The pendency of a prior action in another state shall not abate an action between the same parties for the same cause in this state.
§ 9-2-45.No abatement for pendency of action in another state
Chapter 2. Actions Generally · Article 3. Abatement · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-45 provides that a lawsuit already pending in another state between the same parties over the same cause of action does not abate a Georgia action, meaning the out-of-state case cannot be used as a defense to stop the Georgia lawsuit from proceeding on its own timeline.
Full Text of § 9-2-45
Plain-English Summary
Section 9-2-5 blocks a plaintiff from prosecuting two suits at once for the same claim against the same party within Georgia’s own court system. This section makes clear that rule doesn’t reach across state lines.
The pendency of a prior action in another state does not abate a Georgia action between the same parties for the same cause. A defendant who is already being sued in, say, Alabama or Florida over the same dispute can’t point to that out-of-state case as a reason to dismiss or pause the Georgia lawsuit.
The rule reflects a practical limit on deference between states: Georgia courts don’t automatically defer to litigation happening elsewhere just because it covers the same ground. A companion section addresses what a Georgia court does when a party goes on to file a parallel case in another state after the Georgia case has already started, which is a related but distinct scenario.
Frequently Asked Questions
If someone sues me in another state over the same dispute, can I use that to stop a Georgia lawsuit against me?
No. The pendency of a prior action in another state does not abate an action between the same parties for the same cause in Georgia.
Does this section apply to lawsuits pending in other Georgia courts?
No, it addresses a prior action pending in another state, not a prior action pending in another Georgia court.
Do the parties have to be the same in both the Georgia case and the out-of-state case for this rule to matter?
Yes. The section addresses an action between the same parties for the same cause in this state, as compared to the action in the other state.
Does this section prevent someone from filing the same claim in two states?
It doesn’t prevent the filing; it addresses only whether the earlier out-of-state filing abates the Georgia action, and states that it does not.
Is there a Georgia rule addressing what happens after a party files a parallel case in another state while a Georgia case is already pending?
Yes, a separate Code section in this article addresses that situation and directs the Georgia court to set the case for early trial.
Amendment History
Civil Code 1895, § 3738; Civil Code 1910, § 4332; Code 1933, § 3-602.
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: pending lawsuit another state Georgia abatementout of state lawsuit does not abate Georgia actionGeorgia Code Section 9-2-45same claim filed in two states Georgiaprior action other state Georgia lawsuit