---
title: O.C.G.A. § 53-2-28. Civil matter; rules of procedure; construction.
collection: code
id: 53-2-28
cite_as: O.C.G.A. § 53-2-28 (2025)
canonical_url: https://georgiacommons.org/code/53-2-28
md_url: https://georgiacommons.org/code/53-2-28.md
text_url: https://georgiacommons.org/code/53-2-28/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-pdf.pdf?sfvrsn=5e4f6f40_0#page=47
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
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / DESCENT AND DISTRIBUTION / JUDICIAL DETERMINATION OF HEIRS AND INTERESTS
---

# O.C.G.A. § 53-2-28. Civil matter; rules of procedure; construction.

(a) Any proceeding brought under this article is a civil action, which shall be governed by the rules of civil procedure except as otherwise expressly provided in this article. Except to the extent otherwise provided in Code Section 53-2-27, expressly provided in this Code section, or modified by another applicable statute, the common law as expounded by Georgia courts shall continue to be applied to the admission and exclusion of evidence and to procedures at trial in proceedings brought under this article.

(b) If in any proceeding brought under this article no answer or objection has been filed within the time required by Chapter 11 of this title or by Chapter 11 of Title 9, the “Georgia Civil Practice Act,” as applicable, the case shall automatically become in default unless the time for filing such answer or objection has been extended as provided by law. In any proceeding brought under this article that has become in default:

(1) In the probate court, the default thereafter shall be governed by Code Section 15-9-47; and

(2) In the superior court, the default thereafter shall be governed by Code Section 9-11-55.

(c) In proceedings under this article, the provisions of Title 19 shall be supplemental to the provisions of this title, and the provisions of this title shall be construed and applied in para materia with the provisions of Title 19, except to the extent that the provisions of Title 19 are in conflict with or are incompatible with the provisions of this title.

## History

Code 1981, § 53-2-28, enacted by Ga. L. 2025, p. 806, § 47/HB 327, effective July 1, 2025.

## Effective Date

This Code section became effective July 1, 2025.