Litigation in Georgia: Deadlines, Defaults and the 2025 Procedure Changes
A Georgia lawsuit runs on short, fixed clocks: 30 days to answer, 15 days to reopen a default as of right, and 2 years to sue for most injuries to the person. In 2025 Senate Bill 68 changed several of the rules that govern them, and most of it applies to cases already pending.
We have no Georgia office. Aaron Bedy, Of Counsel, is admitted in Georgia and in Florida; his listed practice areas are estate planning and real estate law.
How a Georgia civil case moves, and what changed in 2025
A defendant must serve an answer within 30 days after service of the summons and complaint (O.C.G.A. 9-11-12(a)). Since April 21, 2025, if a pre-answer motion is denied, the answer is due 15 days after notice of the ruling unless the court sets a different time. Miss the deadline and the case is automatically in default, but the default can be opened as a matter of right by filing defenses within 15 days and paying costs (9-11-55). After that, opening it takes a sworn showing, including a meritorious defense. A motion to dismiss filed before the answer stays discovery until the court rules, the court is to decide it within 90 days after briefing closes, and the stay ends as to a defendant who answers first (9-11-12(j)).
The 2025 act also narrowed the plaintiff's free dismissal. A plaintiff may now dismiss by notice only before the 60th day following the date the opposing party serves an answer; the old rule ran until the first witness was sworn (9-11-41). A timely case that is dismissed may be renewed within the original period or 6 months, whichever is later (9-2-61). In bodily injury trials, counsel may argue the monetary value of noneconomic damages only after the close of evidence (9-10-184), and any party may elect a two-phase trial of fault and then damages, though the court may reject the election on motion when the amount in controversy is under $150,000 (51-12-15).
Magistrate court civil claims are capped at $15,000 (15-10-2). A written offer of settlement on a tort claim shifts fees if the judgment is under 75 percent of a defendant's rejected offer or over 125 percent of a plaintiff's (9-11-68).
Pre-Suit Assessment
Confirming the limitation period and deciding whether a demand or an offer of settlement under 9-11-68 should come first.
Answers and Default Relief
Meeting the 30-day answer deadline, or moving to open a default inside the 15-day window.
Motions, Trial and Appeal
Motions to dismiss, summary judgment, and trial under the 2025 damages-argument and two-phase trial rules.
How long do I have to answer a lawsuit in Georgia?
30 days after you are served with the summons and complaint (9-11-12(a)). If you file a motion and it is denied, you have 15 days after notice of the ruling, unless the court sets a different time.
Can I fix a default in Georgia?
If you are only in default, you may open it as a matter of right within 15 days of the day of default by filing your defenses and paying costs (9-11-55). After that, the court may open it before final judgment on a sworn showing, including a meritorious defense.
What is the statute of limitations for a personal injury claim in Georgia?
2 years after the right of action accrues (9-3-33); injuries to reputation have 1 year. A written contract claim has 6 years (9-3-24), and an oral contract or open account claim 4 years (9-3-25).
Can a plaintiff dismiss a Georgia lawsuit and refile?
By notice, only before the 60th day following the date the opposing party serves an answer (9-11-41). That dismissal is without prejudice unless the plaintiff previously dismissed a federal or state court action based on or including the same claim, in which case it operates as an adjudication on the merits. Renewal is available within 6 months under 9-2-61 when the first case was timely filed.
Facing a lawsuit in Georgia?
The first consultation is confidential, and we respond within one business day. If you have been served, bring the summons and the date you received it, and we will tell you what deadline is running.