reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 2 - CHANGE OF VENUE (§§ 9-10-50 — 9-10-54) › Section 9-10-52 - Transmittal of transcript of order and record to court of transfer

The clerk of the court from which a case has been transferred shall send a true transcript of the order for the change of venue, together with the original record in the case, including depositions and orders and all pleadings, to the court of the county to which the case has been transferred.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 2 - CHANGE OF VENUE (§§ 9-10-50 — 9-10-54) › Section 9-10-53 - Conduct of proceedings following transfer

After a case has been transferred, all further proceedings shall be conducted as if the case had been originally commenced in the court to which the same was transferred.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 2 - CHANGE OF VENUE (§§ 9-10-50 — 9-10-54) › Section 9-10-54 - Payment of costs accrued at time of transfer

All costs which have accrued at the time of the transfer of a case shall, at the termination of the case, be paid by the party or parties against whom the same are assessed to the proper officers of the county from which the case was transferred.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 3 - SERVICE (§§ 9-10-70 — 9-10-73) › Section 9-10-71 - Service by publication on nonresidents or unknown persons with interest in property in state

(a)
Where any nonresident or person unknown claims or owns title to or an interest, present or contingent, in any real or personal property in this state, service on the nonresident or unknown owner or claimant may be made by publication in cases affecting such property in proceedings brought:
(1)
To remove a cloud therefrom or quiet title thereto;
(2)
To cancel or set aside deeds, mortgages, liens, or encumbrances thereon;
(3)
To establish, enforce, or foreclose liens thereon;
(4)
To enforce, by decree for specific performance, any contract in reference thereto;
(5)
To order the partition thereof by division or sale;
(6)
To make any decree or order in which the subject of the action is real or personal property in this state in which a nonresident or unknown person has or may have or claims an interest, actual or contingent, and in which the relief demanded consists wholly or in part in excluding him from an interest therein;
(7)
Where a nonresident or person unknown has or may have or may claim a present, future, or contingent interest in any property in this state; or
(8)
Where a nonresident or person unknown may have or claim any interest in any trust estate in this state and it becomes necessary or proper or advantageous to order a sale of the whole or any part of the property.
(b)
This Code section shall be supplemental to the other provisions in this Code providing for service by publication.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 3 - SERVICE (§§ 9-10-70 — 9-10-73) › Section 9-10-72 - Issuance of second original where defendants reside out of county

If the defendant or any of the defendants reside outside the county where the action is filed, the clerk shall issue a second original and copy for such other county or counties and forward the same to the sheriff, who shall serve the copy and return the second original, with his entry thereon, to the clerk of the court from which the same issued.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 3 - SERVICE (§§ 9-10-70 — 9-10-73) › Section 9-10-73 - Acknowledgment of service or waiver of process

The defendant may acknowledge service or waive process by a writing signed by the defendant or someone authorized by him.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 4 - PERSONAL JURISDICTION OVER NONRESIDENTS (§§ 9-10-90 — 9-10-94) › Section 9-10-90 - "Nonresident" defined

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
.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 4 - PERSONAL JURISDICTION OVER NONRESIDENTS (§§ 9-10-90 — 9-10-94) › Section 9-10-91 - Grounds for exercise of personal jurisdiction over nonresident

A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator, as to a cause of action arising from any of the acts, omissions, ownership, use, or possession enumerated in this Code section, in the same manner as if he or she were a resident of this state, if in person or through an agent, he or she:
(1)
Transacts any business within this state;
(2)
Commits a tortious act or omission within this state, except as to a cause of action for defamation of character arising from the act;
(3)
Commits a tortious injury in this state caused by an act or omission outside this state if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;
(4)
Owns, uses, or possesses any real property situated within this state;
(5)
With respect to proceedings for divorce, separate maintenance, annulment, or other domestic relations action or with respect to an independent action for support of dependents, maintains a matrimonial domicile in this state at the time of the commencement of this action or if the defendant resided in this state preceding the commencement of the action, whether cohabiting during that time or not. This paragraph shall not change the residency requirement for filing an action for divorce; or
(6)
Has been subject to the exercise of jurisdiction of a court of this state which has resulted in an order of alimony, child custody, child support, equitable apportionment of debt, or equitable division of property if the action involves modification of such order and the moving party resides in this state or if the action involves enforcement of such order notwithstanding the domicile of the moving party.
Amended by 2011 Ga. Laws 186,§ 3, eff. 7/1/2011.
Amended by 2010 Ga. Laws 611,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 4 - PERSONAL JURISDICTION OVER NONRESIDENTS (§§ 9-10-90 — 9-10-94) › Section 9-10-92 - Effect of appearance

