A motion making any of these defenses shall be made before or at the time of pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Code Section 9-11-56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Code Section 9-11-56.
History. Ga. L. 1966, p. 609, § 12; Ga. L. 1967, p. 226, § 9; Ga. L. 1968, p. 1104, § 3; Ga. L. 1972, p. 689, §§ 4, 5; Ga. L. 1993, p. 91, § 9; Ga. L. 2009, p. 73, § 4/HB 29.
Cross references.
Form of motion to dismiss for failure to state claim upon which relief can be granted and for other grounds stated in subsection (b) of this section, § 9-11-119 .
Form of answer presenting defenses under subsection (b) of this section, § 9-11-120 .
Motions in civil actions, hearing, Uniform Superior Court Rules, Rule 6.3.
Transfer/change of venue, Uniform Superior Court Rules, Rule 19.
Uniform Transfer Rules.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2009, the formatting of subsection (j) was modified to be consistent with the other subsections of this Code section.
Editor’s notes.
Ga. L. 2009, p. 73, § 5/HB 29, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to motions to dismiss filed after July 1, 2009.
U.S. Code.
For provisions of Federal Rules of Civil Procedure, Rule 12, see 28 U.S.C.
Law reviews.
For article comparing sections of the Georgia Civil Practice Act with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967).
For article discussing counterclaims and crossclaims under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 205 (1967).
For article, “Synopses of 1968 Amendments Appellate Procedure Act and Georgia Civil Practice Act,” see 4 Ga. St. B. J. 503 (1968).
For note, “Default Judgments Under the Federal Rules of Civil Procedure and the Georgia Civil Practice Act,” see 7 Ga. St. B J. 385 (1971).
For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).
For article examining waiver of objections to venue and lack of personal jurisdiction by default, see 12 Ga. L. Rev. 181 (1978).
For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981).
For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982).
For case comment, “Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem,” see 21 Ga. L. Rev. 429 (1986).
For article, “On with the Old!,” see 24 Ga. St. B.J. 13 (1987).
For article, “Georgia’s ‘Door-Closing’ Statute: Who Bears the Burden?,” see 24 Ga. St. B.J. 141 (1988).
For note, “Hewitt v. Kalish: Qualifying as an ‘Expert Competent to Testify’ Under O.C.G.A. Section 9-11-9.1,” see 46 Mercer L. Rev. 1537 (1995).
For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006).
For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018).
For article, “2019 Georgia Corporation and Business Organization Case Law Developments,” see 25 Ga. St. B.J. 30 (June 2020).
Structure Georgia Code
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 9-11-7. Pleadings Allowed; Form of Motions
§ 9-11-8. General Rules of Pleading
§ 9-11-9. Pleading Special Matters
§ 9-11-9.1. Affidavit to Accompany Charge of Professional Malpractice
§ 9-11-9.2. Medical Authorization Forms; Review of Protected Health Information
§ 9-11-11. Signing of Pleadings; When Verification Required; Rule Abolished
§ 9-11-13. Counterclaim and Cross-Claim
§ 9-11-14. Third-Party Practice
§ 9-11-15. Amended and Supplemental Pleadings
§ 9-11-16. Pretrial Procedure; Formulating Issues; Order; Calendar