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§ 9-11-1.Scope of chapter; construction

Chapter 11. Civil Practice Act · Article 1. Scope of Rules and Form of Action · Last amended 1966 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-1 opens the Georgia Civil Practice Act by making it the governing procedure for every civil action at law or in equity in the state's courts of record (subject to the carve-outs in Code Section 9-11-81), directing that it be construed to secure a just, speedy, and inexpensive resolution of every case, and extending its reach to courts that are not courts of record wherever no other procedural rule already covers the ground.

Full Text of § 9-11-1

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This chapter governs the procedure in all courts of record of this state in all actions of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Code Section 9-11-81. This chapter shall be construed to secure the just, speedy, and inexpensive determination of every action. This chapter shall also apply to courts which are not courts of record to the extent that no other rule governing a particular practice or procedure of such courts is prescribed by general or local law applicable to such courts.

Plain-English Summary

Every procedural code needs a statement of its own reach, and this is Georgia’s. Code Section 9-11-1 tells courts and litigants that the chapter that follows — the Civil Practice Act — supplies the procedure for civil actions in the state’s courts of record, whether the underlying claim would once have been called a case at law or a case in equity. Georgia folded those two old tracks into one procedural system, and this section is where that merger gets its mission statement.

The mission itself is short: courts must construe the chapter to secure the just, speedy, and inexpensive determination of every action. That instruction guides how judges read every other rule in the chapter, from pleading standards to discovery limits — when a procedural question is close, the tie should go to the reading that moves the case toward a fair result without wasted time or expense.

The section also reaches past courts of record. Where a Georgia court isn’t a court of record and no separate statute or local rule already governs a given practice, the Civil Practice Act fills the gap. That keeps smaller or specialized courts from operating in a procedural vacuum just because they fall outside the chapter’s primary audience.

Code Section 9-11-81 trims the edges of this broad grant, listing proceedings the chapter doesn’t reach even though they happen in a court of record. Anyone applying Chapter 11 to an unfamiliar proceeding should check that section first.

Frequently Asked Questions

What kinds of Georgia courts does the Civil Practice Act govern?

Courts of record handling civil actions, whether the claim sounds in law or in equity, are covered — subject to the exceptions listed in Code Section 9-11-81.

Does the Civil Practice Act apply in courts that aren't courts of record?

Yes, to the extent no other rule governing a particular practice or procedure of such a court is prescribed by general or local law. Where a separate law already covers the practice, that law controls instead.

Why does the statute mention “just, speedy, and inexpensive determination”?

That phrase is the construction instruction courts must follow when applying the chapter — it tells judges to read the Civil Practice Act’s other provisions in whatever way best secures a fair, prompt, and affordable resolution of the case.

Are any proceedings excluded from the Civil Practice Act?

Yes. Code Section 9-11-81 lists exceptions to the chapter’s reach, and this section expressly defers to that list.

Does this section merge law and equity procedure in Georgia?

It reflects that merger by covering civil actions “whether cognizable as cases at law or in equity” under a single procedural chapter, rather than keeping separate procedural tracks for each.

Amendment History

Ga. L. 1966, p. 609, § 1.

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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