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Repealed by Ga. L. 1990, p. 573, § 1, effective December 1, 1990.

Editor's notes.

- This Code section was based on Ga. L. 1990, p. 573, § 1.

CHAPTER 10 CIVIL PRACTICE AND PROCEDURE GENERALLY Article 1 General Provisions.
  • 9-10-1. Preference given to cases in which state is plaintiff.
  • 9-10-2. Actions against state void absent notice or waiver.
  • 9-10-3. Closed trials authorized in certain cases.
  • 9-10-4. Trial of collateral issues.
  • 9-10-5. Charges to be written out on request; exception; filing of written charges; copies.
  • 9-10-6. Juror's private knowledge.
  • 9-10-7. Expression by judge of opinion in case reversible error.
  • 9-10-8. Approval 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.
  • 9-10-9. Jurors' affidavits permitted to uphold but not impeach verdict [Repealed].
  • 9-10-10. Cash bonds permitted; docketing.
  • 9-10-11. When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond.
  • 9-10-12. Certified mail equivalent to registered mail; sufficient compliance for notice by statutory overnight delivery.
  • 9-10-13. Effect of judgment on party vouched into court.
  • 9-10-14. Promulgation of form for use by inmates in actions against government.
Article 2 Venue. Part 1 GENERAL PROVISIONS.
  • 9-10-30. Proceedings in equity generally; injunctions to stay pending litigation; divorce cases.
  • 9-10-31. Actions against certain codefendants residing in different counties; pleading requirements; application.
  • 9-10-31.1. Forums outside this state; waiver of statute of limitations defense.
  • 9-10-32. Action against maker and endorser residing in different counties.
  • 9-10-33. Action against nonresident found in state.
  • 9-10-34. Action against third-party defendant.
Part 2 CHANGE OF VENUE.
  • 9-10-50. When venue may be changed; how county for transfer to be selected; subsequent change of venue.
  • 9-10-51. Change of venue in action by county against county.
  • 9-10-52. Transmittal of transcript of order and record to court of transfer.
  • 9-10-53. Conduct of proceedings following transfer.
  • 9-10-54. Payment of costs accrued at time of transfer.
Article 3 Service.
  • 9-10-70. Service 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.
  • 9-10-71. Service by publication on nonresidents or unknown persons with interest in property in state.
  • 9-10-72. Issuance of second original where defendants reside out of county.
  • 9-10-73. Acknowledgment of service or waiver of process.
Article 4 Personal Jurisdiction over Nonresidents.
  • 9-10-90. "Nonresident" defined.
  • 9-10-91. Grounds for exercise of personal jurisdiction over nonresident.
  • 9-10-92. Effect of appearance.
  • 9-10-93. Venue.
  • 9-10-94. Service.
Article 5 Verification.
  • 9-10-110. Petitions for extraordinary equitable relief to be verified or supported by proof.
  • 9-10-111. When verified answer required; by whom made for corporate defendant.
  • 9-10-112. Verification of answer in action on open account.
  • 9-10-113. When verification sufficient.
  • 9-10-114. Use of verified answer as evidence; amendment of sworn answer.
Article 6 Amendments.
  • 9-10-130. When affidavits amendable.
  • 9-10-131. Bonds in judicial proceedings amendable.
  • 9-10-132. Amendment of misnomers on motion.
  • 9-10-133. Mistake by clerk or ministerial officer.
  • 9-10-134. Amendment by negligent party; payment of costs; terms.
  • 9-10-135. Amendment of pleadings on court ruling not waiver of objection thereto.
Article 7 Continuances.
  • 9-10-150. Grounds for continuance and stay - Attendance of party or attorney in General Assembly; writing requirement; considerations.
  • 9-10-151. Grounds for continuance - Attendance at board of regents or education meeting.
  • 9-10-152. Grounds for continuance - Attendance at meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities.
  • 9-10-153. Grounds for continuance - Service in National Guard; oath of party or statement of counsel.
  • 9-10-154. Grounds for continuance - Party providentially prevented from attendance; statement of counsel.
  • 9-10-155. Grounds for continuance - Illness or absence of counsel; oath of party.
  • 9-10-156. Grounds for continuance - Occupation of counsel as Attorney General in aid of General Assembly.
  • 9-10-157. When amending party granted continuance.
  • 9-10-158. Continuance to enable opposite party to meet amendment; when charged to amending party.
  • 9-10-159. Legislator attending General Assembly excused as witness; deposition in civil case.
  • 9-10-160. Continuance for absence of witness; what application to show.
  • 9-10-161. Denial of continuance for absence of witness or testimony where opposite party makes admission.
  • 9-10-162. Continuance after case sent back by appellate court.
  • 9-10-163. Continuance of appeals case.
  • 9-10-164. Continuances for one term only.
  • 9-10-165. Case not reached continued.
  • 9-10-166. Diligence to be shown by applicant for continuance.
  • 9-10-167. Continuance in discretion of court; countershowing to motion for continuance.
  • 9-10-168. When postponement substituted for continuance.
  • 9-10-169. Announcement and docketing of continuance.
Article 8 Argument and Conduct of Counsel.
  • 9-10-180. Time limit for arguments.
  • 9-10-181. Extension of time limit for argument after application therefor.
  • 9-10-182. Number of counsel who may argue case.
  • 9-10-183. Use of blackboard, models, etc., in argument.
  • 9-10-184. Value of pain and suffering may be argued.
  • 9-10-185. Prejudicial statements by counsel; prevention by court; rebuke of counsel and instruction to jury; mistrial.
  • 9-10-186. Opening and closing arguments.
Article 9 General Civil Forms.
  • 9-10-200. Action for recovery of realty and mesne profits.
  • 9-10-201. Action for recovery of personalty.
  • 9-10-202. Action to recover money on a judgment.
  • 9-10-203. Action for breach of warranty in deed.
  • 9-10-204. Action for words.
Cross references.

