reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 1 - GENERAL PROVISIONS (§§ 9-3-1 — 9-3-7) › Section 9-3-6 - Applicability of limitations to setoffs

The statute of limitations applies to the subject matter of setoff as well as to the plaintiff's demand.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 1 - GENERAL PROVISIONS (§§ 9-3-1 — 9-3-7) › Section 9-3-7 - When mutual accounts postpone running of limitations

The statute of limitations for a mutual account begins to run on the date of the last item thereof. A mutual account must include an indebtedness on both sides. Mere entries of credits of partial payments shall not be sufficient.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-20 - Actions on foreign judgments

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-21 - [Repealed] Proceedings to set aside judgments

Reserved. Repealed by Ga. L. 1986, p. 294, § 2, effective July 1, 1986.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-22 - Enforcement of rights under statutes, acts of incorporation; recovery of wages, overtime, and damages

All actions for the enforcement of rights accruing to individuals under statutes or acts of incorporation or by operation of law shall be brought within 20 years after the right of action has accrued; provided, however, that all actions for the recovery of wages, overtime, or damages and penalties accruing under laws respecting the payment of wages and overtime shall be brought within two years after the right of action has accrued.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-23 - Sealed instruments

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-24 - Actions on simple written contracts; exceptions

All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. 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 or to negotiable instruments under Article 3 of Title 11.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-25 - Open accounts; breach of certain contracts; implied promise; exception

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-26 - Other actions on contracts; exception

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-27 - Actions against fiduciaries

All actions against executors, administrators, or guardians, except on their bonds, shall be brought within ten years after the right of action accrues.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-28 - Actions by informers

All actions by informers to recover any fine, forfeiture, or penalty shall be commenced within one year from the time the defendant's liability thereto is discovered or by reasonable diligence could have been discovered.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-29 - Breach of restrictive covenant

(a)
All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line.
(b)
In actions for breach of covenant which accrue as a result of the failure to pay assessments or fees, the action shall be brought within four years after the right of action accrues.
(c)
For the purpose of this Code section, the right of action shall accrue immediately upon the erection of a permanent fixture which results in a violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. When an alleged violation or complaint is based upon a continuous violation of the covenant resulting from an act or omission, the right of action shall accrue each time such act or omission occurs. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity.
Amended by 2017 Ga. Laws 173,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-30 - Trespass or damage to realty

(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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-30.1 - Actions against manufacturers or suppliers of asbestos or material containing asbestos

(a)
Notwithstanding the provisions of Code Section
9-3-30
or any other law, every action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any person or entity, public or private; or brought by or on behalf of this state or any agency, department, political subdivision, authority, board, district, or commission of the state; or brought by or on behalf of any municipality, county, or any state or local school board or local school district to recover for:
(1)
Removal of asbestos or materials containing asbestos from any building owned or used by such entity;
(2)
Other measures taken to correct or ameliorate any problem related to asbestos in such building;
(3)
Reimbursement for such removal, correction, or amelioration related to asbestos in such building; or
(4)
Any other claim for damage to real property allowed by law relating to asbestos in such building
which might otherwise be barred prior to July 1, 1990, as a result of expiration of the applicable period of limitation, is revived or extended. Any action thereon shall be commenced no later than July 1, 1990.
(b)
The enactment of this Code section shall not be construed to imply that any action against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period.
(c)
Nothing in this Code section shall be construed to revive, extend, change, or otherwise affect the applicable period of limitation for persons or entities not set forth and provided for in subsection (a) of this Code section.
(d)
Nothing contained in this Code section shall be construed to have any effect on actions for personal injury or any other claim except as specifically provided in this Code section.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-30.2 - Actions against persons engaged in land surveying

(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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-31 - Injuries to personalty

Actions for injuries to personalty shall be brought within four years after the right of action accrues.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-32 - Accrual of actions for recovery of personal property or loss of timber; damages for conversion or destruction

