This article shall apply to tort actions as well as actions on contracts.
§ 9-3-98.Applicability of article
Chapter 3. Limitations of Actions · Article 5. Tolling of Limitations · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-3-98 confirms that every tolling rule in this article — for minority, incapacity, fraud, a defendant’s absence from the state, unrepresented estates, and the rest — applies equally to tort claims and to claims arising from contracts, not to one category alone.
Full Text of § 9-3-98
Plain-English Summary
A short section doing a small but important job: it makes clear that the tolling rules in this article are not limited to one kind of lawsuit. Whatever protection the article gives — for minors, for people under a legal disability, for fraud that hides a claim, for a defendant who leaves the state — applies whether the underlying claim sounds in tort or arises from a contract.
Without this clarifying language, a court might read some of these older tolling provisions, several dating back to the 1800s, as written with one type of action in mind and debate whether they reach the other. This section forecloses that debate by extending every rule in the article across both categories.
It functions as connective tissue for the article rather than a standalone rule. On its own it grants no tolling and imposes no deadline; it tells courts how broadly to read the sections around it.
Frequently Asked Questions
Does the tolling in this article apply only to tort claims or only to contract claims?
Neither exclusively. The statute states the article “shall apply to tort actions as well as actions on contracts.”
Does O.C.G.A. § 9-3-98 create a new tolling rule on its own?
No. It is a scope provision that extends the other tolling rules in the article across both tort and contract claims; it does not independently pause any clock.
Why might this clarification have been necessary?
Many of the tolling provisions in this article predate modern drafting and could otherwise be read as limited to one type of action; this section confirms both are covered.
Which kinds of provisions does this applicability rule reach?
All the tolling provisions in this article — those covering disability, fraud, a defendant’s absence from the state, unrepresented estates, counterclaims, and medical malpractice.
Does this section apply to the revival provisions in Article 6 as well?
No. By its terms it applies to “this article,” meaning Article 5 (Tolling of Limitations), not Article 6 (Revival).
Amendment History
Orig. Code 1863, § 2993; Code 1868, § 3006; Code 1873, § 3061; Code 1882, § 3061; Civil Code 1895, § 3901; Civil Code 1910, § 4498; Code 1933, § 3-1005.
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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