---
title: O.C.G.A. § 49-4-168.3. Standard of proof; procedure; intervention by Attorney General.
collection: code
id: 49-4-168.3
cite_as: O.C.G.A. § 49-4-168.3 (2025)
canonical_url: https://georgiacommons.org/code/49-4-168.3
md_url: https://georgiacommons.org/code/49-4-168.3.md
text_url: https://georgiacommons.org/code/49-4-168.3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t49-t50-ch1-12-(v38)-2023-pdf.pdf?sfvrsn=60c992b5_0#page=171
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.
up: https://georgiacommons.org/code/49-4.md
previous: https://georgiacommons.org/code/49-4-168.2.md
next: https://georgiacommons.org/code/49-4-168.4.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: SOCIAL SERVICES / PUBLIC ASSISTANCE / FALSE MEDICAID CLAIMS
---

# O.C.G.A. § 49-4-168.3. Standard of proof; procedure; intervention by Attorney General.

(a) In any civil action brought under this article, the State of Georgia or person bringing the civil action shall be required to prove all essential elements of the cause of civil action, including damages, by a preponderance of the evidence.

(b) Except as otherwise provided in this article, all civil actions brought under this article shall be governed by the provisions of Chapter 11 of Title 9, the “Georgia Civil Practice Act.”

(c) If the Attorney General elects to intervene and proceed with a civil action brought pursuant to this article, the Attorney General may file his or her own complaint or amend the complaint of a person who has brought a civil action under this article to clarify or add detail to the claims in which the Attorney General is intervening and to add any additional claims with respect to which the State of Georgia contends it is entitled to relief. For purposes of the statute of limitations, any such pleading by the Attorney General shall relate back to the filing date of the complaint of the person who originally brought the civil action, to the extent that the claim of the State of Georgia arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint by such person.

## History

Code 1981, § 49-4-168.3, enacted by Ga. L. 2007, p. 355, § 3/HB 551; Ga. L. 2012, p. 127, § 2-1/HB 822.