- Criminal penalties for unlawfully influencing jurors, influencing witnesses, tampering with evidence, § 16-10-90 et seq.

Law reviews.

- For article comparing the Federal Rules of Civil Procedure to Georgia trial practice procedures prior to the adoption of the Civil Practice Act (Ch. 11 of this title), see 1 Ga. St. B.J. 315 (1965). For annual survey on trial practice and procedure, see 36 Mercer L. Rev. 347 (1984). For annual survey on trial practice and procedure, see 44 Mercer L. Rev. 421 (1992). For annual survey article on trial practice and procedure, see 45 Mercer L. Rev. 459 (1993). For survey of 1995 Eleventh Circuit cases on trial practice and procedure, see 47 Mercer L. Rev. 907 (1996). For annual survey article on trial practice and procedure, see 49 Mercer L. Rev. 313 (1997). For annual survey article on trial practice and procedure, see 50 Mercer L. Rev. 359 (1998).

RESEARCH REFERENCES

Opening Statements - Plaintiff's View, 5 Am .Jur. Trials 285.

Opening Statement - Defense View, 5 Am. Jur. Trials 305.

Mapping the Trial - order of Proof, 5 Am. Jur. Trials 505.

Presenting Plaintiff's Case, 5 Am. Jur. Trials 611.

Summations for the Plaintiff, 6 Am. Jur. Trials 641.

Summations for the Defense, 6 Am. Jur. Trials 731.

Nonjury Summations, 6 Am. Jur. Trials 771.

Principles of Summation, 28 Am. Jur. Trials 599.

Use of Jury Consultant in Civil Cases, 49 Am. Jur. Trials 407.

Persuasive Cross-Examination, 59 Am. Jur. Trials 1.

The Trial Lawyer's Persuasive Speaking Voice, 81 Am. Jur. Trials 317.

ARTICLE 1 GENERAL PROVISIONS


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