Either party who amends or attempts to amend his complaint or other pleadings in response to an order or other ruling of the court shall not be held to have waived his objection to the order or ruling but may thereafter take exception thereto as in other cases.
§ 9-10-135.Amendment of pleadings on court ruling not waiver of objection thereto
Chapter 10. Civil Practice and Procedure Generally · Article 6. Amendments · Last amended 1967 · Last verified July 17, 2026
In one sentenceProtects a party who amends a pleading to comply with a court order or ruling from losing the right to challenge that same order or ruling later, so complying to keep the case moving does not cost the party its objection.
Full Text of § 9-10-135
Plain-English Summary
Litigants often face an uncomfortable choice: comply with a court order they disagree with, or refuse and risk sanctions while preserving the objection for appeal. This section removes that dilemma for amendments. When a party amends, or attempts to amend, a complaint or other pleading in response to a court order or ruling, that compliance does not count as waiving the objection to the order or ruling itself.
The party keeps its options open. After amending to satisfy the court, the party may still take exception to the original order or ruling later, the same as it could in any other case. The pleading gets fixed and the case moves forward, but the underlying disagreement with the court’s decision travels with the case rather than disappearing the moment the party complies.
Frequently Asked Questions
Does amending a pleading to satisfy a court order waive the right to object to that order?
No, the section provides that a party who amends or attempts to amend in response to an order or ruling is not held to have waived the objection to it.
What kind of court action does this section cover?
An order or other ruling of the court that prompts a party to amend a complaint or other pleading in response.
Can a party still take exception to the ruling after amending?
Yes, the section allows the party to thereafter take exception to the order or ruling, as in other cases.
Why does this protection matter for litigants?
It lets a party comply with a court order to keep the case moving without giving up its ability to challenge that order later.
Does this section apply only to plaintiffs amending a complaint?
No, it applies to either party who amends or attempts to amend a complaint or other pleading in response to a court order or ruling.
Amendment History
Civil Code 1895, § 5045; Civil Code 1910, § 5628; Code 1933, § 81-1001; Ga. L. 1946, p. 761, § 1; Ga. L. 1952, p. 243, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 82, § 1; Ga. L. 1962, p. 682, § 1; Ga. L. 1966, p. 451, § 1; Ga. L. 1966, p. 609, § 135; Ga. L. 1967, p. 226, § 42.
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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