RulesofCivilProcedure.com Civil Procedure · Every State

§ 9-11-81.Applicability

Chapter 11. Civil Practice Act · Article 9. General Provisions · Last amended 1968 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-81 makes the Civil Practice Act the default procedure for every special statutory proceeding except where a conflicting rule of practice and procedure is expressly prescribed by law, and makes its rules on pleading sufficiency, defenses, amendments, counterclaims, cross-claims, third-party practice, joinder of parties and causes, making parties, discovery and depositions, interpleader, intervention, evidence, motions, summary judgment, relief from judgments, and the effect of judgments apply to those proceedings regardless.

Full Text of § 9-11-81

Text size

This chapter shall apply to all special statutory proceedings except to the extent that specific rules of practice and procedure in conflict herewith are expressly prescribed by law; but, in any event, the provisions of this chapter governing the sufficiency of pleadings, defenses, amendments, counterclaims, cross-claims, third-party practice, joinder of parties and causes, making parties, discovery and depositions, interpleader, intervention, evidence, motions, summary judgment, relief from judgments, and the effect of judgments shall apply to all such proceedings.

Plain-English Summary

Georgia’s statutes create plenty of causes of action outside the Civil Practice Act — mandamus, quo warranto, and other special statutory proceedings among them. This section makes the Act the default procedural framework for all of them, stepping aside only to the extent a specific, conflicting rule of practice and procedure is expressly prescribed by law for that particular proceeding.

Even where a special proceeding’s own statute does displace the Act’s general procedure, a defined list of core doctrines still applies regardless: the sufficiency of pleadings, defenses, amendments, counterclaims, cross-claims, third-party practice, joinder of parties and causes, making parties, discovery and depositions, interpleader, intervention, evidence, motions, summary judgment, relief from judgments, and the effect of judgments. That list functions as a floor beneath every special statutory proceeding — one that a proceeding’s own enabling statute cannot dig beneath, since the exception in the first clause covers only conflicting rules of practice and procedure, not these specifically preserved doctrines.

The upshot is procedural consistency across Georgia’s many separately codified causes of action: a litigant pursuing a special statutory remedy doesn’t need to relearn how discovery, joinder, or summary judgment work from scratch, because the same Civil Practice Act rules that govern an ordinary civil action carry over.

Frequently Asked Questions

Does the Civil Practice Act apply to lawsuits created by other Georgia statutes?

Yes, as a default. This section applies the chapter to all special statutory proceedings except to the extent specific, conflicting rules of practice and procedure are expressly prescribed by law for that proceeding.

Can a special statute override the Civil Practice Act’s rules on discovery or summary judgment?

No. Regardless of what a special proceeding’s own statute provides, the Civil Practice Act’s provisions on discovery and depositions, summary judgment, and the other doctrines this section lists still apply to that proceeding.

Does interpleader procedure under the Civil Practice Act reach special statutory proceedings?

Yes. Interpleader is one of the doctrines this section specifically requires to apply to all special statutory proceedings.

What must happen for a special proceeding to escape the Civil Practice Act’s general rules?

A specific rule of practice or procedure conflicting with the Civil Practice Act must be expressly prescribed by law for that type of proceeding.

Does this section apply to intervention by third parties in a special statutory proceeding?

Yes. Intervention is among the procedural doctrines this section requires to apply to all special statutory proceedings.

Amendment History

Ga. L. 1966, p. 609, § 81; Ga. L. 1967, p. 226, § 33; Ga. L. 1968, p. 1104, § 12.

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 special statutory proceedings civil practice actdoes civil practice act apply to mandamus georgiageorgia interpleader special proceedingsgeorgia civil practice act applicability rule