2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 9-11-7. Pleadings Allowed; Form of Motions

1. 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, if the answer contains a cross-claim. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
2. Motions and other papers.
   1. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
   2. The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this chapter.
3. Demurrers, pleas, etc., abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.

(Ga. L. 1966, p. 609, § 7; Ga. L. 1967, p. 226, § 7.)

- For article discussing counterclaims and crossclaims under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 205 (1967). For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For note, "Default Judgments Under the Federal Rules of Civil Procedure and the Georgia Civil Practice Act," see 7 Ga. St. B.J. 385 (1971).

ANALYSIS

• General Consideration
• Pleadings
• Motions and Other Papers
• Abolishment of Demurrers, etc.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parties, § 275 et seq. 61A Am. Jur. 2d, Pleading, §§ 31 et seq., 107 et seq., 211 et seq., 373 et seq.

7C Counterclaim, Recoupment, and Setoff, § 3.

- 35A C.J.S., Federal Civil Procedure, §§ 236, 246, 289, 311, 312, 341, 342, 344, 350, 351, 354. 35B C.J.S., Federal Civil Procedure, § 902. 71 C.J.S., Pleading, §§ 3, 98 et seq., 183 et seq., 213.

- Pleadings containing self-serving declarations as evidence, 1 A.L.R. 39.

Application of doctrine of res judicata to item of single cause of action omitted from issues through ignorance, mistake, or fraud, 2 A.L.R. 534; 142 A.L.R. 905.

Counterclaim or set-off as affecting rule as to part payment of a liquidated and undisputed debt, 4 A.L.R. 474; 53 A.L.R. 768.

Proof of issues in previous action where no pleadings were filed, 10 A.L.R. 1502.

Admissibility of pleadings for purposes other than the establishment of the facts set out therein, 14 A.L.R. 103.

May unconstitutionality of statute be raised by demurrer to pleading, 71 A.L.R. 1194.

Amendment of pleadings after limitation has run by change in capacity in which suit is prosecuted, 74 A.L.R. 1269.

Amendment of pleading after limitation period by substituting new defendant, or changing allegations as to capacity in which defendant is sued or the theory upon which defendant is sought to be held responsible for another's wrong, as stating a new cause of action, 74 A.L.R. 1280.

Necessity and sufficiency of reply to answer pleading of statute of limitations, 115 A.L.R. 755.

Burden of allegation and proof in civil cases as regards exception in statute, 130 A.L.R. 440.

Pleading last clear chance doctrine, 25 A.L.R.2d 254.

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.