2010 Georgia Code 15-9-47 Case Law
Home
Menu


Jacksonville Attorney
Graham W. Syfert, Esq.

1650 Margaret St, Ste. 302, PMB#264
Jacksonville, FL 32204


Phone: 904-383-7448
E-mail: graham@syfert.com
Fax: 904-638-4726

Enter Code Number:
16-14-4 or 16-13-32

One Click Case Law for § 15-9-47
O.C.G.A. § 15-9-46 <-- --> O.C.G.A. §15-9-5



2010 Georgia Code

TITLE 15 - COURTS

CHAPTER 9 - PROBATE COURTS
ARTICLE 2 - JURISDICTION, POWER, AND DUTIES
§ 15-9-47 - Default judgments in probate court

O.C.G.A. 15-9-47 (2010)
15-9-47. Default judgments in probate court


Notwithstanding any provisions of Chapter 11 of Title 9, 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.

Georgia Caselaw Research

Google Scholar

Graham Syfert - Jacksonville Lawyer

Home * About Graham Syfert * Contact Us * Map and Location
Graham's Personal Blog


Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com