Title 15 — Courts
0 chapters · 823 sections in this title.
O.C.G.A. § 15-1-1 Where judicial power vested
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The judicial power is vested in such tribunals as are created by the Constitution of this state, such other inferior courts as are or may be established by law, and such persons as are or may be specially invested with powers of a judicial nature.
O.C.G.A. § 15-1-10 Removal of court records; storage
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(a) No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered, by order of the court, or as otherwise provided in this Code section. 80 15-1-10 (b) Notwithstanding any other provision of this Code section,…
O.C.G.A. § 15-1-11 Attendance of judges and court personnel at educational programs
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(a) Judges of the courts of this state, the clerks thereof, and the prosecuting officials and public defenders, both full-time and part-time, attached thereto are authorized to attend institutes, seminars, conferences, and other programs of an educational nature in order to becom…
O.C.G.A. § 15-1-15 Drug court divisions
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(a)(1) Any court that has jurisdiction over any criminal case which arises from the use, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, or other drug may establish a drug court division to pro…
O.C.G.A. § 15-1-16 Mental health court divisions
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(a) As used in this Code section, the term: (1) ‘‘Developmental disability’’ shall have the same meaning as set forth in Code Section 37-1-1. (2) ‘‘Mental illness’’ shall have the same meaning as set forth in Code Section 37-1-1. (3) ‘‘Risk and needs assessment’’ means an actuari…
O.C.G.A. § 15-1-17 Veterans court divisions
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(a) As used in this Code section, the term: (1) ‘‘VA’’ means the United States Department of Veterans Affairs. (2) ‘‘Veteran’’ means a person who is a former member of the armed forces of the United States or a state’s National Guard. (b)(1) Any court that has jurisdiction over c…
O.C.G.A. § 15-1-2 No jurisdiction by consent; waiver of personal jurisdiction
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Parties may not give jurisdiction to a court by consent, express or implied, as to the person or subject matter of an action. However, lack of jurisdiction of the person may be waived, insofar as the rights of the parties are concerned, but not so as to prejudice third persons. F…
O.C.G.A. § 15-1-22 Exclusive agreement for electronic filing service prohibited
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On and after January 1, 2019, no court or clerk of court shall enter into any exclusive agreement or contract that prohibits more than one electronic filing service provider to serve a court or clerk of court; provided, however, that such prohibition shall not require a court or c…
O.C.G.A. § 15-1-3 Powers of courts generally
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Every court has power: 8 15-1-3 (1) To preserve and enforce order in its immediate presence and, as near thereto as is necessary, to prevent interruption, disturbance, or hindrance to its proceedings; (2) To enforce order before a person or body empowered to conduct a judicial in…
O.C.G.A. § 15-1-4 Extent of contempt power
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(a) The powers of the several courts to issue attachments and inflict summary punishment for contempt of court shall extend only to cases of: (1) Misbehavior of any person or persons in the presence of such courts or so near thereto as to obstruct the administration of justice; (2…
O.C.G.A. § 15-1-5 Effect of rules of court
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The rules of the respective courts, legally adopted and not in conflict with the Constitution of the United States or of this state, or the laws thereof, are binding and must be observed. History. — Orig. Code 1863, § 198; Code 1868, § 192; Code 1873, § 204; Code 1882, § 204; Civi…
O.C.G.A. § 15-1-6 Court’s acts not invalid without clerk
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The acts of a court shall not lack validity for the want of a clerk. Whenever there is no clerk, or none to be had, or the clerk is incapable of discharging his duty, and any court performs that duty itself, its action as such is valid. History. — Orig. Code 1863, § 203; Code 186…
O.C.G.A. § 15-1-7 Grounds for impeachment
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It shall be unlawful for any Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior courts to receive for himself or any member of his family, either directly or indirectly, any favor from any railroad company or any free railroad pass or any like f…
O.C.G.A. § 15-1-8 When judge or judicial officer disqualified
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(a) No judge or Justice of any court, magistrate, nor presiding officer of any inferior judicature or commission shall: (1) Sit in any case or proceeding in which he is pecuniarily interested; (2) Preside, act, or serve in any case or matter when such judge is related by consangu…
O.C.G.A. § 15-1-9 When judge not disqualified
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Any judge, irrespective of his relationship to a party to the case or his interest in the case, shall be qualified to try any civil case in his court where there is no defense filed in the case, except where either party to the case objects to the related judge. History. — Ga. L. 1…
O.C.G.A. § 15-1-9.1 Requesting judicial assistance from other courts
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(a) As used in this Code section, the term: (1) ‘‘Administrative judge’’ means a superior court judge or senior judge of the superior court elected within an administrative district as provided by Code Section 15-5-4. (2) ‘‘Chief judge’’ means the judge most senior in time of ser…
O.C.G.A. § 15-1-9.2 Senior judge of superior courts
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(a) The office of senior judge of the superior courts is created, and judges of the superior courts or former judges of the superior courts may become senior judges as follows: (1) Any judge of the superior courts who retires pursuant to the provisions of Chapter 8 or Chapter 23 …