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RELATED DOCUMENTS:
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 Complaint

 

 Superior/State Court of Georgia
 Cobb County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Preliminary Allegations

Statement of Jurisdiction

Statement of Venue

The complaint must include facts that establish a basis for venue. (a)(2). more...

Parties' Addresses

It is customary, but not required (except insofar as is necessary to show venue), to allege the home more...

Venue

Georgia's venue rules are complex and differ greatly from those that apply to federal courts and the courts more...

Causes of Action

Notice Pleading

The complaint must contain a short and plain statement of the claims showing that the plaintiff is entitled more...

Each averment in the complaint must be simple, concise, and direct.Alternative claims are allowed and a plaintiff may include in the complaint as many separate claims as he more...

Concise and Direct

Each averment in the complaint should be simple, concise, and direct; no technical forms of pleading are required. more...

Incorporating Exhibits by Reference

A plaintiff may incorporate exhibits into the complaint by reference. (c). more...

Alternative Statements

A party may set forth in a pleading multiple statements of a claim or defense alternatively or hypothetically. more...

Substantial Justice

Pleadings will be construed in a way that will do substantial justice. (f). more...

Prayer for Relief/Demand for Judgment

Required

The complaint must contain a demand for judgment for the relief to which the plaintiff claims he is more...

Restrictions on Dollar Amount That Can Be Claimed

In most cases, there is no restriction on the dollar amount that can be claimed. more...

In medical malpractice cases, if the plaintiff's claim is for $10,000.00 or less, then the complaint must contain more...

For a definition of "medical malpractice" case for these purposes, (a)(1). more...

Alternative Claims for Relief

A plaintiff may demand relief in the alternative or of several different types. (a)(2)(B). more...

Signature

The complaint must be signed by at least one attorney of record in his individual name, and the more...

Verification

Generally Not Required

Generally, a plaintiff is not required to verify his complaint. (b).Certain types of actions, however, require verification. It is recommended that practitioners check the statutory basis, if any, for more...

 Form & Format of Papers

Title and Caption

The complaint must be titled "complaint" and must contain a caption which includes: more...

(a).

Names of Parties

The title of the action contained in the complaint must include the names of all parties. A party whose name is unknown may be designated by any name. more...

Numbered Paragraphs

The complaint must be divided into numbered paragraphs and each numbered paragraph should be limited to a statement more...

Additional Formatting Requirements

Cobb County Superior/State Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Special Requirements for Specific Causes of Action

Particularity Requirements

Fraud or Mistake

Claims of fraud or mistake must be stated with particularity. However, malice, intent, knowledge, and other conditions of mind may be averred generally. more...

Conditions Precedent

Any denial of performance or occurrence of a condition precedent must be made specifically and with particularity. more...

Lack of Capacity

Any issue as to the legal existence of a party, the capacity of a party to bring or more...

Special Damages

Items of special damage must be specifically stated. (g). more...

 Additional Documents

Civil Case Filing Form

The plaintiff must file a civil case filing form with the court clerk together with its complaint. more...

Summons

On filing of the complaint, the court clerk will issue a summons and deliver it for service upon more...

Documents Required for Professional Malpractice Actions

Expert Affidavit Required in All Professional Malpractice Actions

In any suit against a doctor, attorney, or certain other types of professionals licensed by the State of more...

For a list of the professions to which this requirement applies, .1(d). more...

Failure to submit an expert affidavit with the complaint will subject the complaint to dismissal. .1(c). more...

Medical Authorization Form Required in Medical Malpractice Actions

In any case alleging medical malpractice, the plaintiff must file along with the complaint a medical authorization form more...

 Filing & Service

Filing

Local Fee Schedule

Cobb County Filing Fees are available online at the following addresses: more...

State Court: more...

Superior Court: more...

 

Method

Cobb County Superior/State Court SmartRules procedural guide: FILING DOCUMENTS. more...

Venue

Georgia's venue rules are complex and differ greatly from those that apply to federal courts and the courts more...

Service

Timing and Method

Cobb County Superior/State Court SmartRules procedural guide: SERVICE OF PAPERS. more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior
Georgia - Cobb Superior