A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered until the judgment is reversed or set aside.
§ 9-12-40.Judgment conclusive between which persons and on what issues
Chapter 12. Verdict and Judgment · Article 2. Effect of Judgments · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-40 makes a judgment binding on the parties and their privies as to every matter the parties litigated and every matter that could have been litigated in that case, unless and until the judgment is reversed or set aside.
Full Text of § 9-12-40
Plain-English Summary
This section states Georgia’s core rule of claim and issue preclusion in a single sentence. Once a court with proper jurisdiction enters judgment, the parties to that case — and anyone in privity with them, such as an heir, successor, or someone who later takes an interest in the same claim — cannot relitigate what the judgment already decided.
The reach of the rule goes beyond the specific arguments a party raised. It covers matters that were put in issue and matters that, under the applicable rules of law, could have been put in issue in that same cause. A litigant who holds back an available defense or claim, hoping to raise it in a second lawsuit, generally finds the door already closed: the first judgment stands for what was decided and for what should have been raised.
The rule has one built-in escape hatch. A judgment binds the parties only until it is reversed or set aside — through appeal, a motion to set aside, or another recognized avenue for undoing a judgment. Until that happens, the judgment controls, and the parties must treat the matters it resolved as settled.
Frequently Asked Questions
Who is bound by a judgment under this section?
The same parties who litigated the case and their privies — people whose legal interests are so closely tied to a party’s that the law treats them as standing in that party’s shoes, such as an heir or successor in interest.
Does the rule cover only issues the parties raised in court?
No. It extends to matters put in issue and to matters that, under the rules of law, might have been put in issue in that same case, which is why a party generally cannot save an available claim or defense for a later lawsuit.
What ends a judgment’s conclusive effect under this section?
Reversal or the judgment being set aside. Until one of those happens, the judgment remains conclusive between the parties and their privies.
Does this section apply to criminal cases?
No. It speaks to judgments of a court of competent jurisdiction generally, but its role in Georgia practice is as the statutory foundation for preclusion in civil litigation between parties and privies.
What does “court of competent jurisdiction” add to the rule?
It limits the conclusive effect to judgments entered by a court that had the authority to hear the case, so a judgment from a court lacking jurisdiction does not carry the binding force this section describes.
Amendment History
Orig. Code 1863, § 3496; Code 1868, § 3519; Code 1873, § 3577; Code 1882, § 3577; Civil Code 1895, §§ 3742, 5348; Civil Code 1910, §§ 4336, 5943; Code 1933, § 110-501.
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 res judicata statutejudgment conclusive between parties georgiacollateral estoppel georgia codeprivies bound by judgment georgia