§ 9-11-3. Commencement of Action; Filing of Civil Case Filing Form

1. A civil action is commenced by filing a complaint with the court.
2. At the time of filing the complaint for a civil action in superior court or state court, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain complete information and shall be substantially in the form prescribed by the Judicial Council of Georgia. The filing of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action.

History. Ga. L. 1966, p. 609, § 3; Ga. L. 2000, p. 850, § 1; Ga. L. 2001, p. 4, § 9; Ga. L. 2006, p. 648, § 1/HB 1195; Ga. L. 2017, p. 632, § 2-1/SB 132.

The 2017 amendment, effective January 1, 2018, substituted “by the Judicial Council of Georgia” for “in Code Section 9-11-133” at the end of the second sentence of subsection (b).

Cross references.

Authority of Superior Court clerks, § 15-6-60 .

Editor’s notes.

Ga. L. 2000, p. 4, § 10, not codified by the General Assembly, provides that the amendment to this Code section is applicable to civil actions commenced in superior or state court on or after July 1, 2000.

Ga. L. 2006, p. 648, § 3/HB 1195, not codified by the General Assembly, provides that the amendment to this Code section shall apply to actions and judgments filed on or after July 1, 2006.

U.S. Code.

For provisions of Federal Rules of Civil Procedure, Rule 3, and annotations pertaining thereto, see 28 U.S.C.

Law reviews.

For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006).

For note, “How to Fill a Procedural Loophole: Re-evaluating the Ragan and Walker Analysis in Light of Federal Rule of Civil Procedure 4(M),” see 52 Ga. L. Rev. 581 (2018).