All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other civil judicial proceedings, shall, on motion, be amended and corrected instanter without working unnecessary delay to the party making the same.
§ 9-10-132.Amendment of misnomers on motion
Chapter 10. Civil Practice and Procedure Generally · Article 6. Amendments · Last amended 1933 · Last verified July 17, 2026
In one sentenceLets a party fix a misspelled or wrong first or last name in a writ, pleading, or other civil filing through a motion, with the court required to correct the error right away instead of letting the mistake stall the case.
Full Text of § 9-10-132
Plain-English Summary
A wrong name in a writ or pleading — a misspelled surname, a mixed-up first name — sounds trivial, but at common law it could hold up an entire case while parties argued over identity instead of the merits. This section shuts that argument down. Any misnomer in a Christian name or surname, appearing in a writ, pleading, or other civil judicial proceeding, gets corrected on motion.
The remedy is not just available, it is immediate. The section directs that the correction happen instanter — right away — and expressly says it should not work unnecessary delay to the party making the motion. A party does not have to fear that fixing a clerical mistake in a name will cost them a continuance, a missed deadline, or leverage in the underlying dispute.
Frequently Asked Questions
What kind of mistakes does this section fix?
Misnomers, meaning errors in a Christian name or surname, made in writs, pleadings, or other civil judicial proceedings.
How does a party get a misnomer corrected?
By motion — the section provides that misnomers shall, on motion, be amended and corrected.
Does correcting a misnomer cause delay in the case?
No, the section directs that the correction happen instanter, without working unnecessary delay to the party making the motion.
Does this section cover both first names and surnames?
Yes, it covers misnomers in either the Christian name or the surname.
What does “instanter” mean in this context?
It means the correction is made right away, immediately upon the motion, rather than through a drawn-out process.
Amendment History
Laws 1850, Cobb’s 1851 Digest, p. 493.; Code 1863, § 3413; Code 1868, § 3433; Code 1873, § 3483; Code 1882, § 3483; Civil Code 1895, § 5102; Civil Code 1910, § 5686; Code 1933, § 81-1206.
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: fix misnomer georgia pleadingwrong name in lawsuit correction georgiaamend name of party georgia civil casemisspelled name in writ georgia