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§ 9-10-111.When verified answer required; by whom made for corporate defendant

Chapter 10. Civil Practice and Procedure Generally · Article 5. Verification · Last amended 1933 · Last verified July 17, 2026

In one sentenceWhen a plaintiff verifies a pleading by affidavit swearing the facts true to the best of their knowledge and belief, the defendant must verify the answer the same way, and for a corporate defendant that oath may come from an officer or agent who knows, or whose job it is to know, the relevant facts.

Full Text of § 9-10-111

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In all cases where the plaintiff files a pleading with an affidavit attached to the effect that the facts stated in the pleading are true to the best of his knowledge and belief, the defendant shall in like manner verify any answer. If the defendant is a corporation, the affidavit may be made by the president, vice-president, superintendent, or any officer or agent who knows, or whose official duty it is to know, about the matters set out in the answer.

Plain-English Summary

Verification works as a matched pair in Georgia practice: if a plaintiff swears to the truth of a pleading, the defendant has to answer with the same level of commitment. This section sets that reciprocal rule. Once a plaintiff attaches an affidavit stating the facts in the pleading are true to the best of their knowledge and belief, the defendant must verify the answer in the same manner rather than filing an unsworn response.

Corporate defendants cannot swear an oath themselves, so the section names who can stand in for one: the president, vice-president, superintendent, or any officer or agent who knows about the matters in the answer, or whose job it is to know them. That last phrase matters — the affiant does not need firsthand knowledge of every fact, only the kind of institutional knowledge that comes with the officer’s role.

Practically, this rule keeps the fight fair. A plaintiff willing to put their credibility behind sworn factual allegations forces the defendant to do the same, discouraging boilerplate denials filed just to buy time.

Frequently Asked Questions

When is a defendant required to verify an answer under this section?

Whenever the plaintiff has filed a pleading with an attached affidavit stating the facts are true to the best of the plaintiff’s knowledge and belief.

What triggers the verification requirement described here?

The plaintiff’s own verification of the pleading — the defendant’s duty to verify the answer is a response to that step, not an independent requirement.

Who can verify an answer on behalf of a corporate defendant?

The president, vice-president, superintendent, or any officer or agent who knows, or whose official duty it is to know, about the matters set out in the answer.

Does the corporate officer making the affidavit need personal knowledge of every fact?

No, the section covers an officer or agent whose official duty it is to know about the matters in the answer, not only someone with direct personal knowledge.

What happens if the plaintiff never verifies the original pleading?

The section’s verification requirement for the defendant is tied to the plaintiff having filed a pleading with an affidavit attached, so that trigger would not be present.

Amendment History

Ga. L. 1895, p. 44, § 1; Civil Code 1895, § 5055; Civil Code 1910, § 5638; Code 1933, § 81-401.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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