51-5-8. Absolute privilege of allegations in pleadings.

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

All charges, allegations, and averments contained in regular pleadings filed in a court of competent jurisdiction, which are pertinent and material to the relief sought, whether legally sufficient to obtain it or not, are privileged. However false and malicious such charges, allegations, and averments may be, they shall not be deemed libelous.

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

Civil Code 1895, § 3842; Civil Code 1910, § 4438; Code 1933, § 105-711.

Law reviews

For article, ‘‘Defamation Liability for Attorney Speech: A Policy-Based and Civility-Oriented Reconsideration of the Absolute Privilege for Attorneys,’’ see 10 Ga. St. U.L. Rev. 431 (1994). For annual survey article discussing tort law, see 51 Mercer L. Rev. 461 (1999). For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For annual survey on trial practice and procedure, see 61 Mercer L. Rev. 363 (2009). For comment on Taliferro v. Sims, 187 F.2d 6 (5th Cir. 1951), see 14 Ga. B. J. 103 (1951). For comment on Dixie Broadcasting Corp. v. Rivers, 209 Ga. 98, 70 S.E.2d 734 (1952), see 15 Ga. B. J. 81 (1952). For case comment, ‘‘Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem,’’ see 21 Ga. L. Rev. 429 (1986). For comment, ‘‘Lee v. Dong-A Ilbo: Use of Official Report Privilege to Protect Defamatory Statements in Press Account Based on Foreign Government Report,’’ see 23 Ga. L. Rev. 275 (1988).

Other notes

History of Code section.: The language of this Code section is derived in part from the decision in Wilson v. Sullivan, 81 Ga. 238, 7 S.E. 274 (1888).

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

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 601; merge action: annotated; file SHA-256 bc30a40687b2.

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