Where personal jurisdiction is based solely upon this article, an appearance does not confer such jurisdiction with respect to causes of action not arising from the conduct enumerated in Code Section
9-10-91
.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 4 - PERSONAL JURISDICTION OVER NONRESIDENTS (§§ 9-10-90 — 9-10-94) › Section 9-10-93 - Venue

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 4 - PERSONAL JURISDICTION OVER NONRESIDENTS (§§ 9-10-90 — 9-10-94) › Section 9-10-94 - Service

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 5 - VERIFICATION (§§ 9-10-110 — 9-10-114) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 5 - VERIFICATION (§§ 9-10-110 — 9-10-114) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 5 - VERIFICATION (§§ 9-10-110 — 9-10-114) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 5 - VERIFICATION (§§ 9-10-110 — 9-10-114) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 5 - VERIFICATION (§§ 9-10-110 — 9-10-114) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 6 - AMENDMENTS (§§ 9-10-130 — 9-10-135) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 6 - AMENDMENTS (§§ 9-10-130 — 9-10-135) › Section 9-10-131 - Bonds in judicial proceedings amendable

All bonds taken under requirement of law in the course of a judicial proceeding may be amended and new security given if necessary.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 6 - AMENDMENTS (§§ 9-10-130 — 9-10-135) › Section 9-10-132 - Amendment of misnomers on motion

All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other civil judicial proceedings, shall, on motion, be amended and corrected instanter without working unnecessary delay to the party making the same.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 6 - AMENDMENTS (§§ 9-10-130 — 9-10-135) › Section 9-10-133 - Mistake by clerk or ministerial officer

The mistake or misprision of a clerk or other ministerial officer shall in no case work to the injury of a party where by amendment justice may be promoted.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 6 - AMENDMENTS (§§ 9-10-130 — 9-10-135) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 6 - AMENDMENTS (§§ 9-10-130 — 9-10-135) › Section 9-10-135 - Amendment of pleadings on court ruling not waiver of objection thereto

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
Amended by 2019 Ga. Laws 253,§ 2, eff. 5/7/2019.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
Amended by 2010 Ga. Laws 418,§ 9, eff. 7/1/2010.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-154 - Grounds for continuance - Party providentially prevented from attendance; statement of counsel

If either party is providentially prevented from attending the trial of a case, and the counsel of the absent party will state in his place that he cannot go safely to trial without the presence of the absent party, the case shall be continued, provided the continuances of the party have not been exhausted.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-155 - Grounds for continuance - Illness or absence of counsel; oath of party

The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a sufficient ground for continuance, provided that the party making the application for a continuance will swear that he cannot go safely to trial without the services of the absent counsel, that he expects his services at the next term, and that the application is not made for delay only.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-160 - Continuance for absence of witness; what application to show

All applications for continuances upon the ground of the absence of a witness shall show to the court:
(1)
That the witness is absent;
(2)
That he has been subpoenaed;
(3)
That he does not reside outside of the state;
(4)
That his testimony is material;
(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;
(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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-164 - Continuances for one term only

A continuance requested by a party in a pending case in any court shall not be granted for longer than one term.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-165 - Case not reached continued

A case not reached at the trial term stands over as continued.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-166 - Diligence to be shown by applicant for continuance

In all cases, the party making an application for a continuance must show that he has used due diligence.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-167 - Continuance in discretion of court; countershowing to motion for continuance

