2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 9-11-9. Pleading Special Matters

1. Capacity. It is not necessary to aver the capacity of a party to bring or defend an action, the authority of a party to bring or defend an action in a representative capacity, or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to bring or defend an action, or the authority of a party to bring or defend an action in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
2. Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstance constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
3. Conditions precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.
4. Official document or act. In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law.
5. Judgment. In pleading a judgment or decision of a domestic or foreign court, of a judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
6. Time and place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.
7. Special damage. When items of special damage are claimed, they shall be specifically stated.

(Ga. L. 1966, p. 609, § 9; Ga. L. 2016, p. 864, § 9/HB 737.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d).

- Form of complaint for money paid by mistake, see § 9-11-107.

- For provisions of Federal Rules of Civil Procedure, Rule 9, see 28 U.S.C.

- For article discussing liability of corporate directors, officers, and shareholders under the Georgia Business Corporation Code, and as affected by provisions of the Georgia Civil Practice Act, see 7 Ga. St. B.J. 277 (1971). For article, "Georgia's 'Door-Closing' Statute: Who Bears the Burden?," see 24 Ga. St. B.J. 141 (1988). For annual survey article on legal ethics, see 56 Mercer L. Rev. 315 (2004). For survey article on law of torts, see 59 Mercer L. Rev. 397 (2007). For article, "The Georgia Taxpayer Protection and False Claims Act," see 65 Mercer L. Rev. 1 (2013). For comment, "Pleading Constructive Fraud in Securities Litigation - Avoiding Dismissal for Failure to Plead Fraud With Particularity," see 33 Emory L.J. 517 (1984).

ANALYSIS

• General Consideration
• Capacity
• Fraud, Mistake, and Mental Condition
• Conditions Precedent
• Special Damages

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Associations and Clubs, § 57. 19 Am. Jur. 2d, Corporations, §§ 1655, 1658, 1660. 37 Am. Jur. 2d, Fraud and Deceit, § 441 et seq. 61A Am. Jur. 2d, Pleading, § 195 et seq. 66 Am. Jur. 2d, Reformation of Instruments, § 10 et seq.

16 Am. Jur. Pleading and Practice Forms, Labor, § 2. 19B Am. Jur. Pleading and Practice Forms, Pleading, § 422.

- 35A C.J.S., Federal Civil Procedure, §§ 162, 243, 244, 250, 265, 267, 273, 294 et seq., 308. 71 C.J.S., Pleading, §§ 5, 11, 19, 20, 23, 29, 72, 78, 79, 80, 94, 153, 606.

- Form of pleading necessary to raise issue of corporate existence, 55 A.L.R. 510.

Right of foreign corporation to plead statute of limitations, 59 A.L.R. 1336; 122 A.L.R. 1194.

Necessity of alleging permanency of injury in order to recover damages as for a permanent injury, 68 A.L.R. 490.

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.

Sufficiency of allegations of loss of patronage or profits to permit recovery of special damages from false publication, 86 A.L.R. 848.

May payment be proved under general issue or general denial, or must it be specially pleaded, 100 A.L.R. 264.

Time requirements prescribed by statute granting right to sue United States or a state as a condition of jurisdiction which renders it unnecessary to plead specially their breach in defense, 106 A.L.R. 215.

Form and particularity of allegations to raise issue of undue influence, 107 A.L.R. 832.

Pleading duress as a conclusion, 119 A.L.R. 997.

Manner and sufficiency of pleading foreign law, 134 A.L.R. 570.

Necessary allegations in a declaration or complaint in action against physician or surgeon based on wrong diagnosis, 134 A.L.R. 683.

Necessity and sufficiency of pleading custom or usage, 151 A.L.R. 324.

Pleading aggravation of a pre-existing physical condition, 32 A.L.R.2d 1447.

Sufficiency of plaintiffs allegations in defamation action as to defendant's malice, 76 A.L.R.2d 696.

Necessity and manner, in personal injury or death action, of pleading special damages in the nature of medical, nursing, and hospital expenses, 98 A.L.R.2d 746.

