23-4-3. Claim of legal and equitable relief by defendant.

Active2 versions printed

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Effective July 1, 2026.In force today: Effective July 1, 2026.

A defendant to any action in the superior court or in the Georgia State-wide Business Court or the Georgia Tax Court, whether the action is for legal or equitable relief, may claim legal or equitable relief, or both, by framing proper pleadings for that purpose and sustaining them by sufficient evidence.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1884-85, p. 36, § 2; Civil Code 1895, § 4837; Civil Code 1910, § 5410; Code 1933, § 37-905; Ga. L. 2019, p. 845, § 3-5/HB 239; Ga. L. 2024, p. 888, § 2-9/HB 1267, effective July 1, 2026.

Delayed effective date

Code Section 23-4-3 is set out twice in this Code. This version is effective July 1, 2026. For version effective until July 1, 2026, see the preceding version.

Amendments

The 2024 amendment, effective July 1, 2026, inserted “or the Georgia Tax Court” near the middle of this Code section.

Editor's notes

Ga. L. 2024, p. 888, § 4-1(a)/HB 1267, not codified by the General Assembly, provides that the 2024 amendments to this Code section shall only become effective on July 1, 2026, upon the ratification of a resolution at the November, 2024, state-wide general election that amends the Constitution so as to authorize the General Assembly to provide by general law for the establishment of the Georgia Tax Court with state-wide jurisdiction. If such a resolution is not so ratified, then the amendments to this Code section shall not become effective and shall stand repealed on January 1, 2025. The constitutional amendment proposed in Ga. L. 2024, p. 1189 was approved by a majority of the qualified voters voting at the general election held on November 5, 2024.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-pdf.pdf, Volume V19, 2020 edition, 2025 supplement, pages 18 to 19; merge action: replaced; file SHA-256 acd47458df10.

Effective until July 1, 2026.No longer in force as printed (Effective until July 1, 2026.)

A defendant to any action in the superior court or in the Georgia State-wide Business Court, whether the action is for legal or equitable relief, may claim legal or equitable relief, or both, by framing proper pleadings for that purpose and sustaining them by sufficient evidence.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1884-85, p. 36, § 2; Civil Code 1895, § 4837; Civil Code 1910, § 5410; Code 1933, § 37-905; Ga. L. 2019, p. 845, § 3-5/HB 239.

Delayed effective date

Code Section 23-4-3 is set out twice in this Code. This version is effective until July 1, 2026. For version effective July 1, 2026, see the following version.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-pdf.pdf, Volume V19, 2020 edition, 2025 supplement, page 18; merge action: replaced; file SHA-256 acd47458df10.