(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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-168 - When postponement substituted for continuance

No continuance shall be granted in any of the courts in this state which have a continuous session for 30 days or more, over the objection of the adverse party, where the cause for the same can be obviated by a postponement to a later day during the term. It shall be the duty of the presiding judge, whenever a motion and a proper showing for a continuance are made by either party at any time, to set the case down for a later day during the same term if it is practicable thereby to avoid the continuance of the case.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 7 - CONTINUANCES (§§ 9-10-150 — 9-10-169) › Section 9-10-169 - Announcement and docketing of continuance

Continuances of cases in the superior, state, county, and city courts and the dates thereof shall be entered on the docket. Upon the call of the calendar which includes such case, the judge shall announce the continuance.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 8 - ARGUMENT AND CONDUCT OF COUNSEL (§§ 9-10-180 — 9-10-186) › Section 9-10-180 - Time limit for arguments

Counsel shall be limited in their arguments to two hours on a side.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 8 - ARGUMENT AND CONDUCT OF COUNSEL (§§ 9-10-180 — 9-10-186) › Section 9-10-181 - Extension of time limit for argument after application therefor

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 8 - ARGUMENT AND CONDUCT OF COUNSEL (§§ 9-10-180 — 9-10-186) › Section 9-10-182 - Number of counsel who may argue case

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 8 - ARGUMENT AND CONDUCT OF COUNSEL (§§ 9-10-180 — 9-10-186) › Section 9-10-183 - Use of blackboard, models, or similar devices in argument

In the trial of any civil action, counsel for either party shall be permitted to use a blackboard and models or similar devices in connection with his argument to the jury for the purpose of illustrating his contentions with respect to the issues which are to be decided by the jury, provided that counsel shall not in writing present any argument that could not properly be made orally.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 8 - ARGUMENT AND CONDUCT OF COUNSEL (§§ 9-10-180 — 9-10-186) › Section 9-10-184 - Value of pain and suffering may be argued

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 8 - ARGUMENT AND CONDUCT OF COUNSEL (§§ 9-10-180 — 9-10-186) › Section 9-10-185 - Prejudicial statements by counsel; prevention by court; rebuke of counsel and instruction to jury; mistrial

Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall also rebuke counsel and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds. In its discretion, the court may order a mistrial if the plaintiff's attorney is the offender.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 8 - ARGUMENT AND CONDUCT OF COUNSEL (§§ 9-10-180 — 9-10-186) › Section 9-10-186 - Opening and closing arguments

In civil actions, where the burden of proof rests with the plaintiff, the plaintiff is entitled to the opening and concluding arguments except that if the defendant introduces no evidence or admits a prima-facie case, the defendant shall be entitled to open and conclude. In civil actions for personal injuries, the defendant shall be deemed not to have admitted a prima-facie case if such defendant introduces any evidence as to the extent of damages, other than cross-examination of the plaintiff and witnesses called by the plaintiff.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 9 - GENERAL CIVIL FORMS (§§ 9-10-200 — 9-10-204) › Section 9-10-200 - Action for recovery of realty and mesne profits

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
)
)
v.
)
Civil action
)
File no. __________________
C.D.,
)
(Clerk will insert
Defendant
)
number.)
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
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 9 - GENERAL CIVIL FORMS (§§ 9-10-200 — 9-10-204) › Section 9-10-201 - Action for recovery of personalty

The form of an action for the recovery of personal property may be as follows:
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 herein named is a resident of __________________ (street), __________________ (city), __________________ County, Georgia, and is subject to the jurisdiction of this court.
1.
Defendant C.D. is in possession of a certain (here describe the property) of the value of $__________________, to which plaintiff claims title.
2.
Defendant refuses to deliver the said __________________ to plaintiff or to pay plaintiff the profits thereof.
Wherefore, plaintiff demands judgment against defendant (here list the relief prayed for).
__________________
Attorney for plaintiff
__________________
Address
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 9 - GENERAL CIVIL FORMS (§§ 9-10-200 — 9-10-204) › Section 9-10-202 - Action to recover money on a judgment

