In all actions against two or more defendants, one or more of whom have died or may die pending the action, the plaintiff may suggest the death of record and proceed against the surviving defendants to the extent of their respective liabilities.
§ 9-2-42.Death of one or more codefendants; suggestion of record
Chapter 2. Actions Generally · Article 3. Abatement · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-42 lets a plaintiff, in an action against two or more defendants where one or more have died or may die while the case is pending, note that death on the court record and continue the case against the surviving defendants, limited to the extent of each surviving defendant’s own liability.
Full Text of § 9-2-42
Plain-English Summary
A case against multiple defendants doesn’t have to grind to a halt because one of them dies. This section gives the plaintiff a lightweight tool for handling that situation without a formal substitution proceeding for every defendant involved.
In an action against two or more defendants where one or more have died, or may die, while the case is pending, the plaintiff may note the death of record — placing it formally in the case file — and proceed against the surviving defendants.
The case moves forward only to the extent of the surviving defendants’ own liabilities. Their exposure isn’t expanded to cover what the deceased defendant might have owed; each remaining defendant answers for their own share, and the deceased defendant’s liability gets handled separately, if at all, through the estate.
Frequently Asked Questions
What happens if one of several defendants dies while a lawsuit is pending?
The plaintiff may suggest the death of record and proceed against the surviving defendants.
Does this section require a formal substitution proceeding for the deceased defendant?
The text describes suggesting the death of record as the mechanism for proceeding, rather than describing a separate substitution proceeding for the deceased defendant.
Can the case continue against surviving defendants for the full amount originally claimed?
The section limits the case against survivors to the extent of their respective liabilities, not necessarily the full original claim.
Does this section apply if a defendant might die in the future, or only after death has occurred?
It covers both — defendants who “have died or may die pending the action.”
Does this section apply to actions with only one defendant?
No. It addresses actions against two or more defendants.
Amendment History
Ga. L. 1859, p. 49, § 1; Code 1863, § 3377; Code 1868, § 3396; Code 1873, § 3444; Code 1882, § 3444; Civil Code 1895, § 5041; Civil Code 1910, § 5623; Code 1933, § 3-506.
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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