Georgia § 15-9-47 - Default judgments; governing provisions.

§ 15-9-47. Default judgments; governing provisions.

If in any case pending before the probate court an answer, caveat, or other responsive pleading has not been filed within the time required by law or by lawful order of the court, the case shall automatically become in default unless the time for filing the answer, caveat, or other responsive pleading has been extended as provided by law. The petitioner at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the petition or other pleadings filed in the matter were supported by proper evidence. At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to open for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to open, on terms to be fixed by the court. In order for the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the hearing in the matter. The provisions of this Code section shall govern in proceedings pertaining to defaults in the probate court, and the provisions of Code Section 9-11-55 shall not be applicable to such proceedings. (Code 1981, § 15-9-47 , enacted by Ga. L. 1992, p. 2479, § 1; Ga. L. 2020, p. 377, § 2-16/HB 865.) The 2020 amendment, effective January 1, 2021, designated the existing provisions as subsection (a), substituted "If" for "Notwithstanding any provisions of Chapter 11 of Title 9, if" at the beginning of subsection (a), and added subsection (b). Law reviews. - For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).