2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 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, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. A party whose name is not known may be designated by any name; and, when his true name is discovered, the pleading may be amended accordingly.
- Paragraphs; separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
- Adoption by reference; exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
(Ga. L. 1966, p. 609, § 10; Ga. L. 1967, p. 226, § 47.)
Cross references.- Juvenile Court forms, Uniform Rules for the Juvenile Courts of Georgia, Rule 3.8.
U.S. Code.- For provisions of Federal Rules of Civil Procedure, Rule 10, see 28 U.S.C.
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Name of Court
- Names of Parties
- Exhibits
RESEARCH REFERENCES
Am. Jur. 2d.
- 61A Am. Jur. 2d, Pleading, § 31 et seq.
C.J.S.- 35A C.J.S., Federal Civil Procedure, §§ 238, 251, 289, 292, 389. 71 C.J.S., Pleading, §§ 43 et seq., 64, 68, 74, 86, 87, 90, 117, 118, 259.
ALR.- Necessity of pleading that tort was committed by servant, in action against master, 4 A.L.R.2d 292.
Propriety of attaching photographs to a pleading, 33 A.L.R.3d 322.
Dismissal of state court action for plaintiff 's failure or refusal to obey court order relating to pleadings or parties, 3 A.L.R.5th 237.
Propriety and effect of use of fictitious name of plaintiff in federal court, 97 A.L.R. Fed. 369.
Propriety of use of fictitious name of defendant in federal district court, 139 A.L.R. Fed 553.