For every right there shall be a remedy; every court having jurisdiction of the one may, if necessary, frame the other.
§ 9-2-3.Remedy for every right
Chapter 2. Actions Generally · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-3 states the general principle that every legal right carries a corresponding remedy, and directs that any court with jurisdiction over the right may, when necessary, fashion the remedy itself even if no statute or procedural rule spells one out in advance.
Full Text of § 9-2-3
Plain-English Summary
This is one of the shortest sections in Title 9, and one of the most powerful. It says that a right without a remedy isn’t a right at all — for every right, there is a remedy, and the court that has jurisdiction over the right can build that remedy if none already exists.
In practice, this gives Georgia courts room to act when a plaintiff has a legitimate grievance but no statute or established procedure fits the situation neatly. Rather than turning the plaintiff away for lack of a matching form of action, the court may fashion relief that fits the right at stake.
The section works as a backstop, not a substitute for the specific rules found elsewhere in the code. Where a statute or rule already supplies a remedy, courts apply it; this provision matters most in the gaps, when a court must decide whether it has the power to grant relief for a right the legislature or common law recognizes but never wired up to a specific procedure.
Frequently Asked Questions
What does O.C.G.A. § 9-2-3 provide?
It provides that for every right there is a remedy, and that a court with jurisdiction over the right may, if necessary, frame the remedy.
Can a Georgia court create a remedy that isn’t written into a statute?
Yes, within the terms of this section — if the court has jurisdiction over the right at issue and no remedy already exists, it may frame one.
Does this section create new legal rights?
No. It addresses remedies for rights that already exist; it doesn’t state that new rights arise from the section itself.
Which court can frame a remedy under this section?
The text specifies “every court having jurisdiction of the one,” meaning whichever court has jurisdiction over the underlying right may frame the corresponding remedy.
Is a court required to create a remedy, or is it optional?
The section says a court “may, if necessary,” frame the remedy, language that leaves the decision to the court’s judgment rather than commanding it in every case.
Amendment History
Orig. Code 1863, § 3174; Code 1868, § 3185; Code 1873, § 3250; Code 1882, § 3250; Civil Code 1895, § 4929; Civil Code 1910, § 5506; Code 1933, § 3-105.
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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