Any verdict, decision, judgment, decree, order, ruling, or other judicial action by any court in this state in any matter in which this state or an official of this state in his official capacity is a party defendant, intervenor, respondent, appellee, or plaintiff in fi. fa. shall be void unless it affirmatively appears as a matter of record either:
§ 9-10-2.Actions against state void absent notice or waiver
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 2007 · Last verified July 17, 2026
In one sentenceA Georgia court’s judgment, order, or other action in a civil matter naming the state or a state official as a party is void unless the record shows the Attorney General received five days’ written notice of the proceeding, attended it in person, or waived notice in writing.
Full Text of § 9-10-2
(1) That the Attorney General was given five days’ advance written notice by the adverse party or his attorney of the time set for the particular trial, hearing, or other proceeding as a result of which the verdict, decision, judgment, decree, order, ruling, or other judicial action was entered;
(2) That the Attorney General or an assistant attorney general was present in person at the trial, hearing, or other proceeding; or
(3) That the Attorney General or an assistant attorney general has, in writing, waived the notice.
Plain-English Summary
This section protects the state from being bound by a court proceeding its lawyers never knew about. Whenever Georgia or one of its officials is a defendant, intervenor, respondent, appellee, or judgment-creditor-in-waiting in a civil case, the outcome — verdict, judgment, order, whatever form it takes — carries no legal force unless the record affirmatively proves the Attorney General’s office had a fair chance to weigh in.
That proof takes one of three forms. Either the adverse party gave the Attorney General five days’ advance written notice of the trial or hearing, or the Attorney General, or an assistant, appeared in person, or the Attorney General waived the notice requirement in writing. Silence on the record is not enough — the file has to show one of these three things happened.
The rule exists because the state cannot defend itself, or choose not to bother, if nobody tells it a case is happening. It puts the burden on the party suing or otherwise proceeding against the state to build that notice into the record, and it makes any judgment obtained without it legally worthless.
Frequently Asked Questions
What happens to a judgment against the state if the Attorney General was never notified?
The judgment, along with any verdict, decision, decree, order, or ruling, is void unless the record affirmatively shows one of the three notice conditions was met.
How much advance notice must the Attorney General receive?
Five days’ advance written notice of the time set for the trial, hearing, or other proceeding, given by the adverse party or that party’s attorney.
Does the Attorney General have to attend every proceeding involving the state?
No. Attendance in person by the Attorney General or an assistant attorney general is one of three alternative ways to satisfy the section — written notice or a written waiver also suffice.
Can the Attorney General skip the notice requirement?
Yes, by waiving the notice in writing; that waiver, like the other two options, must appear affirmatively in the record for the resulting judicial action to be valid.
Does this section cover all roles the state might play in a lawsuit?
It covers the state or a state official sued as a party defendant, intervenor, respondent, appellee, or plaintiff in fi. fa., in any matter in which such judicial action is taken.
Amendment History
Ga. L. 1956, p. 625, § 1; Ga. L. 2007, p. 47, § 9/SB 103.
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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