(a) Computation. In computing any period of time prescribed or allowed by this chapter, by the rules of any court, by order of court, or by an applicable statute, the computation rules prescribed in paragraph (3) of subsection (d) of Code Section 1-3-1 shall be used.
§ 9-11-6.Time
Chapter 11. Civil Practice Act · Article 2. Commencement of Action and Service · Last amended 2009 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-6 sets the ground rules for counting and extending deadlines in a Georgia civil case, letting courts or the parties enlarge most time periods before or after they expire (except deadlines for new trial or judgment notwithstanding the verdict motions), fixing notice periods for written motions and affidavits, and adding three days to a deadline that runs from mailed or emailed service.
Full Text of § 9-11-6
(b) Extension of time. When by this chapter or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the parties, by written stipulation of counsel filed in the action, may extend the period, or the court for cause shown may at any time in its discretion (1) with or without motion or notice, order the period extended if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect; provided, however, that no extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict.
(c) Unaffected by expiration of term. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court, except as otherwise specifically provided by law. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which has been pending before it, except as otherwise specifically provided by law.
(d) For motions; for affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by this chapter or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion. Opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time.
(e) Additional time after service by mail or e-mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon the party by mail or e-mail, three days shall be added to the prescribed period.
Plain-English Summary
Deadlines drive civil litigation, and this section supplies the rules for computing and adjusting them across the Civil Practice Act. Subsection (a) points to the computation method in Code Section 1-3-1 rather than restating it, so every deadline the chapter sets gets counted the same way.
Subsection (b) gives courts and parties room to move deadlines. The parties can extend a period by written stipulation, and the court can extend it for cause — either before the original deadline passes, or afterward if the party shows the missed deadline resulted from excusable neglect. One firm exception: no extension is available for filing a motion for new trial or for judgment notwithstanding the verdict, deadlines the statute treats as fixed no matter the circumstances.
Subsection (c) confirms that deadlines under the chapter run independent of a court’s terms — the old idea that a court’s power over a case might lapse between terms doesn’t apply here. Subsections (d) and (e) round out the section with specific notice windows: written motions (other than ones a court may hear without notice) and any supporting affidavit generally need five days’ notice before a hearing, opposing affidavits are due at least one day before the hearing unless the court allows otherwise, and three extra days get added to a deadline whenever the triggering notice or paper was served by mail or email.
Frequently Asked Questions
How are deadlines calculated under Georgia's Civil Practice Act?
Using the computation method in paragraph (3) of subsection (d) of Code Section 1-3-1, which this section incorporates rather than restating.
Can parties agree to extend a deadline in a Georgia civil case?
Yes, by written stipulation of counsel filed in the action, or the court may extend a period for cause shown, either before or after the original deadline expires (the latter requiring a showing of excusable neglect).
Are there deadlines in Georgia that can never be extended?
Yes. No extension of time is available for filing motions for new trial or for judgment notwithstanding the verdict, regardless of the circumstances.
How much notice does a written motion need before a Georgia hearing?
At least five days before the hearing, unless a different period is fixed by the Civil Practice Act or a court order; supporting affidavits must be served with the motion, and opposing affidavits are due at least one day before the hearing unless the court permits otherwise.
Does mailing or emailing a notice add extra time to a deadline?
Yes. When a party is served a notice or paper (other than process) by mail or email, three days are added to whatever period runs from that service.
Amendment History
Ga. L. 1966, p. 609, § 6; Ga. L. 1967, p. 226, §§ 5, 6; Ga. L. 1985, p. 648, § 2; Ga. L. 2009, p. 73, § 3/HB 29.
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
Also known as: Georgia Rule 6 time computationextension of time Georgia civil caseexcusable neglect Georgia deadlinethree days added mail service GeorgiaGeorgia motion notice deadline