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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 11. CIVIL PRACTICE ACT · Article 3. PLEADINGS AND MOTIONS

9-11-7. Pleadings allowed; form of motions.

Active

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

  1. (a)

    Pleadings. There shall be a complaint and an answer; a third-party complaint, if a person who is not an original party is summoned under Code Section 9-11-14; and a third-party answer, if a third-party complaint is served. There may be a reply to a counterclaim denominated as such and an answer to a cross-claim, if the answer contains a cross-claim. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.#

  2. (b)

    Motions and other papers.#

    1. (1)

      An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.#

    2. (2)

      The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this chapter.#

  3. (c)

    Demurrers, pleas, etc., abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.#

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

Ga. L. 1966, p. 609, § 7; Ga. L. 1967, p. 226, § 7.

Law reviews

For article discussing counterclaims and crossclaims under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 205 (1967). For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For note, ‘‘Default Judgments Under the Federal Rules of Civil Procedure and the Georgia Civil Practice Act,’’ see 7 Ga. St. B.J. 385 (1971).

Other notes

U.S. Code.
For provisions of Federal Rules of Civil Procedure, Rule 7, and annotations pertaining thereto, see 28 U.S.C.

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 t9-ch11-(v7)-2015-pdf.pdf, Volume V7, 2015 edition, pages 106 to 107; merge action: annotated; file SHA-256 3e6a3f858b06.