Georgia § 9-11-55 - Default judgment.

§ 9-11-55. Default judgment.

When case in default; opening as matter of right; judgment. If in any case an answer has not been filed within the time required by this chapter, the case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs. If the case is still in default after the expiration of the period of 15 days, the plaintiff 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 complaint or other original pleading were supported by proper evidence, without the intervention of a jury, unless the action is one ex delicto or involves unliquidated damages, in which event the plaintiff shall be required to introduce evidence and establish the amount of damages before the court without a jury, with the right of the defendant to introduce evidence as to damages and the right of either to move for a new trial in respect of such damages; provided, however, in the event a defendant, though in default, has placed damages in issue by filing a pleading raising such issue, either party shall be entitled, upon demand, to a jury trial of the issue as to damages. An action based upon open account shall not be considered one for unliquidated damages within the meaning of this Code section. Opening default. At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened 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 be opened, on terms to be fixed by the court. In order to allow 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 trial. (Ga. L. 1966, p. 609, § 55; Ga. L. 1967, p. 226, § 24; Ga. L. 1981, p. 769, § 1; Ga. L. 1982, p. 3, § 9.) Default judgments, Uniform Superior Court Rules, Rule 15. Default judgments in state court cases, Uniform State Court Rules, Rule 15. Default judgments in probate court proceedings, Uniform Rules for the Probate Courts, Rule 13. Cross references. - Provision that judge is qualified to try civil case where no defense is filed, irrespective of relationship to party or interest in case, § 15-1-9 . U.S. Code. - For provisions of Federal Rules of Civil Procedure, Rule 55, see 28 U.S.C. Law reviews. - For article surveying Georgia cases dealing with domestic relations from June 1977 through May 1978, see 30 Mercer L. Rev. 59 (1978). For article dealing with prevention of malpractice claims and litigation, see 16 Ga. St. B.J. 68 (1979). For survey article citing developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008). For article, "Discovering Clarity: A Call to Renovate Georgia's Discovery Landscape," see 19 Ga. St. B.J. 11 (April 2014). 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, "Preferential Treatment of the United States under Federal Civil Discovery Procedures," see 13 Ga. L. Rev. 550 (1979).