§ 9-11-2.One form of action
Chapter 11. Civil Practice Act · Article 1. Scope of Rules and Form of Action · Last amended 1966 · Last verified July 17, 2026
Full Text of § 9-11-2
Plain-English Summary
This is one of the shortest sections in the Civil Practice Act, and it does a lot of work in a single sentence: there is one form of action, called a “civil action.” Before the Act, Georgia practice split claims into different procedural boxes depending on whether the underlying right was legal or equitable. This section collapses those boxes into one.
The practical payoff is that a litigant doesn’t have to guess, at the outset of a case, which procedural track applies before figuring out what relief to request. A single complaint can seek damages, an injunction, or both, without the pleader having to sort claims into separate legal and equitable proceedings governed by different rules.
Read together with Code Section 9-11-1, this section confirms that the unified procedure covers the full range of civil disputes the chapter reaches — the “civil action” label isn’t limited to any particular subject matter, just to the single procedural form every civil case now takes.
Frequently Asked Questions
What does “one form of action” mean under Georgia law?
It means every civil case in Georgia, no matter what relief it seeks, proceeds as a single kind of lawsuit called a “civil action,” rather than being sorted into separate legal and equitable proceedings with different rules.
Did Georgia used to have separate procedures for law and equity cases?
This section’s language confirms Georgia now treats civil actions cognizable at law or in equity under one unified procedure rather than keeping them on separate tracks.
Can a single Georgia lawsuit ask for both damages and an injunction?
Because there is only one form of action, a complaint isn’t confined to a single procedural category, so a pleader can combine different types of relief in one civil action, subject to the chapter’s other joinder and pleading rules.
Is “civil action” a defined legal term in Georgia?
Yes. This section is where the Civil Practice Act names the unified form of action a “civil action,” and the term is used throughout the rest of the chapter.
Does this section apply to criminal cases?
No. The chapter and this section address civil actions; criminal procedure is governed by separate law.
Amendment History
Ga. L. 1966, p. 609, § 2.