---
title: O.C.G.A. § 9-10-2. Actions against state void absent notice or waiver.
collection: code
id: 9-10-2
cite_as: O.C.G.A. § 9-10-2 (2025)
canonical_url: https://georgiacommons.org/code/9-10-2
md_url: https://georgiacommons.org/code/9-10-2.md
text_url: https://georgiacommons.org/code/9-10-2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch1-10-(v6)-2023-pdf.pdf?sfvrsn=f3cabc45_0#page=698
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: CIVIL PRACTICE / CIVIL PRACTICE AND PROCEDURE GENERALLY / GENERAL PROVISIONS
---

# O.C.G.A. § 9-10-2. Actions against state void absent notice or waiver.

Any verdict, decision, judgment, decree, order, ruling, or other judicial action by any court in this state in any matter in which this state or an official of this state in his official capacity is a party defendant, intervenor, respondent, appellee, or plaintiff in fi. fa. shall be void unless it affirmatively appears as a matter of record either:

(1) That the Attorney General was given five days’ advance written notice by the adverse party or his attorney of the time set for the particular trial, hearing, or other proceeding as a result of which the verdict, decision, judgment, decree, order, ruling, or other judicial action was entered;

(2) That the Attorney General or an assistant attorney general was present in person at the trial, hearing, or other proceeding; or

(3) That the Attorney General or an assistant attorney general has, in writing, waived the notice.

## History

Ga. L. 1956, p. 625, § 1; Ga. L. 2007, p. 47, § 9/SB 103.