Georgia Commons

Title 9. CIVIL PRACTICE

Chapter 2. ACTIONS GENERALLY

31 sections · 9-2-1 to 9-2-63

Article 1. GENERAL PROVISIONS

  1. 9-2-1Definitions.
  2. 9-2-2Actions in personam; actions in rem.
  3. 9-2-3Remedy for every right.
  4. 9-2-4Pursuit of consistent or inconsistent remedies.
  5. 9-2-5Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception.
  6. 9-2-6Demand prior to action not necessary.
  7. 9-2-7Implied promise to pay for services or property.
  8. 9-2-8Private rights of action not created unless expressly stated.

Article 2. PARTIES

  1. 9-2-20Parties to actions on contracts; action by beneficiary.
  2. 9-2-21Parties to actions for torts; notice to Department of Community Health for a party who has received medical assistance benefits.
  3. 9-2-22Joinder of defendants in action for deficiencies in construction.
  4. 9-2-23Separate action by tenant in common.
  5. 9-2-24Action by unincorporated association.
  6. 9-2-25Action against unincorporated association; service of process; venue; what property bound by judgment.
  7. 9-2-26Prosecution of action against less than all joint contractors or copartners.
  8. 9-2-27Action against representative of joint obligor.
  9. 9-2-28Effect of action by minor alone.
  10. 9-2-29Plaintiff in penal action.
  11. 9-2-30Substitution of plaintiff’s spouse or others in action on chose in action assigned as year’s support.

Article 3. ABATEMENT

  1. 9-2-40No abatement on death of party where cause survives.
  2. 9-2-41Nonabatement of tort actions; survival of cause; no punitive damages against representative.
  3. 9-2-42Death of one or more codefendants; suggestion of record.
  4. 9-2-43No abatement where some defendants not liable.
  5. 9-2-44Effect of former recovery; pendency of former action.
  6. 9-2-45No abatement for pendency of action in another state.
  7. 9-2-46Institution of action on same cause in other state; setting case in this state; postponement limited.
  8. 9-2-47Precedence of first filed informer’s action; abatement of others.

Article 4. DISMISSAL AND RENEWAL

  1. 9-2-60Dismissal for want of prosecution; costs; recommencement within six months.
  2. 9-2-61Renewal of case after dismissal.
  3. 9-2-62Retraxit and dismissal or discontinuance distinguished.
  4. 9-2-63Affidavit of indigence for renewal of action.