Georgia Commons

Title 9. CIVIL PRACTICE

Chapter 10. CIVIL PRACTICE AND PROCEDURE GENERALLY

77 sections · 9-10-1 to 9-10-204

Article 1. GENERAL PROVISIONS

  1. 9-10-1Preference given to cases in which state is plaintiff.
  2. 9-10-2Actions against state void absent notice or waiver.
  3. 9-10-3Closed trials authorized in certain cases.
  4. 9-10-4Trial of collateral issues.
  5. 9-10-5Charges to be written out on request; exception; filing of written charges; copies.
  6. 9-10-6Juror’s private knowledge.
  7. 9-10-7Expression by judge of opinion in case reversible error.
  8. 9-10-8Approval or disapproval of verdict by judge forbidden; discharge or commendation of jury for verdict not permitted; judge expressing approval or disapproval disqualified from presiding at new trial.
  9. 9-10-9Jurors’ affidavits permitted to uphold but not impeach verdict.Reserved
  10. 9-10-10Cash bonds permitted; docketing.
  11. 9-10-11When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond.
  12. 9-10-12Certified mail equivalent to registered mail; sufficient compliance for notice by statutory overnight delivery.
  13. 9-10-13Effect of judgment on party vouched into court.
  14. 9-10-14Promulgation of form for use by inmates in actions against government.

Article 2. VENUE · Part 1. GENERAL PROVISIONS

  1. 9-10-30Proceedings in equity generally; injunctions to stay pending litigation; divorce cases.
  2. 9-10-31Actions against certain codefendants residing in different counties; pleading requirements; application.
  3. 9-10-31.1Forums outside this state; waiver of statute of limitations defense.
  4. 9-10-32Action against maker and endorser residing in different counties.
  5. 9-10-33Action against nonresident found in state.
  6. 9-10-34Action against third-party defendant.

Article 2. VENUE · Part 2. CHANGE OF VENUE

  1. 9-10-50When venue may be changed; how county for transfer to be selected; subsequent change of venue.
  2. 9-10-51Change of venue in action by county against county.
  3. 9-10-52Transmittal of transcript of order and record to court of transfer.
  4. 9-10-53Conduct of proceedings following transfer.
  5. 9-10-54Payment of costs accrued at time of transfer.

Article 3. SERVICE

  1. 9-10-70Service on resident minor over 14 temporarily outside state; return or refusal of receipt; time for filing defensive pleadings; appointment of guardian ad litem; effect of service on guardian or trustee.
  2. 9-10-71Service by publication on nonresidents or unknown persons with interest in property in state.
  3. 9-10-72Issuance of second original where defendants reside out of county.
  4. 9-10-73Acknowledgment of service or waiver of process.

Article 4. PERSONAL JURISDICTION OVER NONRESIDENTS

  1. 9-10-90“Nonresident” defined.
  2. 9-10-91Grounds for exercise of personal jurisdiction over nonresident.
  3. 9-10-92Effect of appearance.
  4. 9-10-93Venue.
  5. 9-10-94Service.

Article 5. VERIFICATION

  1. 9-10-110Petitions for extraordinary equitable relief to be verified or supported by proof.
  2. 9-10-111When verified answer required; by whom made for corporate defendant.
  3. 9-10-112Verification of answer in action on open account.
  4. 9-10-113When verification sufficient.
  5. 9-10-114Use of verified answer as evidence; amendment of sworn answer.

Article 6. AMENDMENTS

  1. 9-10-130When affidavits amendable.
  2. 9-10-131Bonds in judicial proceedings amendable.
  3. 9-10-132Amendment of misnomers on motion.
  4. 9-10-133Mistake by clerk or ministerial officer.
  5. 9-10-134Amendment by negligent party; payment of costs; terms.
  6. 9-10-135Amendment of pleadings on court ruling not waiver of objection thereto.

Article 7. CONTINUANCES

  1. 9-10-150Grounds for continuance and stay — Attendance of party or attorney in General Assembly; writing requirement; considerations.
  2. 9-10-151Grounds for continuance — Attendance at board of regents or education meeting.
  3. 9-10-152Grounds for continuance — Attendance at meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities.
  4. 9-10-153Grounds for continuance — Service in National Guard; oath of party or statement of counsel.
  5. 9-10-154Grounds for continuance — Party providentially prevented from attendance; statement of counsel.
  6. 9-10-155Grounds for continuance — Illness or absence of counsel; oath of party.
  7. 9-10-156Grounds for continuance — Occupation of counsel as Attorney General in aid of General Assembly.
  8. 9-10-157When amending party granted continuance.
  9. 9-10-158Continuance to enable opposite party to meet amendment; when charged to amending party.
  10. 9-10-159Legislator attending General Assembly excused as witness; deposition in civil case.
  11. 9-10-160Continuance for absence of witness; what application to show.
  12. 9-10-161Denial of continuance for absence of witness or testimony where opposite party makes admission.
  13. 9-10-162Continuance after case sent back by appellate court.
  14. 9-10-163Continuance of appeals case.
  15. 9-10-164Continuances for one term only.
  16. 9-10-165Case not reached continued.
  17. 9-10-166Diligence to be shown by applicant for continuance.
  18. 9-10-167Continuance in discretion of court; countershowing to motion for continuance.
  19. 9-10-168When postponement substituted for continuance.
  20. 9-10-169Announcement and docketing of continuance.

Article 8. ARGUMENT AND CONDUCT OF COUNSEL

  1. 9-10-180Time limit for arguments.
  2. 9-10-181Extension of time limit for argument after application therefor.
  3. 9-10-182Number of counsel who may argue case.
  4. 9-10-183Use of blackboard, models, or similar devices in argument.
  5. 9-10-184Limitations on counsel on arguing damages; remedial measures for violations; conduct of voir dire as to damages.
  6. 9-10-185Prejudicial statements by counsel; prevention by court; rebuke of counsel and instruction to jury; mistrial.
  7. 9-10-186Opening and closing arguments.

Article 9. GENERAL CIVIL FORMS

  1. 9-10-200Action for recovery of realty and mesne profits.
  2. 9-10-201Action for recovery of personalty.
  3. 9-10-202Action to recover money on a judgment.
  4. 9-10-203Action for breach of warranty in deed.
  5. 9-10-204Action for words.