Georgia § 9-2-5 - Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception.
Full text of Georgia Official Code of Georgia Annotated § 9-2-5 — Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception., with citation guidance and answers to common questions.
§ 9-2-5. Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception.
No plaintiff may prosecute two actions in the courts at the same time for the same cause of action and against the same party. If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute. If two such actions are commenced at different times, the pendency of the former shall be a good defense to the latter. The rule requiring a plaintiff to elect shall not apply to a prior attachment against property where the defendant is subsequently served personally nor to an attachment obtained during the pendency of an action. However, the judgment in the case against the person shall set out the fact of its identity with the proceedings against the property. (Orig. Code 1863, §§ 2835, 2836; Code 1868, §§ 2843, 2844; Code 1873, §§ 2894, 2895; Code 1882, §§ 2894, 2895; Civil Code 1895, §§ 3737, 3739; Civil Code 1910, §§ 4331, 4333; Code 1933, §§ 3-601, 3-605; Ga. L. 1982, p. 3, § 9.) Cross references. - Pendency of former action good cause for abatement of latter on same cause, § 9-2-44 . Law reviews. - For survey article on trial practice and procedure, see 34 Mercer L. Rev. 299 (1982). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B.J. 24 (1985).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 9-2-5
What does Official Code of Georgia Annotated § 9-2-5 cover?
Section 9-2-5 ("Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 9-2-5?
A common citation format is "Official Code of Georgia Annotated § 9-2-5" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 9-2-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.