Actions Against State Void Absent Notice or Waiver

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Civil Practice and Procedure Generally
  5. General Provisions
  6. Actions Against State Void Absent Notice or Waiver

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Any verdict, decision, judgment, decree, order, ruling, or other judicial action by any court in this state in any matter in which this state or an official of this state in his official capacity is a party defendant, intervenor, respondent, appellee, or plaintiff in fi. fa. shall be void unless it affirmatively appears as a matter of record either:

  1. That the Attorney General was given five days' advance written notice by the adverse party or his attorney of the time set for the particular trial, hearing, or other proceeding as a result of which the verdict, decision, judgment, decree, order, ruling, or other judicial action was entered;
  2. That the Attorney General or an assistant attorney general was present in person at the trial, hearing, or other proceeding; or
  3. That the Attorney General or an assistant attorney general has, in writing, waived the notice.

(Ga. L. 1956, p. 625, § 1; Ga. L. 2007, p. 47, § 9/SB 103.)

The 2007 amendment, effective May 11, 2007, part of an Act to revise, modernize, and correct the Code, deleted "or" at the end of paragraph (1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, §§ 471, 657, 658. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 97, 119.

C.J.S.

- 49 C.J.S., Judgment, § 22. 82 C.J.S., Statutes, § 380.

ALR.

- Consent to suit against state, 42 A.L.R. 1464; 50 A.L.R. 1408.

Waiver of, or estoppel to assert, failure to give required notice of claim of injury to municipality, county, or other governmental agency or body, 65 A.L.R.2d 1278.

Forum non conveniens in products liability cases, 76 A.L.R.4th 22.

Questions as to Convenience and Justice of Transfer Under Forum Non Conveniens Provision of Judicial Code (28 U.S.C.A. § 1404(a)) - Appellate Patent Cases, 32 A.L.R. Fed. 3d 3.


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