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§ 9-11-10. Form of Pleadings

Caption; names of parties.    Every pleading shall contain a caption setting forth the name of the court and county, the title of the action, the file number, and a designation as in subsection (a) of Code Section 9-11-7. In the complaint the title of the action shall include the names of all the parties, […]

§ 9-11-11. Signing of Pleadings; When Verification Required; Rule Abolished

Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading and state his address. The signature of an attorney constitutes a certificate by him […]

§ 9-11-11.1. Exercise of Rights of Freedom of Speech and to Petition Government for Redress of Grievances; Legislative Findings; Verification of Claims; Definitions; Procedure on Motions; Exception; Fees and Expenses

The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance and public interest through the exercise of their constitutional rights of petition and freedom of speech. The General Assembly of Georgia further finds and declares that the […]

§ 9-11-13. Counterclaim and Cross-Claim

Compulsory counterclaims.    A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence […]

§ 9-11-14. Third-Party Practice

When defendant may bring in third party.    At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff […]

§ 9-11-15. Amended and Supplemental Pleadings

Amendments.    A party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order. Thereafter the party may amend his pleading only by leave of court or by written consent of the adverse party. Leave shall be freely given when justice […]

§ 9-11-16. Pretrial Procedure; Formulating Issues; Order; Calendar

Upon the motion of any party, or upon its own motion, the court shall direct the attorneys for the parties to appear before it for a conference to consider: The simplification of the issues; The necessity or desirability of amendments to the pleadings; The possibility of obtaining admissions of fact and of documents which will […]

§ 9-11-7. Pleadings Allowed; Form of Motions

Pleadings.    There shall be a complaint and an answer; a third-party complaint, if a person who is not an original party is summoned under Code Section 9-11-14; and a third-party answer, if a third-party complaint is served. There may be a reply to a counterclaim denominated as such and an answer to a cross-claim, […]

§ 9-11-8. General Rules of Pleading

Claims for relief. “Action for medical malpractice” defined.    As used in this Code section, the term “action for medical malpractice” means any claim for damages resulting from the death of or injury to any person arising out of: Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized […]

§ 9-11-9. Pleading Special Matters

Capacity.    It is not necessary to aver the capacity of a party to bring or defend an action, the authority of a party to bring or defend an action in a representative capacity, or the legal existence of an organized association of persons that is made a party. When a party desires to raise […]

§ 9-11-9.1. Affidavit to Accompany Charge of Professional Malpractice

In any action for damages alleging professional malpractice against: A professional licensed by the State of Georgia and listed in subsection (g) of this Code section; A domestic or foreign partnership, corporation, professional corporation, business trust, general partnership, limited partnership, limited liability company, limited liability partnership, association, or any other legal entity alleged to be […]

§ 9-11-9.2. Medical Authorization Forms; Review of Protected Health Information

In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (g) of Code Section 9-11-9.1, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (g) of Code […]