2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 7 - Judgment
§ 9-11-60. Relief From Judgments

- Ground for new trial generally, § 5-5-20 et seq.

Annulling of conveyances for fraud and relief against awards, judgments, and decrees obtained by imposition, § 23-2-60.

- For provisions of Federal Rules of Civil Procedure, Rule 60, and annotations pertaining thereto, see 28 U.S.C.

- For article discussing collateral attack on contempt sanctions based upon constitutionally invalid injunctions, see 7 Ga. L. Rev. 246 (1973). For article examining waiver of objections to venue and lack of personal jurisdiction by default, see 12 Ga. L. Rev. 181 (1978). For article as to prevention of malpractice claims and litigation, see 16 Ga. St. B.J. 68 (1979). For article, "Insuring a Party's Second Chance," see 16 Ga. St. B.J. 177 (1980). For survey article citing developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982). For survey article on wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For annual survey of appellate practice and procedure, see 36 Mercer L. Rev. 79 (1984). For annual survey of recent developments, see 38 Mercer L. Rev. 473 (1986). For annual survey of appellate practice and procedure, see 43 Mercer L. Rev. 73 (1991). For article, "Trial Practice and Procedure," see 53 Mercer L. Rev. 475 (2001). For annual survey article on legal ethics, see 56 Mercer L. Rev. 315 (2004). For annual survey of Administrative Law, see 57 Mercer L. Rev. 1 (2005). For survey article on workers' compensation law, see 59 Mercer L. Rev. 463 (2007). For annual survey of law on insurance, see 62 Mercer L. Rev. 139 (2010). For article, "Appellate Practice and Procedure," see 63 Mercer L. Rev. 67 (2011). For annual survey on business associations, see 70 Mercer L. Rev. 19 (2018). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 71 Mercer L. Rev. 327 (2019). For note discussing reluctance of the courts of this state to grant appeals when an overruled motion for new trial is not enumerated as error, in light of Hill v. Willis, 224 Ga. 263, 161 S.E.2d 281 (1968), appearing below, see 5 Ga St. B.J. 269 (1968). 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). For note, "Dismissal with Prejudice for Failure to Prosecute: Visiting the Sins of the Attorney upon the Client," see 22 Ga. L. Rev. 195 (1987). For comment on Marsh v. Northland Ins. Co., 242 Ga. 490, 249 S.E.2d 205 (1978), appearing below, see 31 Mercer L. Rev. 359 (1979).

ANALYSIS

• General Consideration
• Power of Court over Judgments, Generally
• Collateral Attack
• Motion for New Trial
• Motion to Set Aside
• Complaint in Equity
• Time of Relief
• Correction of Clerical Mistakes
• Law of the Case Rule

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judgments, § 655 et seq. 58 Am. Jur. 2d, New Trial, §§ 13, 14, 37 et seq.

15 Am. Jur. Pleading and Practice Forms, Judgments, § 291. 18B Am. Jur. Pleading and Practice Forms, New Trial, § 8.

- 35B C.J.S., Federal Civil Procedure, § 1248 et seq. 49 C.J.S., Judgments, §§ 352 et seq., 710 et seq.

- Collateral attack on judgment by party at whose instance it is entered, 3 A.L.R. 535.

Failure of affidavit for publication of summons to state the facts required by statute as subjecting the judgment to collateral attack, 25 A.L.R. 1258.

Nonresidence of one or both parties as affecting jurisdiction of court of suit proceeding to annul divorce decree rendered in same state, 33 A.L.R. 469.

Mental incompetency at the time of rendition of judgment in civil action as ground of attack upon it, 34 A.L.R. 221; 140 A.L.R. 1336.

Meritorious defense as a condition of injunction against judgment for want of jurisdiction, 39 A.L.R. 414; 118 A.L.R. 1498.

Attacking decree of divorce after death of one of the parties on grounds other than original lack of jurisdiction, 40 A.L.R. 1118.

Fraud or perjury in misrepresenting status or relationship essential to the judgment as ground of relief from, or injunction against, judgment, 49 A.L.R. 1219.

Right to writ of coram nobis as affected by intentional or negligent failure to bring facts to attention of court, 58 A.L.R. 1286.

