As used in this title, the term:
§ 9-2-1.Definitions
Chapter 2. Actions Generally · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-1 defines the three terms that frame every lawsuit under Title 9: an “action” is the judicial means of enforcing a right, a “civil action” is one founded on private rights arising from contract or tort, and a “penal action” pursues public justice under specific statutes.
Full Text of § 9-2-1
(1) “Action” means the judicial means of enforcing a right.
(2) “Civil action” means an action founded on private rights, arising either from contract or tort.
(3) “Penal action” means an action allowed in pursuance of public justice under particular laws.
Plain-English Summary
Before Title 9 tells you how to sue someone, it tells you what a lawsuit is. This section supplies three definitions that anchor everything that follows: “action,” “civil action,” and “penal action.”
An “action” is broad — the judicial means of enforcing a right, whatever that right happens to be. A “civil action” narrows that down to disputes over private rights, the kind that grow out of a contract or a personal or property injury (a tort). A “penal action,” by contrast, isn’t about a private grievance at all; it’s a suit brought to enforce public justice under a particular statute, often to recover a fine or penalty rather than compensate a private party.
The distinction matters because different rules attach to each category elsewhere in the title. Sections on who may sue and be sued, for example, split along contract and tort lines that trace back to the “civil action” definition here, while the rules on penal actions elsewhere in the chapter, like who may serve as plaintiff, depend on this section’s definition of a “penal action.”
Frequently Asked Questions
What does O.C.G.A. § 9-2-1 mean by an “action”?
The statute defines an “action” as the judicial means of enforcing a right — the broadest of the three terms, covering any lawsuit no matter what kind of right is at stake.
How does a “civil action” differ from a “penal action”?
A “civil action” is founded on private rights arising from contract or tort, while a “penal action” is allowed in pursuit of public justice under particular laws, typically to recover a fine or penalty rather than to compensate a private party.
Does this section cover criminal prosecutions?
No. This section’s own definition describes a “penal action” only as one “allowed in pursuance of public justice under particular laws” — it doesn’t itself mention fines, forfeitures, or penalties; that detail comes from other Code sections that use the term. Either way, a penal action is a civil-style suit brought under a statute, not a criminal prosecution.
Where do the “civil action” and “penal action” definitions apply?
The opening line of the section states that the definitions apply “as used in this title,” meaning they set the vocabulary for Title 9 of the Georgia Code as a whole.
Why does Georgia law bother defining “action” at all?
Because so many other sections in Title 9 build on these three terms — rules about parties, joinder, abatement, and remedies all assume the reader knows whether a given case is a civil action or a penal action, and this section supplies that baseline.
Amendment History
Orig. Code 1863, §§ 3175, 3177, 3178; Code 1868, §§ 3186, 3188, 3189; Code 1873, §§ 3251, 3253, 3254; Code 1882, §§ 3251, 3253, 3254; Civil Code 1895, §§ 4930, 4932, 4933; Civil Code 1910, §§ 5507, 5509, 5510; Code 1933, §§ 3-101, 3-102, 3-103.
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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