§ 9-9-63.Tolling of statute of limitations; when action permitted after filing of petition for arbitration
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceTolls the statute of limitations on a medical malpractice claim from the moment the arbitration petition is filed until the earliest of three trigger events, and lets the claimant bring suit in any court with jurisdiction if the limitations period has not yet run once the tolling ends.
(a)The filing of the petition for an order authorizing arbitration as provided in Code Section 9-9-62 shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until the earliest of:
(1)Thirty days after the filing of the petition, when the judge has failed within the 30 days to issue an order authorizing arbitration as provided in Code Section 9-9-62;
(2)Sixty days after the issuance of the judge’s order authorizing arbitration, when the parties or their representatives have failed by such time to sign the arbitration submission as provided in Code Section 9-9-65; or
(3)The date the arbitration submission is revoked as provided in Code Section 9-9-65.
(b)If any of the contingencies listed in subsection (a) of this Code section occur and if the statute of limitations has not yet run, the medical malpractice claim may be brought in any court of this state having jurisdiction.
Plain-English Summary
Filing the petition for an arbitration order under Code Section 9-9-62 does more than start the arbitration process — it also freezes the statute of limitations. That protection lasts until the earliest of three things happens: 30 days pass after filing without the judge issuing an order; 60 days pass after the judge’s order without the parties signing the arbitration submission required by Code Section 9-9-65; or the submission gets revoked under that same section.
This matters because arbitration under this article depends on several steps lining up — a timely court order, a signed submission, continued agreement between the parties. If any of those steps stalls or falls through, a claimant who spent time pursuing arbitration in good faith won’t have burned through the limitations period in the process.
Once tolling ends under one of the three triggers, the claimant isn’t stuck. If time remains on the limitations clock, the claim can go forward in any Georgia court with jurisdiction over it.
Frequently Asked Questions
What starts the tolling of the statute of limitations?
Filing the petition for an order authorizing arbitration under Code Section 9-9-62.
When does tolling end if the judge never issues an arbitration order?
30 days after the petition is filed, if the judge has not issued the order by then.
When does tolling end if the parties never sign the arbitration submission?
60 days after the judge’s order authorizing arbitration, if the submission required by Code Section 9-9-65 still hasn’t been signed.
What happens to tolling if the arbitration submission is revoked?
Tolling ends on the date the submission is revoked, as provided in Code Section 9-9-65.
Can the claimant still sue in court after the arbitration attempt stalls?
Yes, if the statute of limitations has not yet run once tolling ends, the claim may be brought in any court of the state having jurisdiction.
Amendment History
Code 1933, § 7-404, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-113; Code 1981, § 9-9-63, as redesignated by Ga. L. 1988, p. 903, § 3.
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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