Incompetency, negligence, illness, or the like, of counsel, as a ground for new trial or reversal in criminal case, 64 A.L.R. 436.

Decree or order directing or confirming sale of homestead for payment of debts as subject to collateral attack, 66 A.L.R. 926.

Correcting clerical errors in judgments, 67 A.L.R. 828; 126 A.L.R. 956; 126 A.L.R. 956.

Reliance of attorney on agreement or supposed agreement of opposing attorney to give notice when case was set for trial as ground for relief from judgment, 69 A.L.R. 1336.

Attack on domestic judgment on ground of unauthorized appearance for defendant by attorney, 88 A.L.R. 12.

Criterion of extrinsic fraud as distinguished from intrinsic fraud, as regards relief from judgment on ground of fraud, 88 A.L.R. 1201.

Collateral attack on divorce decree because of defects in showing or allegations as to constructive service of process, 91 A.L.R. 225.

Attack on judgment because of invalidity of contract on which it was rendered, 95 A.L.R. 1267.

Judgment debtor's right to restitution upon reversal or vacation of judgment as subject to setoff in favor of judgment creditor, 101 A.L.R. 1148.

Nonparty who acquires interest in property pending action or after judgment as within benefit of statute or rule providing for opening, vacating, or setting aside of judgments, 104 A.L.R. 697.

Judgment (or final order) affecting title or interest in real property as subject to collateral attack because of insufficiency of description in the pleadings, 111 A.L.R. 1200.

Retention of jurisdiction in suit in equity to determine whole controversy, including amount of loss or damage, after setting aside an award or finding by arbitrators or appraisers, 112 A.L.R. 9.

Right of nonparties to move for the vacation of a judgment and to intervene in action or proceeding in respect of a matter in which they have an interest common with or similar to that of the parties, 112 A.L.R. 434.

Time within which application to reopen or set aside a judgment by confession under warrant of attorney may be made, 112 A.L.R. 797.

Verdict which finds for party upon his cause of action or counterclaim for money judgment, but which does not state amount of recovery, or is indefinite in this regard, or which affirmatively states that he is entitled to no amount, 116 A.L.R. 828; 49 A.L.R.2d 1328.

Judgment or order in connection with appointment of executor or administrator as res judicata, as law of the case, or as evidence, on questions other than the validity of the appointment, 119 A.L.R. 594.

Secreting witness or other conduct preventing summoning or appearance of witness as ground for relief from judgment, 131 A.L.R. 1519.

Power to open or modify 'consent' judgment, 139 A.L.R. 421.

Character, as direct or collateral attack, of action to set aside judgment, as affected by prayer for relief in respect of execution or other proceeding to enforce it, 140 A.L.R. 823.

Power of lower court to set aside, on ground of fraud, judgment entered pursuant to mandate of, affirmed by, reviewing court, 146 A.L.R. 1230.

Res judicata as affected by limitation of jurisdiction of court which rendered judgment, 147 A.L.R. 196; 83 A.L.R.2d 977.

Attorney's representation of parties adversely interested as affecting judgment or estoppel in respect thereof, 154 A.L.R. 501.

Lapse of time as bar to action or proceeding for relief in respect of void judgment, 154 A.L.R. 818.

Relief from stipulations, 161 A.L.R. 1161.

Constructive service of process in action against nonresident to set aside judgment, 163 A.L.R. 504.

Misinformation by judge or clerk of court as to status of case or time of trial or hearing as ground for relief from judgment, 164 A.L.R. 537.

Validity and effect of judgment based upon erroneous view as to constitutionality or validity of a statute or ordinance going to the merits, 167 A.L.R. 517.

Power of court to vacate or modify its judgment or order after expiration of prescribed period upon application made within that period, 168 A.L.R. 204.

Notice contemplated by statute for relief from judgment upon application within specified time after notice, 171 A.L.R. 253.

Remedy and procedure to avoid release or satisfaction of judgment, 9 A.L.R.2d 553.

Necessity of notice of application or intention to correct error in judgment entry, 14 A.L.R.2d 224.

