Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 2. ACTIONS GENERALLY · Article 4. DISMISSAL AND RENEWAL

9-2-62. Retraxit and dismissal or discontinuance distinguished.

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

A retraxit differs from a dismissal or discontinuance in that a retraxit is the open, public, and voluntary renunciation by the plaintiff in open court of his action or cause of action. It is positive and conclusive of the plaintiff’s right of action. Where a retraxit is entered by the plaintiff and a judgment is entered thereon by the defendant, the plaintiff’s right of action shall be forever gone. A dismissal or discontinuance is negative, and the plaintiff may recommence his action on the payment of costs.

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

Orig. Code 1863, §§ 3378, 3379; Code 1868, §§ 3397, 3398; Code 1873, §§ 3445, 3446; Code 1882, §§ 3445, 3446; Civil Code 1895, §§ 5042, 5043; Civil Code 1910, §§ 5624, 5625; Code 1933, §§ 3-507, 3-508; Ga. L. 1967, p. 226, § 38.

Law reviews

For article, “The 1967 Amendments to the Georgia Civil Practice Act and the Appellate Procedure Act,” see 3 Ga. St. B.J. 383 (1967).

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

Text read from t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, page 151; merge action: carried; file SHA-256 ea8a520ad52f.