---
title: O.C.G.A. § 45-1-2. Actions by or against public officers who have left office.
collection: code
id: 45-1-2
cite_as: O.C.G.A. § 45-1-2 (2025)
canonical_url: https://georgiacommons.org/code/45-1-2
md_url: https://georgiacommons.org/code/45-1-2.md
text_url: https://georgiacommons.org/code/45-1-2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-2016-pdf.pdf?sfvrsn=cde47f8a_0#page=3
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: PUBLIC OFFICERS AND EMPLOYEES / GENERAL PROVISIONS
---

# O.C.G.A. § 45-1-2. Actions by or against public officers who have left office.

(a) When an action has been commenced by or against a public officer of the state in his official capacity and such officer’s successor in office has been substituted as a party pursuant to subsection (d) of Code Section 9-11-25, such action shall proceed as if no change of parties had been made, provided that it shall be within the discretion of the court to allow the successor in office such time as it may deem necessary to appear, plead, or otherwise proceed with such action.

(b) This Code section shall not apply to actions against officers for damages on account of tortious acts committed by such officer under color of office, which actions survive against such officer or his personal representatives, notwithstanding the death, resignation, removal, or expiration of the term of such officer.

(c) This Code section shall relate only to actions commenced by or against state officers in their official capacity and shall not relate or apply to actions commenced by or against municipal, district, or county officers.

## History

Ga. L. 1941, p. 516, §§ 2, 4, 5; Ga. L. 1990, p. 8, § 45.