Propriety and prejudicial effect of reference by plaintiff's counsel, in jury trial of personal injuries or death action, to amount of damages claimed or expected by his client, 14 A.L.R.3d 541.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly D.C. Circuit Cases, 37 A.L.R. Fed. 3d Art. 1.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Fourth Circuit Cases, 37 A.L.R. Fed. 3d Art. 2.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Sixth Circuit Cases, 37 A.L.R. Fed. 3d Art. 3.

Effect of 8 U.S.C.A. § 1252(g) Upon Jurisdiction to Hear Federal Tort Claims Act Claims of Noncitizen Wrongfully Removed in Violation of Court Order or Automatic Stay, 37 A.L.R. Fed. 3d Art. 4.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Tenth Circuit Cases, 37 A.L.R. Fed. 3d Art. 14.

What Constitutes Insolvency in Bankruptcy Preference Statute, 11 U.S.C.A. § 547(b)(3), 40 A.L.R. Fed. 3d Art. 2.

"Covered Person" Under the Consumer Financial Protection Act of 2010 (12 U.S.C.A. § 5481(6)(A)), 40 A.L.R. Fed. 3d Art. 3.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Second Circuit Cases, 40 A.L.R. Fed. 3d Art. 5.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Seventh Circuit Cases, 41 A.L.R. Fed. 3d Art. 3.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Eleventh Circuit Cases, 41 A.L.R. Fed. 3d Art. 4.

Issues Arising Under Enumeration Clause, U.S. Const. Art. I, § 2, cl. 3, 41 A.L.R. Fed. 3d Art. 6.

2018 to 2019 A.L.R. United States Supreme Court Review, 42 A.L.R. Fed. 3d Art. 1.

Actions Under Medicaid Federally Qualified Health Center (FQHC) Reimbursement Statute, 42 U.S.C.A. § 1396a(bb), 42 A.L.R. Fed. 3d Art. 4.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Third Circuit Cases, 42 A.L.R. Fed. 3d Art. 5.

Application of National Environmental Policy Act (NEPA) Anti-segmentation Principle to Natural Gas, Oil, or Petroleum Products Pipeline Projects, 42 A.L.R. Fed. 3d Art. 6.

Claims of Sentencing Factor Manipulation and Sentencing Entrapment Under Federal Sentencing Guidelines in Drug Prosecutions, 42 A.L.R. Fed. 3d Art. 7.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Ninth Circuit Cases, 43 A.L.R. Fed. 3d Art. 2.

Housing Protections for Victims of Intimate Partner Violence Under Violence Against Women Act, 34 U.S.C.A. § 12491, 43 A.L.R. Fed. 3d Art. 4.

Derivative Standing in Chapters 7, 11, and 13 Bankruptcy Proceedings, 43 A.L.R. Fed. 3d Art. 6.

Suggestion of Immunity from Executive Branch for Foreign Sovereigns and Officials, 43 A.L.R. Fed. 3d Art. 7.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Fifth Circuit Cases, 46 A.L.R. Fed. 3d Art. 4.

Requirement of Fed. R. Civ. P. 9(b) that Circumstances Constituting Fraud or Mistake Be Stated with Particularity - Fourth Circuit Cases, 56 A.L.R. Fed. 3d Art. 2.

Requirement of Fed. R. Civ. Proc. 9(b) that Circumstances Constituting Fraud or Mistake be Stated with Particularity - Eighth Circuit Cases, 57 A.L.R. Fed. 3d 4.

Requirement of F.R.C.P. 9(b) that Circumstances Constituting Fraud or Mistake be Stated with Particularity - Sixth Circuit Cases, 57 A.L.R. Fed. 3d 5.

Requirement of Fed. R. Civ. P. 9(b) that Circumstances Constituting Fraud or Mistake be Stated with Particularity - Selected Second Circuit Cases, 59 A.L.R. Fed. 3d 1.

Requirement of Fed. R. Civ. Proc. 9(b) that Circumstances Constituting Fraud or Mistake Be Stated with Particularity - Third Circuit Cases, 59 A.L.R. Fed. 3d 2.