Board of Regents of the University System of Georgia or any member of the State Board of Education be otherwise occupied, at the time of any meeting of the board, as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or continuance of the case until the session of the board has come to an end.   (Ga. L. 1931, p. 7, § 56; Code 1933, § 81-1404; Ga. L. 1985, p. 1406, § 1; Ga. L. 2019, p. 777, § 2/HB 502.)    The 2019 amendment,  effective May 7, 2019, substituted "otherwise occupied" for "engaged" near the middle of this Code section.   Cross references.   - Corresponding provision relating to criminal procedure, § 17-8-29.   Editor's notes.   - Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides: "This Act shall apply to all civil and criminal cases, including, but not limited to, any case currently initiated within any court in this state."   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, §§ 12, 17, 29, 32.   C.J.S.   - 17 C.J.S., Continuances, §§ 44, 53.
GA Code § 9-10-152 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-152. Grounds for Continuance - Attendance at Meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities

 Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged, at the time of any meeting of the board, as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has come to an end.   (Ga. L. 1933, p. 7, § 1; Code 1933, § 81-1405; Ga. L. 2009, p. 453, § 2-3/HB 228; Ga. L. 2010, p. 286, § 9/SB 244.)    The 2009 amendment,  effective July 1, 2009, substituted "Board of Human Services" for "Board of Human Resources" near the beginning of this Code section.    The 2010 amendment,  effective July 1, 2010, inserted "or the Board of Behavioral Health and Developmental Disabilities" near the beginning.   Cross references.   - Corresponding provision relating to criminal procedure, § 17-8-30.   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, §§ 12, 17, 29, 32.   C.J.S.   - 17 C.J.S., Continuances, §§ 44, 53.
GA Code § 9-10-153 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-153. Grounds for Continuance - Service in National Guard; Oath of Party or Statement of Counsel

 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.   (Ga. L. 1925, p. 149, § 1; Code 1933, § 81-1406; Ga. L. 1991, p. 404, § 1.)   Cross references.   - Corresponding provision relating to criminal procedure, § 17-8-31.   JUDICIAL DECISIONS   Motion for continuance properly denied.    - Trial court did not abuse its discretion in denying an injured party's motion for a continuance as the injured party did not attach the military orders to the motion and the counsel's assertion that the injured party had received orders to report for military duty were not evidence of any service requirements. King v. Irvin, 273 Ga. App. 64, 614 S.E.2d 190 (2005).   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, §§ 12, 17, 18, 26, 29, 32.   C.J.S.   - 17 C.J.S., Continuances, §§ 44, 53.   ALR.    - Effect of war on litigation pending at the time of its outbreak, 137 A.L.R. 1335; 147 A.L.R. 1298; 148 A.L.R. 1384; 149 A.L.R. 1451; 149 A.L.R. 1452; 150 A.L.R. 1417; 150 A.L.R. 1418; 151 A.L.R. 1453; 152 A.L.R. 1450; 154 A.L.R. 1447.    Validity and construction of war legislation in nature of moratory statute, 147 A.L.R. 1311; 148 A.L.R. 1388; 149 A.L.R. 1457; 150 A.L.R. 1400; 151 A.L.R. 1456; 152 A.L.R. 1452; 153 A.L.R. 1422; 154 A.L.R. 1448; 155 A.L.R. 1452; 156 A.L.R. 1450; 157 A.L.R. 1450; 158 A.L.R. 1450.   Appealability of order granting or refusing stay or continuance under federal civil relief act because of litigant's military service, 34 A.L.R.2d 1149.   Soldiers' and Sailors' Civil Relief Acts, 35 A.L.R. Fed. 649.
GA Code § 9-10-156 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-156. Grounds for Continuance - Occupation of Counsel as Attorney General in Aid of General Assembly

 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.   (Ga. L. 1956, p. 700, § 1.)   Cross references.   - Corresponding provision relating to criminal procedure, § 17-8-27.   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, §§ 12, 16, 17, 29, 32, 33.   C.J.S.   - 17 C.J.S., Continuances, § 53.
GA Code § 9-10-157 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-157. When Amending Party Granted Continuance

 The party amending pleadings or other proceedings in any of the courts of this state shall not be entitled to delay or continuance on account of the amendment, except by leave of the court to enable him to make the amendment.   (Orig. Code 1863, § 3449; Code 1868, § 3469; Code 1873, § 3520; Code 1882, § 3520; Civil Code 1895, § 5127; Civil Code 1910, § 5713; Code 1933, § 81-1408.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, §§ 22 et seq., 37.   C.J.S.   - 17 C.J.S., Continuances, § 31.
GA Code § 9-10-158 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-158. Continuance to Enable Opposite Party to Meet Amendment; When Charged to Amending Party