Actions for the recovery of personal property, or for damages for the conversion or destruction of the same, shall be brought within four years after the right of action accrues, and actions involving the unauthorized cutting or cutting and carrying away of timber from the property of another shall be brought within four years after the cutting or cutting and carrying away of timber.
Amended by 2014 Ga. Laws 619,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-33 - Injuries to the person; injuries to reputation; loss of consortium; exception

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.
Amended by 2015 Ga. Laws 95,§ 2-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-34 - Article not applicable to malpractice

This article shall not apply to actions for medical malpractice as defined in Code Section
9-3-70
.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-35 - Actions by creditor seeking relief under Uniform Voidable Transactions Act

An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the "Uniform Voidable Transactions Act," shall be brought within the applicable period set out in Code Section
18-2-79
.
Amended by 2015 Ga. Laws 167,§ 4B-1, eff. 7/1/2015.
Added by 2002 Ga. Laws 427, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 2 - SPECIFIC PERIODS OF LIMITATION (§§ 9-3-20 — 9-3-36) › Section 9-3-36 - Limitations on claims arising before 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.
(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.
Added by 2020 Ga. Laws 508,§ 2-3, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 3 - LIMITATIONS ON RECOVERY FOR DEFICIENCIES CONNECTED WITH IMPROVEMENTS TO REALTY AND RESULTING INJURIES (§§ 9-3-50 — 9-3-53) › Section 9-3-50 - Definitions

As used in this article, the term:
(1)
"Person" means an individual, corporation, partnership, business trust, unincorporated organization, association, or joint-stock company.
(2)
"Substantial completion" means the date when construction was sufficiently completed, in accordance with the contract as modified by any change order agreed to by the parties, so that the owner could occupy the project for the use for which it was intended.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 3 - LIMITATIONS ON RECOVERY FOR DEFICIENCIES CONNECTED WITH IMPROVEMENTS TO REALTY AND RESULTING INJURIES (§§ 9-3-50 — 9-3-53) › Section 9-3-51 - Limitations on recovery for deficiency in planning, supervising, or constructing improvement to realty or for resulting injuries to property or person

(a)
No action to recover damages:
(1)
For any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction, or construction of an improvement to real property;
(2)
For injury to property, real or personal, arising out of any such deficiency; or
(3)
For injury to the person or for wrongful death arising out of any such deficiency
shall be brought against any person performing or furnishing the survey or plat, design, planning, supervision or observation of construction, or construction of such an improvement more than eight years after substantial completion of such an improvement.
(b)
Notwithstanding subsection (a) of this Code section, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the seventh or eighth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than ten years after the substantial completion of construction of such an improvement.
(c)
This Code section shall not apply to actions for breach of contract, including, but not limited to, actions for breach of express contractual warranties.
Amended by 2020 Ga. Laws 380,§ 1, eff. 7/1/2020.
See 2020 Ga. Laws 380, § 2.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 3 - LIMITATIONS ON RECOVERY FOR DEFICIENCIES CONNECTED WITH IMPROVEMENTS TO REALTY AND RESULTING INJURIES (§§ 9-3-50 — 9-3-53) › Section 9-3-52 - Limitation not available to owner or tenant

The limitation prescribed by this article shall not be asserted as a defense by any person who would otherwise be entitled to its benefits but who is in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency of such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 3 - LIMITATIONS ON RECOVERY FOR DEFICIENCIES CONNECTED WITH IMPROVEMENTS TO REALTY AND RESULTING INJURIES (§§ 9-3-50 — 9-3-53) › Section 9-3-53 - Period of limitations not extended

Nothing in this article shall extend the period of limitations prescribed by the law of this state for the bringing of any action or shall postpone the time as of which a cause of action accrues.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 4 - LIMITATIONS FOR MALPRACTICE ACTIONS (§§ 9-3-70 — 9-3-74) › Section 9-3-70 - "Action for medical malpractice" defined

