Title 9, Chapter 15, Section 14
(a) In any civil action in any court of record of this state,
reasonable and necessary attorney's fees and expenses of litigation
shall be awarded to any party against whom another party has
asserted a claim, defense, or other position with respect to which
there existed such a complete absence of any justiciable issue of
law or fact that it could not be reasonably believed that a court
would accept the asserted claim, defense, or other position.
Attorney's fees and expenses so awarded shall be assessed against
the party asserting such claim, defense, or other position, or
against that party's attorney, or against both in such manner as is
(b) The court may assess reasonable and necessary attorney's fees
and expenses of litigation in any civil action in any court of
record if, upon the motion of any party or the court itself, it
finds that an attorney or party brought or defended an action, or
any part thereof, that lacked substantial justification or that the
action, or any part thereof, was interposed for delay or harassment,
or if it finds that an attorney or party unnecessarily expanded the
proceeding by other improper conduct, including, but not limited to,
abuses of discovery procedures available under Chapter 11 of this
title, the "Georgia Civil Practice Act." As used in this Code
section, "lacked substantial justification" means substantially
frivolous, substantially groundless, or substantially vexatious.
(c) No attorney or party shall be assessed attorney's fees as to any
claim or defense which the court determines was asserted by said
attorney or party in a good faith attempt to establish a new theory
of law in Georgia if such new theory of law is based on some
recognized precedential or persuasive authority.
(d) Attorney's fees and expenses of litigation awarded under this
Code section shall not exceed amounts which are reasonable and
necessary for defending or asserting the rights of a party.
Attorney's fees and expenses of litigation incurred in obtaining an
order of court pursuant to this Code section may also be assessed by
the court and included in its order.
(e) Attorney's fees and expenses under this Code section may be
requested by motion at any time during the course of the action but
not later than 45 days after the final disposition of the action.
(f) An award of reasonable and necessary attorney's fees or expenses
of litigation under this Code section shall be determined by the
court without a jury and shall be made by an order of court which
shall constitute and be enforceable as a money judgment.
(g) Attorney's fees and expenses of litigation awarded under this
Code section in a prior action between the same parties shall be
treated as court costs with regard to the filing of any subsequent
(h) This Code section shall not apply to proceedings in magistrate
courts. However, when a case is appealed from the magistrate court,
the appellee may seek litigation expenses incurred below if the
appeal lacks substantial justification.