The defendant shall always have the privilege of filing an answer under oath for the purpose of using the same as evidence on any motion to dissolve an injunction or to set aside any extraordinary process or remedy granted. A sworn answer may be amended at any time, by leave of the court, as other pleadings; but an admission made in the answer shall always be evidence when offered by the other party.
§ 9-10-114.Use of verified answer as evidence; amendment of sworn answer
Chapter 10. Civil Practice and Procedure Generally · Article 5. Verification · Last amended 1933 · Last verified July 17, 2026
In one sentenceGives a defendant the standing option to file a sworn answer usable as evidence on a motion to dissolve an injunction or undo other extraordinary relief, and allows that sworn answer to be amended like any pleading with court permission, though admissions in it remain usable as evidence against the defendant.
Full Text of § 9-10-114
Plain-English Summary
Filing a sworn answer is not the only way to respond to a complaint in Georgia, but this section makes clear it is always an option, and a useful one at that. A defendant may file an answer under oath specifically so it can serve as evidence on a motion to dissolve an injunction or to set aside some other extraordinary process or remedy that was granted against them. That privilege exists regardless of whether the underlying claim required a verified answer in the first place.
The sworn answer is not locked in stone. Like any other pleading, it can be amended at any time with the court’s permission. That flexibility lets a defendant correct or refine sworn statements as the case develops without losing the evidentiary benefit of having filed under oath.
One consequence follows the defendant even through an amendment, though: any admission made in the sworn answer remains evidence whenever the other party wants to offer it. Amending the answer to walk back a position does not erase the earlier admission from the record — it just adds a new, amended statement alongside it.
Frequently Asked Questions
What can a defendant use a sworn answer for under this section?
As evidence on any motion to dissolve an injunction or to set aside any extraordinary process or remedy that has been granted.
Can a sworn answer be amended after it is filed?
Yes, the section allows a sworn answer to be amended at any time, by leave of the court, the same as other pleadings.
Does amending the sworn answer erase earlier admissions in it?
No, an admission made in the answer remains evidence whenever the other party offers it, regardless of a later amendment.
Who can offer an admission from the sworn answer as evidence?
The other party — the section says an admission in the answer shall always be evidence when offered by the other party.
Is filing a sworn answer for this purpose required?
No, the section describes it as a privilege the defendant always has, not an obligation.
Amendment History
Orig. Code 1863, § 4105; Code 1868, § 4136; Code 1873, § 4195; Code 1882, § 4195; Civil Code 1895, § 5056; Civil Code 1910, § 5639; Code 1933, § 81-402.
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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