Title 9. CIVIL PRACTICE · Chapter 11. CIVIL PRACTICE ACT · Article 3. PLEADINGS AND MOTIONS
9-11-9. Pleading special matters.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Capacity. It is not necessary to aver the capacity of a party to bring or defend an action, the authority of a party to bring or defend an action in a representative capacity, or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to bring or defend an action, or the authority of a party to bring or defend an action in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.#
- (b)
Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstance constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.#
- (c)
Conditions precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.#
- (d)
Official document or act. In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law.#
- (e)
Judgment. In pleading a judgment or decision of a domestic or foreign court, of a judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.#
- (f)
Time and place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.#
- (g)
Special damage. When items of special damage are claimed, they shall be specifically stated.#
Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.
History
Ga. L. 1966, p. 609, § 9; Ga. L. 2016, p. 864, § 9/HB 737.
Amendments
The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d).
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)-pdf.pdf, Volume V7, 2015 edition, 2025 supplement, pages 25 to 26; merge action: replaced; file SHA-256 77fea3e8736b.
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