Title 42 — Title 42
0 chapters · 302 sections in this title.
O.C.G.A. § 42-12-1 Short title
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This chapter shall be known and may be cited as the “Prison Litigation Reform Act of 1996.” History. Code 1981, § 42-12-1, enacted by Ga. L. 1996, p. 400, § 1.
O.C.G.A. § 42-12-2 Legislative findings and determinations
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The General Assembly makes the following findings and determinations: (1) The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs is frivolous prison…
O.C.G.A. § 42-12-3 Definitions
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As used in this chapter, the term: (1) “Action” means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall …
O.C.G.A. § 42-12-4 Parole condition, §42-12-7
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Defined terms, §42-12-3. Determinations as to frivolity of actions, §42-12-6. Legislative findings, §42-12-2. Procedure, §42-12-5. Records, §42-12-9. Jails. Conditions of detention. Violations of article, §42-4-33. Drug, weapon or alcohol possession by inmates, §42-4-13. Jailers. C…
O.C.G.A. § 42-12-5 Probation
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Agreements for probation services. Violations, revocation of probation, §42-8-102. Delinquency of defendant in payment of fines, costs or restitution or reparation, §42-8-34.2. ACCOUNTS AND ACCOUNTING. Probation. Bank accounts kept in name of department of community supervision (D…
O.C.G.A. § 42-12-6 Determination as to whether prisoner’s action frivolous
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Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner’s action was frivolous. The court may award 652 42-12-7.1 reasonable costs and attorney’s fees to defendants or respond…
O.C.G.A. § 42-12-7.1 Parole prerequisite, §42-12-7
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Defined terms, §42-12-3. Determinations as to frivolousness, §42-12-6. IN FORMA PAUPERIS PRISONERS —Cont’d Habeas corpus, payment of fees on filing petition, §42-12-7.1. Legislative findings, §42-12-2. Number of actions limited, §42-12-7.2. Procedure, §42-12-5.
O.C.G.A. § 42-12-7.2 Number of forma pauperis actions limited
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In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state or of the United States that was…
O.C.G.A. § 42-12-8 Brock v
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Hardman, 303 Ga. 729, 814 S.E.2d 736 (2018). Cited in McCoy v. Bovee, 300 Ga. 759, 796 S.E.2d 679 (2017); Merch. Law Firm, P.C. v. Emerson, 301 Ga. 609, 800 S.E.2d 557 (2017); Ga. Ass’n of Prof ’l Process Servers v. Jackson, 302 Ga. 309, 806 S.E.2d 550 (2017); Howard v. Howard, 3…
O.C.G.A. § 42-12-9 Trial costs and expenses
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Department’s responsibility, §42-5-3. Payments, §42-5-4. Reimbursement of costs and transportation and detention expenses incurred in trying escapees, §42-5-5. Probation, §42-8-102. Delinquency of defendant in payment, §42-8-34.2. Payment in lump sum or periodic payments, §42-8-3…