If a party must apply for leave to amend his pleadings and has been negligent or dilatory in respect to the subject of the amendment, the court may order the party to pay to his adversary the cost of any proceedings which he proposes by amendment and, in the court’s discretion, may order reasonable and equitable terms for amendment not affecting the merits of the case.
§ 9-10-134.Amendment by negligent party; payment of costs; terms
Chapter 10. Civil Practice and Procedure Generally · Article 6. Amendments · Last amended 1933 · Last verified July 17, 2026
In one sentenceWhen a party seeking leave to amend a pleading has dragged its feet or been careless about the issue needing correction, the court can order that party to pay the other side’s resulting costs and can attach other reasonable, equitable conditions to granting the amendment, so long as those conditions leave the merits untouched.
Full Text of § 9-10-134
Plain-English Summary
Amendment in Georgia practice tends to be generous, but this section supplies the check on that generosity. When a party has to seek the court’s leave to amend a pleading, and that party was negligent or dragged its feet on the issue the amendment is meant to fix, the court is not stuck approving the amendment for free. It can order the negligent party to pay the other side’s costs tied to whatever proceedings the amendment now makes necessary.
The court’s power does not stop at costs. It can also set reasonable and equitable terms on the amendment itself, using its discretion to balance fairness to both sides. The one boundary built into the section: those terms cannot touch the merits of the case. A court can make an amendment costly or conditional for a dilatory party, but it cannot use this section to decide the underlying dispute against them.
Frequently Asked Questions
When can a court impose costs on a party seeking to amend under this section?
When the party must apply for leave to amend and has been negligent or dilatory with respect to the subject of the amendment.
What costs can the court order the negligent party to pay?
The cost of any proceedings that the amendment the party proposes makes necessary, payable to the adversary.
Can the court attach conditions to the amendment beyond costs?
Yes, the court may, in its discretion, order reasonable and equitable terms for the amendment.
Can the terms the court imposes affect the merits of the case?
No, the section limits the court’s terms to conditions not affecting the merits of the case.
Does a party always need the court’s leave to amend under this section?
The section applies where a party must apply for leave to amend, which covers situations where leave of court is required for the amendment in question.
Amendment History
Ga. L. 1853-54, p. 48, § 1; Code 1863, § 3412; Code 1868, § 3432; Code 1873, § 3482; Code 1882, § 3482; Civil Code 1895, § 5101; Civil Code 1910, § 5685; Code 1933, § 81-1207.
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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