2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 9-11-15. Amended and Supplemental Pleadings

Universal Citation: GA Code § 9-11-15 (2021)
  1. 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 so requires. A party may plead or move in response to an amended pleading and, when required by an order of the court, shall plead within 15 days after service of the amended pleading, unless the court otherwise orders.
  2. Amendments to conform to the evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of the evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet the evidence.
  3. Relation back of amendments. Whenever the claim or defense asserted in the amended pleading arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back to the date of the original pleadings if the foregoing provisions are satisfied, and if within the period provided by law for commencing the action against him the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
  4. Supplemental pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.

(Ga. L. 1966, p. 609, § 15; Ga. L. 1968, p. 1104, § 4; Ga. L. 1972, p. 689, § 6.)

Cross references.

- Effect of negligence or delay by party applying for leave to amend pleadings, § 9-10-134.

Provision that amendment of pleadings pursuant to court order does not constitute waiver of objection to order, § 9-10-135.

U.S. Code.

- For provisions of Federal Rules of Civil Procedure, Rule 15, see 28 U.S.C.

Law reviews.

- For article discussing flexibility necessary for operation of amendment statutes, see 12 Ga. B.J. 127 (1949). For article surveying the law in Georgia on admissions, see 8 Mercer L. Rev. 252 (1957). For article, "Synopses of 1968 Amendments of the Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B.J. 503 (1968). For article discussing the historical background of the doctrine of tender and the application in Georgia of tender requirements, and proposing reforms, see 21 Mercer L. Rev. 413 (1969). For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 3 Mercer L. Rev. 109 (1981). For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For annual survey article on legal ethics, see 56 Mercer L. Rev. 315 (2004). For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006). For annual survey on trial practice and procedure, see 61 Mercer L. Rev. 363 (2009). For article, "Fisher v. Gala: O.C.G.A. § 9-11-9.1(e) Keeping Malpractice Claims Afloat," see 66 Mercer L. Rev. 817 (2015). For annual survey on torts law, see 69 Mercer L. Rev. 299 (2017). For comment on Leniston v. Bonfiglio, 138 Ga. App. 151, 226 S.E.2d 1 (1976), see 28 Mercer L. Rev. 559 (1977).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Amendments, Generally
  • Amendments After Verdicts or Judgment
  • Amendments to Conform to Evidence
  • Relation Back of Amendments
  • Supplemental Pleadings

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, §§ 239, 240, 241, 391. 59 Am. Jur. 2d, Parties, § 402 et seq. 61A Am. Jur. 2d, Pleading, §§ 662 et seq., 693 et seq. 61B Am. Jur. 2d, Pleading, § 737 et seq.

19B Am. Jur. Pleading and Practice Forms, Pleading, §§ 151, 184.

C.J.S.

- 35A C.J.S., Federal Civil Procedure, §§ 173, 290, 313 et seq., 330 et seq. 35B C.J.S., Federal Civil Procedure, §§ 1058, 1136. 36 C.J.S., Federal Courts, §§ 614 et seq, 639 et seq. 71 C.J.S., Pleading, § 279 et seq.

ALR.

- Effect of proving case not pleaded where amendment cannot be made, 29 A.L.R. 638.

Amendment of pleading to correct designation of court or judge, 65 A.L.R. 709.

Amendment of process or pleading by changing description or characterization of party from corporation to individual, partnership, or other association, or vice versa, 121 A.L.R. 1325.

Amendment of process or pleading by changing or correcting mistake in name of party, 124 A.L.R. 86.

Variance between pleading and proof in suit for specific performance of oral agreement of decedent to leave property at death, 130 A.L.R. 231.

Substitution of plaintiff as proper subject for amendment of complaint, 135 A.L.R. 325.

Amendment of pleading after limitation period changing from allegation of negligence to allegation of fraud, or vice versa, 141 A.L.R. 1363.

Amendment of petition or complaint after statute of limitations has run, by reinstating codefendant who had been dismissed from the action otherwise than upon merits, 143 A.L.R. 1182.

Power of court to award alimony or property settlement in divorce suit as affected by failure of pleading or notice to make a claim therefor, 152 A.L.R. 445.

Change in party after statute of limitations has run, 8 A.L.R.2d 6.

Admissibility, in vehicle accident case, of evidence of opposing party's intoxication where litigant's pleading failed to allege such fact, 26 A.L.R.2d 359.

Amendment of pleadings to assert statute of limitations, 59 A.L.R.2d 169.

Failure to give notice of application for default judgment where notice is required only by custom, 28 A.L.R.3d 1383.

Amendment, after expiration of time for filing motion for new trial in civil case, of motion made in due time, 69 A.L.R.3d 845.

Medical malpractice: amendment purporting to change the nature of the action or theory of recovery, made after statute of limitations has run, as relating back to filing of original complaint, 70 A.L.R.3d 82.

Right to amend pending personal injury action by including action for wrongful death after statute of limitations has run against independent death action, 71 A.L.R.3d 933.

Relation back of amended pleading substituting true name of defendant for fictitious name used in earlier pleading so as to avoid bar of limitations, 85 A.L.R.3d 130.

Amendment of pleading after limitation has run, so as to set up subsequent appointment as executor or administrator or plaintiff who professed to bring the action in that capacity without previous valid appointment, 27 A.L.R.4th 198.

Rule 15(c), Federal Rules of Civil Procedure, or state law as governing relation back of amended pleading, 100 A.L.R. Fed. 880.

Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - products liability cases, 93 A.L.R.6th 463.

Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - wrongful death cases, 94 A.L.R.6th 111.

Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - medical malpractice cases against physicians and other individual health care providers, 95 A.L.R.6th 85.

Application of relation back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: individual drivers, parents, owners or lessors, and passengers, 97 A.L.R.6th 375.

Application of relation-back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: corporations, municipalities, insurers, and employers, 98 A.L.R.6th 93.

Application of relation-back doctrine permitting change in party after statute of limitations has run in state court action - motor vehicle accident or injury cases: estates, and other or unspecified parties, 99 A.L.R.6th 1.

Application of relation-back doctrine permitting change in party after statute of limitations has run in state court action - construction cases, 104 A.L.R.6th 1.

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