All bonds taken under requirement of law in the course of a judicial proceeding may be amended and new security given if necessary.
§ 9-10-131.Bonds in judicial proceedings amendable
Chapter 10. Civil Practice and Procedure Generally · Article 6. Amendments · Last amended 1933 · Last verified July 17, 2026
In one sentenceAllows any bond required by law during a judicial proceeding, such as an appeal or injunction bond, to be amended and backed with new security when needed, instead of forcing a party to start the proceeding over because of a defective bond.
Full Text of § 9-10-131
Plain-English Summary
A bond required by law during a lawsuit — for an appeal, an injunction, a garnishment, or similar step — can be defective for any number of small reasons: wrong penal sum, missing signature, an unqualified surety. This section keeps that kind of defect from derailing the proceeding it was meant to secure. Any bond taken under a legal requirement in the course of a judicial proceeding may be amended.
The fix goes beyond paperwork. If the original security behind the bond turns out to be inadequate, the section allows new security to be given as part of the amendment, so the party benefiting from the bond ends up with a bond that protects them, not just a corrected form.
The rule spares parties from the harsher alternative — treating a defective bond as no bond at all and dismissing whatever step it was meant to support.
Frequently Asked Questions
What kinds of bonds does this section cover?
All bonds taken under requirement of law in the course of a judicial proceeding.
Can a defective bond be corrected instead of forcing a party to start over?
Yes, the section allows such bonds to be amended rather than treated as fatally defective.
Does the section allow substituting new security for the bond?
Yes, it allows new security to be given if necessary as part of amending the bond.
Who benefits from this amendment rule?
The party who posted the bond gets the chance to fix it, while the party the bond protects ends up with security that functions as intended.
Does this apply to bonds required by statute as well as those ordered by a court?
The section applies broadly to bonds taken under requirement of law in a judicial proceeding, language that covers bonds required by statute as part of that proceeding.
Amendment History
Orig. Code 1863, § 3434; Code 1868, § 3454; Code 1873, § 3505; Code 1882, § 3505; Civil Code 1895, § 5123; Civil Code 1910, § 5707; Code 1933, § 81-1204.
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: amend bond georgia judicial proceedingdefective bond amendment georgianew security judicial bond georgiaappeal bond correction georgia civil procedure