Conditioning the setting aside of judgment or grant of new trial on payment of opposing attorney's fees, 21 A.L.R.2d 863.

Necessity that trial court give parties notice and opportunity to be heard before ordering new trial on its own motion, 23 A.L.R.2d 852.

Motion to vacate judgment or order as constituting general appearance, 31 A.L.R.2d 262.

Vacation or setting aside of judgment as to one or more of multiple parties against whom rendered as requiring its vacation as to all, 42 A.L.R.2d 1030.

New trial in criminal case because of newly discovered evidence as to sanity of prosecution witness, 49 A.L.R.2d 1247.

Verdict for money judgment which finds for party for ambiguous or no amount, 49 A.L.R.2d 1328.

Judgment ambiguous or silent as to amount of recovery as defective for lack of certainty, 55 A.L.R.2d 723.

Contact or communication between juror and outsider during trial of civil case as ground for mistrial, new trial, or reversal, 64 A.L.R.2d 158.

Collateral attack on domestic nunc pro tunc judgment, 70 A.L.R.2d 1131.

Appealability of order vacating, or refusing to vacate, approval of settlement of infant's tort claim, 77 A.L.R.2d 801.

Appealability of void judgment or of one granting or denying motion for vacation thereof, 81 A.L.R.2d 537.

Res judicata as affected by limitation of jurisdiction of court which rendered judgment, 83 A.L.R.2d 977.

Who, other than natural or adopting parents, or heirs of latter, may collaterally attack adoption decree, 92 A.L.R.2d 813.

Time for filing motion for new trial based on jury conduct occurring before, but discovered after, verdict, 97 A.L.R.2d 788.

Consent as ground of vacating judgment, or granting new trial, in civil case, after expiration of term or time prescribed by statute or rules of court, 3 A.L.R.3d 1191.

Necessity of taking proof as to liability against defaulting defendant, 8 A.L.R.3d 1070.

Opening default or default judgment claimed to have been obtained because of attorney's mistake as to time or place of appearance, trial, or filing of necessary papers, 21 A.L.R.3d 1255.

Liability insurer's right to open or set aside, or contest matters relating to merits of, judgment against insured, entered in action in which insurer did not appear or defend, 27 A.L.R.3d 350.

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.

Right to a jury trial on motion to vacate judgment, 75 A.L.R.3d 894.

Fraud in obtaining or maintaining default judgment as ground for vacating or setting aside in state courts, 78 A.L.R.3d 150.

Wills: challenge in collateral proceeding to decree admitting will to probate, on ground of fraud inducing complainant not to resist probate, 84 A.L.R.3d 1119.

Vacating or setting aside divorce decree after remarriage of party, 17 A.L.R.4th 1153.

Incompetence of counsel as ground for relief from state court civil judgment, 64 A.L.R.4th 323.

Computation of net "loss" for which fidelity insurer is liable, 5 A.L.R.5th 132.

Amendment of record of judgment in state civil case to correct judicial errors and omissions, 50 A.L.R.5th 653.

Power of successor judge taking office during term time to vacate, set aside, or annul judgment entered by his or her predecessor, 51 A.L.R.5th 747.

Vacating or opening judgment by confession on ground of fraud, illegality, or mistake, 91 A.L.R.5th 485.

Construction and application of state rules of civil procedure authorizing relief from final judgment or order for "any other reason" - general principles, 86 A.L.R.6th 321.

Construction and application of state rules of civil procedure authorizing relief from final judgment or order for "any other reason" - negligence and intentional tort cases, 87 A.L.R.6th 197.

Construction and application of state rules of civil procedure authorizing relief from final judgment or order for "any other reason" - real estate and construction-related cases, 88 A.L.R.6th 385.

Construction and application of state rules of civil procedure authorizing relief from final judgment or order for "any other reason" - business-related, corporate, and contract cases, 89 A.L.R.6th 409.

Construction and application of state rules of civil procedure authorizing relief from final judgment or order for "any other reason" - probate and family law cases, 90 A.L.R.6th 451.

Construction and application of state rules of civil procedure authorizing relief from final judgment or order for "any other reason" - employment, insurance, workers' compensation, and other and unspecified cases, 91 A.L.R.6th 171.