Official Code of Georgia Annotated

Title 51. TORTS · Chapter 7. FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION · Article 5. ABUSIVE LITIGATION

51-7-81. Liability for abusive litigation.

Active

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

Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts:
(1)
With malice; and#
(2)
Without substantial justification.#

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

Code 1981, § 51-7-81, enacted by Ga. L. 1989, p. 408, § 2.

Law reviews

For article, ‘‘Rule 11: Is the Cure Justified by the Disease?,’’ see 28 Ga. St. B. J. 228 (1992). For article, ‘‘Of Frivolous Litigation and Runaway Juries: A View from the Bench,’’ see 41 Ga. L. Rev. 431 (2007).

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 t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 715; merge action: annotated; file SHA-256 bc30a40687b2.