A party may amend his pleading freely and without leave of court at any time before entry of a pretrial order. O.C.G.A. 9-11-15(a).
After a pretrial order has been entered, a party may file an amended pleading only after obtaining leave of court, which the court will grant when justice requires, or with written consent from all adverse parties. O.C.G.A. 9-11-15(a).
A party may file a motion or supplemental pleading in response to an opposing party's amended pleading. If the court orders a party to plead in response to another party's amended pleading, then the party must file his responsive pleading within fifteen (15) days after being served with the other party's amended pleading, unless the court provides otherwise. O.C.G.A. 9-11-15(a).
Amendment by Consent of Parties
If the parties try, by either express or implied consent, issues that were not raised in the pleadings, those issues will be treated in all respects as if they had been raised in the pleadings. On a proper motion, any party will be permitted to amend the pleadings as necessary so that they raise any such issues and conform to the evidence presented at trial. A party may file such a motion at any time, including after judgment has been entered, but failure to amend the pleadings will not affect the resolution of such issues at trial. O.C.G.A. 9-11-15(b).
Amendment by Permission of Court
Additional Claim or Defense
An amended pleading relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arises from the same conduct, transaction, or occurrence set forth (or attempted to be set forth) in the original pleading. O.C.G.A. 9-11-15(c).
Change of Party
If a party moves for permission to file a supplemental pleading, after reasonable notice and on such terms as are just a court may permit the party to file a supplemental pleading setting forth transactions, occurrences, or events that have happened since the date of the party's original pleading, even if the original pleading was defective in stating a claim or defense. The court may require any adverse party to plead in response to the supplemental pleading within a time period set by the court. O.C.G.A. 9-11-15(d).
See Gwinnett County Superior/State Court SmartRules™ procedural guide: COMPLAINT; VENUE.
See Gwinnett County Superior/State Court SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
All papers after the complaint that must be served, must also be filed with the court within the time allowed for service. O.C.G.A. 9-11-5 (d) (amended eff 5/7/19).
See Gwinnett County Superior/State Court SmartRules™ procedural guide: FILING DOCUMENTS.
Gwinnett County filing fees are available online at the following links:
Amended Pleadings to be Served on All Parties
A party filing an amended pleading must serve every other party to the action with a copy of the amended pleading. O.C.G.A. 9-11-5 (a) (amended eff 5/7/19).
If an amended complaint adds new parties, those parties must be served with process as if the amended pleading were an original pleading. See Gwinnett County Superior/State Court SmartRules™ procedural guide: SERVICE OF PROCESS.
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