Where a defendant may have a remedy over against another person and vouches him into court by giving notice of the pendency of the action, the judgment rendered therein shall be conclusive upon the person vouched, as to the amount and right of the plaintiff to recover.
§ 9-10-13.Effect of judgment on party vouched into court
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceWhen a defendant who may have a legal remedy against someone else notifies that person of the pending lawsuit and effectively vouches them into the case, the resulting judgment conclusively binds the vouched party on the amount and the plaintiff’s right to recover, even though that party was never formally a litigant.
Full Text of § 9-10-13
Plain-English Summary
Sometimes a defendant being sued has a separate claim against a third party who may be the one who ought to pay. Before formal third-party practice existed, Georgia handled this with vouching in — the defendant gives the third party notice that the lawsuit is pending, effectively inviting them to step in and defend since they may end up owing the defendant for whatever judgment comes down.
The payoff for the defendant is binding effect. Once vouched in with proper notice, that third party cannot later relitigate the amount of the judgment or whether the plaintiff was entitled to recover — those questions are settled by the original case, whether or not the vouched party showed up to fight it.
Frequently Asked Questions
What does it mean for a defendant to vouch someone into court?
It means the defendant, who may have a remedy over against another person, gives that person notice of the pendency of the action.
What is the effect of the judgment on the person who was vouched in?
The judgment rendered in the action is conclusive upon the vouched person as to the amount and the plaintiff’s right to recover.
Does the vouched party have to formally join the lawsuit for this rule to apply?
The section requires only that the defendant give notice of the pendency of the action to invoke the conclusive effect described.
When would a defendant want to vouch someone into court?
When the defendant may have a remedy over against that other person, meaning the other person may ultimately owe the defendant for the underlying claim.
Is this the same as bringing in a third-party defendant?
Both involve notifying someone who may owe the defendant, though this section addresses the specific conclusive effect of the judgment on the vouched party.
Amendment History
Civil Code 1895, § 5234; Civil Code 1910, § 5821; Code 1933, § 38-624.
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
Also known as: vouching into court georgia lawnotice of pendency third party georgiajudgment binding effect vouched party georgiaremedy over against another person georgia