Ga. Code Ann. § 9-11-3

Section 9-11-3 treats a civil action as commenced when the complaint is filed, including when timely, good-faith compliance with a clerk’s specified filing procedure constitutes delivery and receipt for filing.

Forsyth v. Hale · filed 1983-04-05

“A civil action is commenced by filing a complaint with the court.” OCGA § 9-11-3 (Code Ann. § 81A-103). ... “Accordingly, we hold that where the undisputed evidence shows a timely and good faith compliance with the uncontroverted “intention” of the appropriate official that certain specified actions shall constitute the delivery to and receipt by him of papers for filing, the papers are to be considered filed as of the date of the compliance with that expressed intention.”

Section 9-11-3 provides that a civil action is commenced by filing the complaint, although service must follow within a reasonable time for the filing date to relate back.

Cambridge Mutual Fire Insurance v. City of Claxton, Georgia · filed 1983-12-05

Like the federal rule, the Georgia statute provides that a civil action is commenced by the filing of a complaint. O.C.G.A. § 9-11-3 (1982) (formerly Ga.Code Ann. § 81A-103).

Section 9-11-3 requires a civil action to be commenced by filing a complaint, so a contempt motion cannot by itself commence a separate civil action for damages.

Opatut v. Guest Pond Club, Inc. · filed 1985-03-15

“[A] motion for contempt ‘is not tantamount to the filing of a complaint.’ ” ... “[A]n application for contempt does not come within the definition of a pleading.” ... Thus, an application for contempt may not, standing alone, serve to commence a civil action for damages as it is not a complaint. OCGA §§ 9-11-3, 9-11-7.

Section 9-11-3 provides that a civil action commences when the complaint is filed with the court.

Belco Electric, Inc. v. Bush · filed 1992-06-10

As provided in OCGA § 9-11-3, “[a] civil action is commenced by filing a complaint with the court.”

Section 9-11-3 treats a civil action as commenced by filing a complaint, so it does not govern a special confirmation proceeding initiated by an application.

Vlass v. Security Pacific National Bank · filed 1993-06-21

“‘A civil action is commenced by filing a complaint with the court.’ (Emphasis supplied.) OCGA § 9-11-3. ... It is clear, however, that an application for confirmation is not a ‘complaint’ which initiates a ‘civil action’ in the superior court. ... Since it is clear that an application for confirmation merely invokes the superior court’s supervisory authority over non-judicial foreclosure sales under power and is not a ‘complaint’ by which the creditor initiates a ‘civil action’ against the debtor in the superior court, it necessarily follows that such an application need not be served on the debtor in accordance with OCGA § 9-11-4.”

Section 9-11-3 provides that a civil action is commenced when the complaint is filed with the court, and mailing the complaint alone is not filing with the court.

Mingledorff v. Stokely · filed 1996-10-15

“A civil action is commenced by filing a complaint with the court.” OCGA § 9-11-3. And filing “with the court” does not mean depositing the complaint in the mail.

Section 9-11-3 provides that a civil action is commenced when the complaint is filed with the court.

Flemister v. Hopko · filed 1998-01-07

“A civil action is commenced by filing a com*94plaint with the court.”

Section 9-11-3(a) provides that a civil action commences when the complaint is filed with the court.

Wesley Chapel Foot & Ankle Center, LLC v. Johnson · filed 2007-07-16(a)

Generally speaking, a civil “action” is “brought” when a plaintiff files a complaint praying for a judgment against a defendant, thus initiating legal proceedings. OCGA § 9-11-3 (a) (“Acivil action is commenced by filing a complaint with the court.”); Cochran v. Bowers, 274 Ga. App. 449, 454 (1), n. 2 (617 SE2d 563) (2005) (a medical malpractice action is commenced by the filing of the complaint).

Section 9-11-3(a) provides that a civil action is commenced by filing a complaint with the court.

Exel Transportation Services, Inc. v. Sigma Vita, Inc. · filed 2007-11-21(a)

Otherwise, OCGA § 9-11-3 (a) is clear that “[a] civil action is commenced by filing a complaint with the court.” Since Sigma did not file its complaint with the court until April 19, 2006 •— five days past the expiration of the federal limitation period — its claims are time barred.

Section 9-11-3(a) provides that a civil action is commenced by filing a complaint with the court.

McCallister v. Knowles · filed 2010-02-16(a)

Thus, once the suit is served, it is the commencement that is key, and, as stated in OCGA § 9-11-3 (a), a “civil action is commenced by filing a complaint with the court.”

Section 9-11-3(a) provides that a civil action commences when the complaint is filed with the court.

Odion v. Varon · filed 2011-09-29(a)

Although an action is not a “pending” suit until after service of process is perfected, once service is accomplished, it relates back to the date of filing, and the date of filing establishes the date the action is commenced.

Section 9-11-3 requires a civil action to be commenced by filing a complaint, so a motion for contempt cannot, by itself, commence a civil action for damages.

