Title 15

The magistrate court shall not have fixed terms. The chief magistrate shall provide for sessions of court to be held at such times and in such places, within or without the county seat, as are necessary or convenient. History. — Code 1981, § 15-10-4, enacted by Ga. L. 1983, p. 884…

The county governing authority shall provide suitable offices and courtrooms for the use of the magistrate court and shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the magistrate court. History. — Code 1981, § 15-10-5, enacted by Ga. L. …

The chief magistrate may with the approval of the chief judge of superior court adopt local rules for the court not inconsistent with law and the rules adopted by the Supreme Court. History. — Code 1981, § 15-10-6, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) There is created a council of magistrate court judges to be known as the ‘‘Council of Magistrate Court Judges.’’ The council shall be composed of the chief magistrates, magistrates, and senior magistrates of the magistrate courts of this state. The council is authorized to or…

(a) Each magistrate court shall have a chief magistrate and may have one or more other magistrates. Such magistrates shall be the judges of the magistrate court and shall be known as magistrates of the county. Unless otherwise provided by local law, the number of magistrates in e…

(a) Any elected chief magistrate or elected magistrate who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qual…

The chief magistrate shall assign cases among the several magistrates of the county and shall decide any disputes between the magistrates of the county. History. — Code 1981, § 15-10-21, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) Each magistrate taking office on or after July 1, 2019, shall: (1) Have been a resident of the county for two years next preceding the beginning of his or her term of office; (2) Be at least 25 years of age; (3) Remain a resident of such county during his or her term of offic…

(a)(1) As used in this Code section, the term ‘‘full-time capacity’’ means, in the case of a chief magistrate, a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. In the case of all other magis…

In addition to any salary, fees, or expenses now or hereafter provided by law, unless a magistrate waives such expenses in writing, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of magistrate court, and paya…

Magistrates shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission in accordance with Article VI, Section VII, Paragraph VII of the Constitution. History. — Code 1981, § 15-10-24, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. …

(a) All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter. All senior magistrates shall periodically satisfactorily complete a training course as provided in Code Section 15-10-223. (b) The Georgia Magistrate Courts …

In any case in which action is authorized under this chapter to be taken by local Act or local ordinance, no local ordinance shall be enacted which is inconsistent with a local Act. History. — Code 1981, § 15-10-26, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) With respect to any county in which there exists a civil court of the county continued in existence by Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution and in which there are as of June 30, 1983, no officers who will become magistrates pursuant to Code…

This article shall govern civil proceedings in the magistrate court. History. — Code 1981, § 15-10-40, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) There shall be no jury trials in the magistrate court. (b)(1) Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions no…

(a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his or her agent shall sign and verify the statement of claim by oath or affirmation. At the requ…

Roberts, 259 Ga. 617, 385 S.E.2d 276 (1989). Trial court erred in relying on O.C.G.A. § 9-11-41 in finding that a tenant failed to object to the landlord’s voluntary dismissal of its magistrate court dispossessory action, resulting in the dismissal of the tenant’s counterclaim to …

(a) If any defendant has a counterclaim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim, which counterclaim does not require for its adjudication the presence of third parties over whom the court cannot obtain…

(a) When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to o…

(a) Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts. (b) Upon the is…

The statement of claim, verification, and notice shall be in substantially the following form: Magistrate Court of County State of Georgia Plaintiff Address v. Defendant Statement of Claim (Here the plaintiff or, at his or her request, the court will insert a brief statement of th…

(a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18, except that there shall be no prejudgment attachment granted in the magistrate court. (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. (c) Procedure in dispossessory proceedi…

(a) In aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed the jurisdictional amount for civil claims in magistrate court as provided in paragraph (5) of Code Section 15-10-2, the judgment creditor or his successor in i…

The chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court. History. — Code 1981, § 15-10-51, enacted by Ga. L. 1985,…

The style of any action, other than a proceeding brought pursuant to Chapter 7 of Title 44, relating to landlord and tenant, brought in the magistrate court by the assignee of the obligee of any obligation shall show the action in the name of the original obligee by the assignee.…

(a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by elec…

(a) Except as provided in subsections (b) and (c) of this Code section or unless the court orders otherwise, a filing with the court that contains a social security number, taxpayer identification number, financial account number, or birth date shall include only: (1) The last four …

(a) This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce s…

There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if the…

(a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state au…

(a) The governing authority of any county or any state authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations. (b) Each citation shall state the time and place at which the accused is to appea…

(a) The chief magistrate of each county may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of an ordinance. The chief magistrate shall designate the officer or officers authorized to accept cash bond…

(a) Execution may issue immediately upon any fine imposed by the court and not immediately paid. (b) The sheriff of the county shall receive and house all persons sentenced to confinement for contempt or arrested or sentenced to confinement for violation of ordinances. History. — Co…

Review of convictions shall be by certiorari to the superior court. History. — Code 1981, § 15-10-65, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2.

The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney for violations of county ordinances; and any attorney designated by the affected state authority may act as prosecuting attorney for violation of state authority o…

(a) Upon filing any civil action the plaintiff shall pay a filing deposit as established by local court rule not to exceed $22.00 which shall cover all costs of the action except service of process. (b) Upon filing any civil action the plaintiff shall pay the actual cost of serving …

In cases of conviction of violation of county ordinances, costs of not more than $70.00 may be taxed against the defendant. History. — Code 1981, § 15-10-81, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 11; Ga. L. 2010, p. 9, § 1-41/HB 1055.

For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $20.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the w…

For levying on executions and conducting judicial sales constables shall collect the same fees as are charged by sheriffs. History. — Code 1981, § 15-10-83, enacted by Ga. L. 1983, p. 884, § 2-1.

For administering any oath other than in connection with a matter before the court, a magistrate shall collect a fee of $1.00. History. — Code 1981, § 15-10-84, enacted by Ga. L. 1983, p. 884, § 2-1.

All fees, costs, and other funds collected by officers of the magistrate court shall be accounted for and paid into the county treasury not less often than once a month. History. — Code 1981, § 15-10-85, enacted by Ga. L. 1983, p. 884, § 2-1.

Law library fees shall not be charged unless otherwise provided by local law. History. — Code 1981, § 15-10-86, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall fil…

(a) Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed…

(a) Except as provided in subsection (b) of this Code section, the eligibility for constable is the same as for magistrate. (b) Each constable shall have attained the age of at least 21 years prior to the date of his assuming the duties of constable. History. — Code 1981, § 15-10…