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§ 9-15-11.Inclusion of costs in judgment; itemization and endorsement on execution

Chapter 15. Court and Litigation Costs · Last amended 1983 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-15-11 folds costs, including witness fees, into the judgment against whichever party dismisses, is dismissed, or is cast, and requires the officer issuing execution to endorse the judgment’s date and amount along with an itemized bill of costs before any cost can be demanded.

Full Text of § 9-15-11

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When a case is disposed of, the costs, including fees of witnesses, shall be included in the judgment against the party voluntarily dismissing, being involuntarily dismissed, or cast in the action. It shall be the duty of the clerk of the court, of the magistrate, or of any other officer who may issue an execution to endorse on the execution at the time it is issued the date and amount of the judgment, the items of the bill of cost, written in words, and the amount of each item distinctly stated in figures. No costs or items of costs shall in any case be demanded by any officer unless they are itemized and endorsed as provided in this Code section.

Plain-English Summary

This section connects cost liability to enforcement. Once a case is disposed of, the costs — including witness fees — become part of the judgment against the party who voluntarily dismissed, was involuntarily dismissed, or was cast in the action. That folds the cost obligation created elsewhere in this chapter into a single, enforceable judgment rather than leaving it as a separate, undocumented debt.

Enforcement then depends on paperwork the statute requires in detail. Whoever issues the execution — the clerk of court, a magistrate, or another officer — must endorse on it the date and amount of the judgment, along with the items making up the bill of cost, written out in words, and each item’s amount stated again in figures. That double-checked itemization isn’t optional formality: the statute bars any officer from demanding costs, or any item of costs, unless they’ve been itemized and endorsed exactly as the section describes.

Frequently Asked Questions

Are court costs automatically part of the judgment in a Georgia civil case?

Yes. Costs, including witness fees, are included in the judgment against the party who dismisses, is dismissed, or is cast in the action.

What must an officer do before issuing execution to collect costs?

Endorse on the execution the date and amount of the judgment, the items making up the bill of cost written in words, and each item’s amount stated again in figures.

Can an officer demand costs that haven’t been itemized this way?

No. The statute bars demanding any costs or items of costs unless they’ve been itemized and endorsed as this section requires.

Who is responsible for itemizing costs on the execution?

Whichever officer issues the execution — the clerk of court, a magistrate, or another officer authorized to issue it.

Does the judgment folded in under this section include witness fees?

Yes, the statute expressly includes “fees of witnesses” among the costs rolled into the judgment.

Amendment History

Orig. Code 1863, § 3610; Code 1868, § 3635; Ga. L. 1870, p. 67, § 1; Code 1873, § 3685; Code 1882, § 3685; Civil Code 1895, § 5394; Civil Code 1910, § 5992; Code 1933, § 24-3410; Ga. L. 1983, p. 884, § 4-1.

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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