In Re Estate of William James Butler · filed 2020-07-17

A motion for contempt is not tantamount to the filing of a complaint[, and] an application for contempt does not come within the definition of a pleading. Thus, an application for contempt may not, standing alone, serve to commence a civil action for damages as it is not a complaint. OCGA §§ 9-11-3, 9-11-7.

Section 9-11-3 provides that a civil action is commenced by filing the complaint.

Robinette v. Johnston · filed 1986-06-17

Georgia law similarly provides that an action is commenced by the filing of the complaint. O.C.G.A. § 9-11-3 (Michie 1982).

Section 9-11-3 provides that a civil action is commenced by filing a complaint with the court.

Day v. Burnett · filed 1991-04-01

“ ‘A civil action is commenced by filing a complaint with the court.’ OCGA § 9-11-3.

Section 9-11-3 provides that a civil action is commenced by filing a complaint with the court.

Lackey v. Crittenden · filed 1995-05-12

“A civil action is commenced by filing a complaint with the court.” OCGA § 9-11-3. “[A]n action brought on [May 19,1993], seeking to recover damages for injuries to the person alleged to have been sustained on [May 17, 1991], is barred by the statute of [limitation], which requires such actions to be brought within two years after the right of action accrues. [Cits.]”

Section 9-11-3(a) provides that an action is initiated by filing the complaint with the court, so the mailbox rule does not make an initial habeas petition filed when a prisoner delivers it to prison officials.

Roberts v. Cooper · filed 2010-03-15(a)

Rather, “[t]he Civil Practice Act, OCGA § 9-11-1 et seq., applies in habeas corpus proceedings with regard to questions of pleading and practice. [Cit.]” State v. Jaramillo, 279 Ga. 691, 693 (2) (620 SE2d 798) (2005). Under the Civil Practice Act, an action is initiated “by filing a complaint with the court.” (Emphasis supplied.) OCGA § 9-11-3 (a).

Section 9-11-3 provides that a civil action commences when the complaint is filed with the court.

Dye v. Amdocs, Inc. · filed 2020-08-31

In Georgia, a civil suit commences when the complaint is filed with the court. O.C.G.A. § 9-11-3.

A suit commences only after the petition is filed and the defendant is properly served.

Thorburn Co. v. Allied Media of Georgia, Inc. · filed 1999-04-28

A suit commences only after the filing of a petition and the proper service of process upon the defendant as required and authorized by law.

Section 9-11-3 treats an action as commenced when the complaint is filed, subject to the service-related limitation on tolling the statute of limitations.

Roberts v. Jones · filed 2005-05-09

Georgia law, like federal law, states that an action is commenced with the filing of the complaint with the court. O.C.G.A. § 9-11-3; Fed.R.Civ.Pro. 3. The Georgia statute is limited, unlike the federal rule, by the next statute which impacts the running of the statute of limitations. O.C.G.A. § 9-ll-4(c) provides that service is to made within five days of the filing of the complaint.

A motion to confirm an arbitration award is not a complaint commencing a civil action and does not allow discovery under the Civil Practice Act.

Fuller Enterprises, Inc. v. Hardin Construction Group, Inc. · filed 1994-11-22

Accordingly, since the application is not a complaint initiating a civil action, under Vlass, we find Hardin is not entitled to conduct discovery under the CPA.

A civil action is brought when the complaint is filed; amending it to name the real party in interest does not start a new action.

Rooks v. Tenet Health System GB, Inc. · filed 2008-07-07(a)

under OCGA § 9-11-3 (a), a civil “action” is “brought” when a plaintiff files a complaint against a defendant, thus initiating legal proceedings. ... Here, the wrongful death action was initiated within five years of the alleged negligent acts. And an amendment to that suit to correct the real party in interest does not “initiate” a new claim. We therefore hold that the statute of repose does not prevent amendment of the complaint to indicate that Deborah is the real party plaintiff on the wrongful death claim.

Subsection (b) refers to the civil case filing form filed with a complaint, not the method used to file the complaint.

Batesville Casket Co. v. Watkins Mortuary, Inc. · filed 2008-10-07(b)

The “form” referred to in that section clearly refers to the civil case filing form which is to be filed along with the complaint, not the method of filing.

Section 9-11-3(b) requires the court to allow correction of a missing or inaccurate civil case filing form and bars dismissal of a civil action on that basis.

Brewton v. Kriten Poss · filed 2012-06-14(b)

OCGA § 9-11-3 (b) provides that [i]f, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action.

A motion presented and argued at a hearing is effectively presented to the trial court.

Marsh v. Way · filed 1985-12-03(b)(1)

Here, the trial court’s order states that the motion to open default was presented and argued at a hearing. The motion, therefore, was effectively *285presented to the trial court. OCGA § 9-11-3 (b) (1); Newport Timber Corp. v. Floyd, 247 Ga. 535, 537, fn. 2 (277 SE2d 646) (1981).