As used in this article, the term "action for medical malpractice" means any claim for damages resulting from the death of or injury to any person arising out of:
(1)
Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of the lawfully authorized person; or
(2)
Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 4 - LIMITATIONS FOR MALPRACTICE ACTIONS (§§ 9-3-70 — 9-3-74) › Section 9-3-71 - General limitation

(a)
Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
(b)
Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.
(c)
Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.
(d)
Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section
9-3-73
, which shall be deemed to apply either to the applicable statutes of limitation or repose.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 4 - LIMITATIONS FOR MALPRACTICE ACTIONS (§§ 9-3-70 — 9-3-74) › Section 9-3-72 - Foreign objects left in body

The limitations of Code Section
9-3-71
shall not apply where a foreign object has been left in a patient's body, but in such a case an action shall be brought within one year after the negligent or wrongful act or omission is discovered. For the purposes of this Code section, the term "foreign object" shall not include a chemical compound, fixation device, or prosthetic aid or device.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 4 - LIMITATIONS FOR MALPRACTICE ACTIONS (§§ 9-3-70 — 9-3-74) › Section 9-3-73 - Certain disabilities and exceptions applicable

(a)
Except as provided in this Code section, the disabilities and exceptions prescribed in Article 5 of this chapter in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice.
(b)
Notwithstanding Article 5 of this chapter, all persons who are legally incompetent because of intellectual disability or mental illness and all minors who have attained the age of five years shall be subject to the periods of limitation for actions for medical malpractice provided in this article. A minor who has not attained the age of five years shall have two years from the date of such minor's fifth birthday within which to bring a medical malpractice action if the cause of action arose before such minor attained the age of five years.
(c)
Notwithstanding subsections (a) and (b) of this Code section, in no event may an action for medical malpractice be brought by or on behalf of:
(1)
A person who is legally incompetent because of intellectual disability or mental illness more than five years after the date on which the negligent or wrongful act or omission occurred; or
(2)
A minor:
(A)
After the tenth birthday of the minor if such minor was under the age of five years on the date on which the negligent or wrongful act or omission occurred; or
(B)
After five years from the date on which the negligent or wrongful act or omission occurred if such minor was age five or older on the date of such act or omission.
(d)
Subsection (b) of this Code section is intended to create a statute of limitations and subsection (c) of this Code section is intended to create a statute of repose.
(e)
The limitations of subsections (b) and (c) of this Code section shall not apply where a foreign object has been left in a patient's body. Such cases shall be governed by Code Section
9-3-72
.
(f)
The findings of the General Assembly under this Code section include, without limitation, that a reasonable relationship exists between the provisions, goals, and classifications of this Code section and the rational, legitimate state objectives of providing quality health care, assuring the availability of physicians, preventing the curtailment of medical services, stabilizing insurance and medical costs, preventing stale medical malpractice claims, and providing for the public safety, health, and welfare as a whole.
(g)
No action which, prior to July 1, 1987, has been barred by provisions relating to limitations of actions shall be revived by this article, as amended. No action which would be barred before July 1, 1987, by the provisions of this article, as amended, but which would not be so barred by the provisions of this article and Article 5 of this chapter in force immediately prior to July 1, 1987, shall be barred until July 1, 1989.
Amended by 2015 Ga. Laws 70,§ 4-15, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 4 - LIMITATIONS FOR MALPRACTICE ACTIONS (§§ 9-3-70 — 9-3-74) › Section 9-3-74 - Barred actions not revived

No action for medical malpractice which, prior to July 1, 1976, has been barred by the provisions of this chapter relating to actions shall be revived by this article.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-90 - Individuals under disability or imprisoned when cause of action accrues

(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.
(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.
Amended by 2015 Ga. Laws 97,§ 3, eff. 7/1/2015.
Amended by 2015 Ga. Laws 95,§ 2-3, eff. 7/1/2015.
Amended by 2015 Ga. Laws 70,§ 4-15, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-91 - Disabilities suffered after accrual of cause

