2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 1 - Scope of Rules and Form of Action
§ 9-11-1. Scope of Chapter; Construction
This chapter governs the procedure in all courts of record of this state in all actions of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Code Section 9-11-81. This chapter shall be construed to secure the just, speedy, and inexpensive determination of every action. This chapter shall also apply to courts which are not courts of record to the extent that no other rule governing a particular practice or procedure of such courts is prescribed by general or local law applicable to such courts.
(Ga. L. 1966, p. 609, § 1.)
Law reviews.- For article advocating specialized pleadings and procedures to meet needs of juvenile court practice, see 23 Mercer L. Rev. 341 (1972). For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982). For article discussing the scope of the "Civil Practice Act," see 19 Ga. St. B.J. 130 (1983). For article surveying trial practice and procedure in 1984-1985, see 37 Mercer L. Rev. 413 (1985). For article, "Business Associations," see 53 Mercer L. Rev. 109 (2001). For note, "Georgia's Approach to Proportionality and Sanctions for the Spoliation of Electronically Stored Information,” see 37 Ga. St. U.L. Rev. 603 (2021).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Courts to Which Chapter Applicable
Justice of the peace court is not a court of record, and it is therefore not subject to the Civil Practice Act (see now O.C.G.A. Ch. 11, T. 9). 1967 Op. Att'y Gen. No. 67-351.
City Court of Albany is a court of record within the meaning of the Civil Practice Act (see now O.C.G.A. Ch. 11, T. 9). 1974 Op. Att'y Gen. No. U74-31.
Neither Professional Practices Commission nor local board of education is a court of record for purposes of the Civil Practice Act (see now O.C.G.A. Ch. 11, T. 9) and, therefore, such commission is without authority to compel a party to proceeding before it to submit to medical examination pursuant to Ga. L. 1972, p. 510, § 8 (see now O.C.G.A. § 9-11-35). 1977 Op. Att'y Gen. No. 77-48.
RESEARCH REFERENCES
Am. Jur. 2d.
- 1 Am. Jur. 2d, Actions, § 20. 32 Am. Jur. 2d, Federal Courts, § 20.
1 Am. Jur. Pleading and Practice Forms, Accord and Satisfaction, § 33.
C.J.S.- 35A C.J.S., Federal Civil Procedure, §§ 10, 16, 17.
