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§ 9-11-123.Form of motion to intervene as a defendant under Code Section 9- 11-24

Chapter 11. Civil Practice Act · Article 10. Forms · Not amended since adoption on record · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-123 provides sample forms for someone seeking to intervene as a defendant under Code Section 9-11-24, pairing a motion for leave to intervene with the proposed intervenor’s answer setting out the defenses the applicant wants to raise.

Full Text of § 9-11-123

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IN THE ______________________ COURT OF ______________________ COUNTY STATE OF GEORGIA
A.B., Plaintiff ) v. ) C.D., Defendant ) Civil action E.F., ) File no.______________________ Applicant for Intervention ) ) ) MOTION TO INTERVENE AS A DEFENDANT E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that ______________________ ______________________ Attorney for E.F., applicant for intervention ______________________ Address NOTICE OF MOTION (Contents the same as in Code Section 9-11-119) ______________________ IN THE ______________________ COURT OF ______________________ COUNTY
A.B., STATE OF GEORGIA
Plaintiff ) ) C.D., v. ) Civil action E.F., Defendant ) File no.______________________ Intervenor ) ) ) INTERVENOR’S ANSWER First Defense Intervenor admits the allegations stated in paragraphs 1 and 4 of the complaint, denies the allegations in paragraph 3, and denies the allegations in paragraph 2 insofar as they assert the ______________________.
Second Defense
(Set forth defenses) ______________________ Attorney for C.D., (Like form if intervention is as plaintiff ). for E.F., intervenor History ______________________ Address Ga. L. 1966, p. 609, § 125; Ga. L. 1984, p. 22, § 9.

Plain-English Summary

Sometimes a person who is not yet a party to a lawsuit has a stake in its outcome and wants in — here, to help defend rather than to sue. This form shows both documents that request usually involves: the motion asking for permission, and the answer the applicant plans to file once permission is granted.

The Motion to Intervene as a Defendant states that the applicant seeks leave to intervene “in order to assert the defenses set forth in his proposed answer,” a copy of which must be attached, and leaves a blank for the ground supporting intervention. The Notice of Motion that follows points back to the same content used in this article’s motion-to-dismiss form, giving the hearing date and time.

Once granted, the Intervenor’s Answer takes over: a First Defense admitting some allegations, denying others, and denying part of another allegation, followed by a Second Defense left open for whatever additional defenses fit the case. A closing note tells the drafter the same form works “if intervention is as plaintiff” with the roles adjusted.

By attaching the proposed answer directly to the motion, this template lets the court see exactly what the applicant intends to argue before deciding whether to let the applicant into the case at all.

Frequently Asked Questions

What must accompany the motion to intervene?

A copy of the applicant’s proposed answer, showing the court the defenses the applicant wants to raise if allowed to intervene.

What Code Section governs the right to intervene that this motion invokes?

Code Section 9-11-24, governing intervention.

Does the form work for someone seeking to intervene as a plaintiff instead?

Yes. The form notes it can serve as a model for intervention as a plaintiff as well, with the roles adjusted accordingly.

What does the Notice of Motion attached to this form contain?

The same content as the notice of motion shown for the motion to dismiss elsewhere in the article, giving the hearing date and time.

What happens after the motion to intervene is granted?

The intervenor files the answer that accompanied the motion, raising the defenses described in it.

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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