If any person suffers a disability specified in Code Section
9-3-90
after his right of action has accrued and the disability is not voluntarily caused or undertaken by the person claiming the benefit thereof, the limitation applicable to his cause of action shall cease to operate during the continuance of the disability.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-92 - Five-year tolling for unrepresented estate - In favor of estate

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-93 - Five-year tolling for unrepresented estate - In favor of creditors

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 creditors of his estate, provided that such time does not exceed five years. At the expiration of the five years the limitation shall commence.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-94 - Removal of defendant from state

Unless otherwise provided by law, if a defendant removes from this state, the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-95 - Disability of one or more with joint right of action; effect of severability

Where there is a joint right of action and one or more of the persons having the right is under any of the disabilities specified in Code Section
9-3-90
, the terms of limitation shall not be computed against the joint action until all the disabilities are removed. However, if the action is severable so that each person may bring an action for his own share, those free from disability shall be barred after the running of the applicable statute of limitations, and only the rights of those under disability shall be protected.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-96 - Tolling of limitations for fraud of defendant

If the defendant or those under whom he claims are guilty of a fraud by which the plaintiff has been debarred or deterred from bringing an action, the period of limitation shall run only from the time of the plaintiff's discovery of the fraud.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-97 - Limitations extended for counterclaims and cross-claims

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-98 - Applicability of article

This article shall apply to tort actions as well as actions on contracts.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 5 - TOLLING OF LIMITATIONS (§§ 9-3-90 — 9-3-99) › Section 9-3-99 - Tolling of limitations for tort actions while criminal prosecution is pending

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
.
Amended by 2015 Ga. Laws 97,§ 4, eff. 7/1/2015.
Amended by 2015 Ga. Laws 95,§ 2-4, eff. 7/1/2015.
Added by 2005 Ga. Laws 20,§ 2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 6 - REVIVAL (§§ 9-3-110 — 9-3-115) › Section 9-3-110 - New promise to be in writing

A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party's own handwriting or subscribed by him or someone authorized by him.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 6 - REVIVAL (§§ 9-3-110 — 9-3-115) › Section 9-3-111 - Written promise following discharge in bankruptcy

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 6 - REVIVAL (§§ 9-3-110 — 9-3-115) › Section 9-3-112 - Payment or written acknowledgment equivalent to new promise

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 6 - REVIVAL (§§ 9-3-110 — 9-3-115) › Section 9-3-113 - Effect of new promise

A new promise shall revive or extend the original liability; it shall not create a new one.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 6 - REVIVAL (§§ 9-3-110 — 9-3-115) › Section 9-3-114 - Whom new promise by joint contractor binds

In cases of joint or joint and several contracts, a new promise by one of the contractors shall operate only against the promisor.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 3 - LIMITATIONS OF ACTIONS (§§ 9-3-1 — 9-3-115) › Article 6 - REVIVAL (§§ 9-3-110 — 9-3-115) › Section 9-3-115 - Effect of new promise by partner

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-1 - Purpose and construction of chapter

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-2 - [See Note] Declaratory judgments authorized; force and effect (§ 9-4-2) › 1

(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.
(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.
Amended by 2019 Ga. Laws 271,§ 3-1, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-2 - [See Note] Declaratory judgments authorized; force and effect (§ 9-4-2) › 2

(a)
In cases of actual controversy, the respective superior courts of this state and the Georgia State-wide Business Court and the Georgia Tax 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 and the Georgia Tax 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.
Amended by 2024 Ga. Laws 601,§ 2-6, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2019 Ga. Laws 271,§ 3-1, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-3 - Further relief; interlocutory extraordinary relief to preserve status quo