 When a pleading is amended, if the opposite party makes oath or his counsel states in his place that he is surprised and not fully prepared for trial because of the amendment, upon a showing of the manner of unpreparedness and that surprise is not claimed for the purpose of delay, the case may be continued and the continuance charged to the amending party.   (Orig. Code 1863, § 3450; Code 1868, § 3470; Code 1873, § 3521; Code 1882, § 3521; Civil Code 1895, § 5128; Civil Code 1910, § 5714; Code 1933, § 81-1409.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, §§ 5, 7, 22 et seq., 37.   C.J.S.   - 17 C.J.S., Continuances, § 31.   ALR.    - Refusal of continuance in criminal trial, asked for on account of occurrences during trial, as abuse of discretion, 5 A.L.R. 914.   Party litigant's absence in civil case because of illness of relative or member of family, as ground for continuance, 47 A.L.R.2d 1058.   Amendment of pleading before trial with respect to amount or nature of relief sought as ground for continuance, 56 A.L.R.2d 650.
GA Code § 9-10-159 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-159. Legislator Attending General Assembly Excused as Witness; Deposition in Civil Case

 Any person summoned as a witness in any case shall be excused by the judge from attending the court by reason of his attendance as a legislator in the General Assembly. In all civil cases it shall be the right of either party thereto to take the deposition, as provided by law, of any person desired to be used as a witness in the case who is a member of the General Assembly when the session of the General Assembly conflicts with the session of the court in which such case is to be tried.   (Ga. L. 1905, p. 93, § 2; Civil Code 1910, § 5712; Code 1933, § 81-1407.)   Cross references.   - Corresponding provision relating to criminal procedure, § 17-8-28.   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, §§ 5, 10, 11, 26 et seq.   C.J.S.   - 17 C.J.S., Continuances, § 70.
GA Code § 9-10-161 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-161. Denial of Continuance for Absence of Witness or Testimony Where Opposite Party Makes Admission

 No continuance shall be allowed in any court on account of the absence of a witness or for the purpose of procuring testimony when the opposite party is willing to admit and does not contest the truth of the facts expected to be proved by the testimony of the witness. The court shall order the admission to be reduced to writing.   (Ga. L. 1853-54, p. 52, § 1; Code 1863, § 3452; Code 1868, § 3472; Code 1873, § 3523; Code 1882, § 3523; Civil Code 1895, § 5130; Penal Code 1895, § 963; Civil Code 1910, § 5716; Penal Code 1910, § 989; Code 1933, § 81-1411.)   Cross references.   - Corresponding provision relating to criminal procedure, § 17-8-32.   JUDICIAL DECISIONS   Admission by opposite party must be reduced to writing.    - An admission that the absent witness would testify to the facts stated is not sufficient to prevent a continuance; the opposite party must also admit in writing that the party does not contest the truth thereto. Cheney v. Smith & Alexander, 42 Ga. 50 (1871); Klugman v. Gammell, 43 Ga. 581 (1871).   Admission cannot be withdrawn after formerly absent witness comes into court.    - When a party admits the truth of facts to which an absent witness will testify, the admission being made to avoid a continuance under this section, the party has no right, after the opposite party has closed the evidence, to withdraw the admission because the witness is no longer absent but has come into court. Harris & Mitchell v. McArthur, 90 Ga. 216, 15 S.E. 758 (1892) (see O.C.G.A. § 9-10-161).    Cited in Baldwin v. Walden, 30 Ga. 829 (1860); Kitchens v. Hutchins, 44 Ga. 620 (1872).   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, § 41 et seq.   C.J.S.   - 17 C.J.S., Continuances, §§ 62, 72.   ALR.   - Admissions to prevent continuance sought to secure testimony of absent witness in civil case, 15 A.L.R.3d 1272.
GA Code § 9-10-162 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-162. Continuance After Case Sent Back by Appellate Court

 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.   (Ga. L. 1851-52, p. 216, § 6; Code 1863, § 3456; Code 1868, § 3476; Code 1873, § 3527; Code 1882, § 3527; Civil Code 1895, § 5134; Civil Code 1910, § 5720; Code 1933, § 81-1415.)   Cross references.   - Corresponding provision relating to criminal procedure, § 17-8-34.   JUDICIAL DECISIONS   Effect of judgment of reversal on appellant and trial judge.    - The judgment of reversal, without more, operates only to vacate the orders and decree as therein stated, and to reinvest the trial court with jurisdiction, on the filing of the remittitur in the office of the clerk of the trial court; it neither serves as a substitute for findings for the appellant, nor enlarges the powers of the trial judge in reference thereto. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).    Cases are "sent back" to trial court when remittitur of Court of Appeals is transmitted to and filed in the office of its clerk. Hagan v. Robert & Co. Assocs., 222 Ga. 469, 150 S.E.2d 663 (1966).   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, § 40.   C.J.S.   - 17 C.J.S., Continuances, § 9.
GA Code § 9-10-163 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 10 - Civil Practice and Procedure Generally|Article 7 - Continuances|§ 9-10-163. Continuance of Appeals Case

 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.   (Orig. Code 1863, § 3459; Code 1868, § 3479; Code 1873, § 3530; Code 1882, § 3530; Civil Code 1895, § 5137; Civil Code 1910, § 5723; Code 1933, § 81-1418.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, § 40.   C.J.S.   - 17 C.J.S., Continuances, § 129.   ALR.   - Effect of war on litigation pending at time of its outbreak, 36 A.L.R.2d 1018.   Amendment of pleading with respect to parties or their capacity as ground for continuance, 67 A.L.R.2d 477.   Continuance of civil case because of illness or death of party, 68 A.L.R.2d 470.