The form of an action to recover money on a judgment may be as follows:
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 herein named is a resident of __________________ (street), __________________ (city), __________________ County, Georgia, and is subject to the jurisdiction of this court.
1.
Defendant C.D. is indebted to plaintiff in the sum of $__________________, plus interest, on a judgment obtained by plaintiff against defendant.
2.
Said judgment was obtained in the (name of court) held on the __________________ day of __________________, __________________, in (county, city, or town and state), as fully appears in the properly authenticated certified copies of the proceeding attached to this complaint as Exhibit A.
3.
Said judgment has not been satisfied and defendant C.D. has not paid the same.
Wherefore, plaintiff demands judgment against defendant (here list the relief prayed for).
__________________
Attorney for plaintiff
__________________
Address
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 9 - GENERAL CIVIL FORMS (§§ 9-10-200 — 9-10-204) › Section 9-10-203 - Action for breach of warranty in deed

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
)
)
v.
)
Civil action
)
File no. __________________
C.D.,
)
(Clerk will insert
Defendant
)
number.)
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
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 9 - GENERAL CIVIL FORMS (§§ 9-10-200 — 9-10-204) › Section 9-10-204 - Action for words

The form of an action for words may be as follows:
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 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
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 1 - SCOPE OF RULES AND FORM OF ACTION (§§ 9-11-1 — 9-11-2) › Section 9-11-1 - Scope of chapter; construction

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 1 - SCOPE OF RULES AND FORM OF ACTION (§§ 9-11-1 — 9-11-2) › Section 9-11-2 - One form of action

There shall be one form of action, to be known as "civil action."
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 2 - COMMENCEMENT OF ACTION AND SERVICE (§§ 9-11-3 — 9-11-6) › Section 9-11-3 - Commencement of action; filing of civil case filing form

(a)
A civil action is commenced by filing a complaint with the court.
(b)
At the time of filing the complaint for a civil action in superior court or state court, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain complete information and shall be substantially in the form prescribed by the Judicial Council of Georgia. The filing of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action.
Amended by 2017 Ga. Laws 240,§ 2-1, eff. 1/1/2018.
Amended by 2006 Ga. Laws 660,§ 1, eff. 7/1/2006.
Amended by 2001 Ga. Laws 2, § 9, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 2 - COMMENCEMENT OF ACTION AND SERVICE (§§ 9-11-3 — 9-11-6) › Section 9-11-6 - Time

(a)
Computation.
In computing any period of time prescribed or allowed by this chapter, by the rules of any court, by order of court, or by an applicable statute, the computation rules prescribed in paragraph (3) of subsection (d) of Code Section
1-3-1
shall be used.
(b)
Extension of time.
When by this chapter or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the parties, by written stipulation of counsel filed in the action, may extend the period, or the court for cause shown may at any time in its discretion (1) with or without motion or notice, order the period extended if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect; provided, however, that no extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict.
(c)
Unaffected by expiration of term.
The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court, except as otherwise specifically provided by law. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which has been pending before it, except as otherwise specifically provided by law.
(d)
For motions; for affidavits.
A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by this chapter or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion. Opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time.
(e)
Additional time after service by mail or e-mail.
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon the party by mail or e-mail, three days shall be added to the prescribed period.
Amended by 2009 Ga. Laws 25,§ 3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 3 - PLEADINGS AND MOTIONS (§§ 9-11-7 — 9-11-16) › Section 9-11-7 - Pleadings allowed; form of motions

(a)
Pleadings.
There shall be a complaint and an answer; a third-party complaint, if a person who is not an original party is summoned under Code Section
9-11-14
; and a third-party answer, if a third-party complaint is served. There may be a reply to a counterclaim denominated as such and an answer to a cross-claim, if the answer contains a cross-claim. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
(b)
Motions and other papers.
(1)
An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2)
The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this chapter.
(c)
Demurrers, pleas, etc., abolished.
Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.