2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 2 - Commencement of Action and Service
§ 9-11-6. Time

Universal Citation: GA Code § 9-11-6 (2021)
  1. Computation. In computing any period of time prescribed or allowed by this chapter, by the rules of any court, by order of court, or by an applicable statute, the computation rules prescribed in paragraph (3) of subsection (d) of Code Section 1-3-1 shall be used.
  2. Extension of time. When by this chapter or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the parties, by written stipulation of counsel filed in the action, may extend the period, or the court for cause shown may at any time in its discretion (1) with or without motion or notice, order the period extended if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect; provided, however, that no extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict.
  3. Unaffected by expiration of term. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court, except as otherwise specifically provided by law. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which has been pending before it, except as otherwise specifically provided by law.
  4. For motions; for affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by this chapter or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion. Opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time.
  5. Additional time after service by mail or e-mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon the party by mail or e-mail, three days shall be added to the prescribed period.

(Ga. L. 1966, p. 609, § 6; Ga. L. 1967, p. 226, §§ 5, 6; Ga. L. 1985, p. 648, § 2; Ga. L. 2009, p. 73, § 3/HB 29.)

Cross references.

- Computation of time in regard to exercise of privileges or discharge of duties prescribed or required by election laws, § 21-2-14.

Procedure regarding making of motions for new trial generally, § 5-5-40 et seq.

Editor's notes.

- Ga. L. 2009, p. 73, § 5/HB 29, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to motions to dismiss filed after July 1, 2009.

U.S. Code.

- For provisions of Federal Rules of Civil Procedure, Rule 6, see 28 U.S.C.

Law reviews.

- For survey article on death penalty decisions from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 175 (2003).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Computation of Time
  • Extension of Time
  • Expiration of Term
  • Motions and Affidavits
  • Additional Time after Mailing

RESEARCH REFERENCES

Am. Jur. 2d.

- 61B Am. Jur. 2d, Pleading, § 856 et seq. 74 Am. Jur. 2d, Time, § 12 et seq.

C.J.S.

- 35A C.J.S., Federal Civil Procedure, § 23. 71 C.J.S., Pleading, § 167 et seq. 86 C.J.S., Time, §§ 4, 16.

ALR.

- Interlocutory decree as subject to modification after term other than for correction of clerical errors, 169 A.L.R. 121.

Difference between date of affidavit for service by publication and date of filing or of order for publication as affecting validity of service, 46 A.L.R.2d 1364.

Effectiveness of stipulation of parties or attorneys, notwithstanding its violating form requirements, 7 A.L.R.3d 1394.

Validity of service of summons or complaint on Sunday or holiday, 63 A.L.R.3d 423.

Stipulation extending time to answer or otherwise proceed as waiver of objection to jurisdiction for lack of personal service: state cases, 77 A.L.R.3d 841.

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