---
title: O.C.G.A. § 37-1-6. Service of notice of pendency of action by second original process.
collection: code
id: 37-1-6
cite_as: O.C.G.A. § 37-1-6 (2025)
canonical_url: https://georgiacommons.org/code/37-1-6
md_url: https://georgiacommons.org/code/37-1-6.md
text_url: https://georgiacommons.org/code/37-1-6/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=27
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MENTAL HEALTH / GOVERNING AND REGULATION OF MENTAL HEALTH / GENERAL PROVISIONS
---

# O.C.G.A. § 37-1-6. Service of notice of pendency of action by second original process.

When any action is brought against the department, the board, the commissioner, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice.

## History

Code 1981, § 37-1-6, enacted by Ga. L. 2010, p. 286, § 1/SB 244.