(a)
Further plenary relief, legal or equitable, including but not limited to damages, injunction, mandamus, or quo warranto, may be sought in a petition seeking declaratory judgment, and in such case, the action shall be governed as to process, service, and procedure by Code Section
9-4-5
. In all such cases, the court shall award to the petitioning party such relief as the pleadings and evidence may show him to be entitled; and the failure of the petition to state a cause of action for declaratory relief shall not affect the right of the party to any other relief, legal or equitable, to which he may be entitled.
(b)
The court, in order to maintain the status quo pending the adjudication of the questions or to preserve equitable rights, may grant injunction and other interlocutory extraordinary relief in substantially the manner and under the same rules applicable in equity cases.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-4 - Declaratory judgments involving fiduciaries

(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.
(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.
Amended by 2020 Ga. Laws 508,§ 2-4, eff. 1/1/2021.
Amended by 2015 Ga. Laws 70,§ 4-15, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-5 - [See Note] Filing and service; time of trial; drawing of jury (§ 9-4-5) › 1

A proceeding instituted under this chapter shall be filed and served as are other cases in the superior courts of this state or in the Georgia State-wide Business Court; provided, however, that a proceeding instituted in the probate court pursuant to paragraph (1) of subsection (a) of Code Section
15-9-127
shall be filed and served in the manner provided for proceedings in the probate courts of this state in Chapter 11 of Title 53. A proceeding instituted under this chapter may be tried at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. If there is an issue of fact that requires a submission to a jury, the jury may be drawn, summoned, and sworn either in regular term or specially for the pending case.
Amended by 2020 Ga. Laws 508,§ 2-5, eff. 1/1/2021.
Amended by 2019 Ga. Laws 271,§ 3-2, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-5 - [See Note] Filing and service; time of trial; drawing of jury (§ 9-4-5) › 2

A proceeding instituted under this chapter shall be filed and served as are other cases in the superior courts of this state or in the Georgia State-wide Business Court or the Georgia Tax Court; provided, however, that a proceeding instituted in the probate court pursuant to paragraph (1) of subsection (a) of Code Section
15-9-127
shall be filed and served in the manner provided for proceedings in the probate courts of this state in Chapter 11 of Title 53. A proceeding instituted under this chapter may be tried at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. If there is an issue of fact that requires a submission to a jury, the jury may be drawn, summoned, and sworn either in regular term or specially for the pending case.
Amended by 2024 Ga. Laws 601,§ 2-7, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2020 Ga. Laws 508,§ 2-5, eff. 1/1/2021.
Amended by 2019 Ga. Laws 271,§ 3-2, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-6 - Submission of fact issues to jury

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-7 - Only parties affected; when municipality made party; when Attorney General served and heard

(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.
(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.
Amended by 2022 Ga. Laws 564,§ 1, eff. 3/4/2022.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-8 - When court may refuse declaratory judgment

The court may refuse to render or enter a declaratory judgment or decree where the judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-9 - Costs

In any proceeding under this chapter the court may make such award or division of costs as may seem equitable and just.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-10 - [See Note] Equity jurisdiction not impaired (§ 9-4-10) › 1

Nothing in this chapter is intended to impair the equity jurisdiction of the superior courts of the state or of the Georgia State-wide Business Court.
Amended by 2019 Ga. Laws 271,§ 3-3, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-10 - [See Note] Equity jurisdiction not impaired (§ 9-4-10) › 2

Nothing in this chapter is intended to impair the equity jurisdiction of the superior courts of the state or of the Georgia State-wide Business Court or the Georgia Tax Court.
Amended by 2024 Ga. Laws 601,§ 2-8, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2019 Ga. Laws 271,§ 3-3, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 4 - DECLARATORY JUDGMENTS (§§ 9-4-1 — 9-4-11) › Section 9-4-11 - Combining proceedings in probate court

A declaratory judgment proceeding brought in the probate court as provided in paragraph (1) of subsection (a) of Code Section
15-9-127
may be combined with or made a part of any proceeding properly before the probate court to the greatest extent that does not infringe the exclusive jurisdiction of the superior courts pursuant to Article VI, Section IV, Paragraph I of the Constitution of this state.
Added by 2020 Ga. Laws 508,§ 2-6, eff. 1/1/2021.