§ 9-10-110.Petitions for extraordinary equitable relief to be verified or supported by proof
Chapter 10. Civil Practice and Procedure Generally · Article 5. Verification · Last amended 1982 · Last verified July 17, 2026
Full Text of § 9-10-110
Plain-English Summary
Some remedies hit harder than an ordinary judgment — a restraining order, an injunction, or the appointment of a receiver can freeze someone’s business or property before the case has even been fully heard. This section makes sure a court does not hand out that kind of power on bare allegations. A petition asking for a restraining order, injunction, receiver, or other extraordinary equitable relief must be verified positively by the petitioner or backed by other satisfactory proof.
Verification means the petitioner swears to the truth of the facts under oath, personally standing behind the allegations rather than letting an attorney’s unsworn pleading carry the weight. Where that is not practical, the section allows an alternative — supporting proof, such as affidavits from witnesses, that gives the court a factual basis for granting relief before the opposing party has had a full chance to respond.
The requirement reflects a plain trade-off: extraordinary relief moves fast, sometimes before notice or a hearing, so the law demands something more solid than an unverified complaint before a court freezes assets, restrains conduct, or hands control of property to a receiver.
Frequently Asked Questions
What kinds of relief trigger this verification requirement?
Petitions for a restraining order, injunction, receiver, or other extraordinary equitable relief.
Who must verify the petition?
The petitioner must verify it positively, meaning swear to its truth under oath, or the petition must be supported by other satisfactory proof instead.
Can a petition rely on something other than the petitioner’s own verification?
Yes, the section allows the petition to be supported by other satisfactory proofs as an alternative to the petitioner’s personal verification.
Why does Georgia require this extra step for equitable relief?
Because remedies like restraining orders, injunctions, and receiverships can affect a party’s property or conduct before a full hearing, so the law wants a sworn or otherwise proven factual basis before a court grants them.
Does this section apply to routine civil complaints seeking money damages?
No, it is limited to petitions seeking extraordinary equitable relief such as restraining orders, injunctions, and receivers, not ordinary damages claims.
Amendment History
Civil Code 1895, § 4966; Civil Code 1910, § 5544; Code 1933, § 81-110; Ga. L. 1982, p. 3, § 9.