Ga. Unif. R. Mag. Ct. 37
Amendments to pleadings in the magistrate court may be filed without leave of court. If the court finds that the opposite party is surprised and not prepared to go forward due to the lateness of notice of the amendment despite due diligence, the court shall continue the case. When the amending party has been negligent or dilatory in filing an amendment, the court may condition consideration of the amendment upon the payment of all or part of the costs to the opposing party attributable to the continuance of the case. The amending party may then elect to proceed immediately to trial in the magistrate court without consideration of the amendment or agree to pay the costs assessed by the court. Upon failure to pay those costs, the court may impose a default judgment or may hear the case on the merits and assess those costs as part of the final judgment. Amendments filed at or prior to the hearing in the magistrate court shall be part of the pleadings upon de novo appeal even where such amendment was not considered in the magistrate court.
Ga. Unif. R. Mag. Ct. 37