Georgia Commons

Title 9. CIVIL PRACTICE

Chapter 3. LIMITATIONS OF ACTIONS

53 sections · 9-3-1 to 9-3-115

Article 1. GENERAL PROVISIONS

  1. 9-3-1Limitations against the state.
  2. 9-3-2Limitations against municipalities.
  3. 9-3-3Applicability of limitation statutes; equitable bar.
  4. 9-3-4Limitations as to trusts.Reserved
  5. 9-3-5Beneficiaries barred along with trustee.
  6. 9-3-6Applicability of limitations to setoffs.
  7. 9-3-7When mutual accounts postpone running of limitations.

Article 2. SPECIFIC PERIODS OF LIMITATION

  1. 9-3-20Actions on foreign judgments.
  2. 9-3-21Proceedings to set aside judgments.Reserved
  3. 9-3-22Enforcement of rights under statutes, acts of incorporation; recovery of wages, overtime, and damages.
  4. 9-3-23Sealed instruments.
  5. 9-3-24Actions on simple written contracts; exceptions.
  6. 9-3-25Open accounts; breach of certain contracts; implied promise; exception.
  7. 9-3-26Other actions on contracts; exception.
  8. 9-3-27Actions against fiduciaries.
  9. 9-3-28Actions by informers.
  10. 9-3-29Breach of restrictive covenant.
  11. 9-3-30Trespass or damage to realty.
  12. 9-3-30.1Actions against manufacturers or suppliers of asbestos or material containing asbestos.
  13. 9-3-30.2Actions against persons engaged in land surveying.
  14. 9-3-31Injuries to personalty.
  15. 9-3-32Accrual of actions for recovery of personal property or loss of timber; damages for conversion or destruction.
  16. 9-3-33Injuries to the person; injuries to reputation; loss of consortium; exception.
  17. 9-3-33.1Actions for childhood sexual abuse.
  18. 9-3-34Article not applicable to malpractice.
  19. 9-3-35Actions by creditor seeking relief under Uniform Voidable Transactions Act.
  20. 9-3-36Limitations on claims arising before decedent’s death.

Article 3. LIMITATIONS ON RECOVERY FOR DEFICIENCIES CONNECTED WITH IMPROVEMENTS TO REALTY AND RESULTING INJURIES

  1. 9-3-50Definitions.
  2. 9-3-51Limitations on recovery for deficiency in planning, supervising, or constructing improvement to realty or for resulting injuries to property or person.
  3. 9-3-52Limitation not available to owner or tenant.
  4. 9-3-53Period of limitations not extended.

Article 4. LIMITATIONS FOR MALPRACTICE ACTIONS

  1. 9-3-70“Action for medical malpractice” defined.
  2. 9-3-71General limitation.
  3. 9-3-72Foreign objects left in body.
  4. 9-3-73Certain disabilities and exceptions applicable.
  5. 9-3-74Barred actions not revived.

Article 5. TOLLING OF LIMITATIONS

  1. 9-3-90Individuals under disability or imprisoned when cause of action accrues.
  2. 9-3-91Disabilities suffered after accrual of cause.
  3. 9-3-92Five-year tolling for unrepresented estate — In favor of estate.
  4. 9-3-93Five-year tolling for unrepresented estate — In favor of creditors.
  5. 9-3-94Removal of defendant from state.
  6. 9-3-95Disability of one or more with joint right of action; effect of severability.
  7. 9-3-96Tolling of limitations for fraud of defendant.
  8. 9-3-97Limitations extended for counterclaims and cross-claims.
  9. 9-3-97.1Tolling of limitations for medical malpractice.
  10. 9-3-98Applicability of article.
  11. 9-3-99Tolling of limitations for tort actions while criminal prosecution is pending.

Article 6. REVIVAL

  1. 9-3-110New promise to be in writing.
  2. 9-3-111Written promise following discharge in bankruptcy.
  3. 9-3-112Payment or written acknowledgment equivalent to new promise.
  4. 9-3-113Effect of new promise.
  5. 9-3-114Whom new promise by joint contractor binds.
  6. 9-3-115Effect of new promise by partner.