Title 5 — Appeal And Error
0 chapters · 53 sections in this title.
O.C.G.A. § 5-4-1 When certiorari shall lie; exception
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(a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including the judge of the probate court, except in cases touching the probate of wills, granting letters testamentary, and of administ…
O.C.G.A. § 5-4-10 Hudson v
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Watkins, 225 Ga. App. 455, 484 S.E.2d 24 (1997). Bond by amendment was invalid. — Trial court erred in granting a petition for a writ of certiorari as the petition was not accompanied by a bond as required by O.C.G.A. § 5-4-5(a), the hearing officer originally hearing the dispute…
O.C.G.A. § 5-4-11 Conduct of hearing generally; trial by jury
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(a) Certiorari cases shall be heard by the court without a jury, in chambers or in open court, upon reasonable notice to the parties, at any time that the matters may be ready for hearing. (b) Where a traverse to the answer has been filed and jury trial demanded, the matter may b…
O.C.G.A. § 5-4-15 Requirement of new trial when writ not answered
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In all cases pending in the superior courts upon certiorari from any inferior judicatory or any person exercising judicial powers, if the judge or other officer before whom the case was tried dies before answering the writ of certiorari or answers that he cannot or does not remem…
O.C.G.A. § 5-4-17 Recovery of costs by defendant generally
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If the certiorari is dismissed and a final decision is made in the case by the superior court, the defendant in certiorari may have judgment entered in the superior court against the plaintiff and his security for the sum recovered by him, together with the costs in the superior …
O.C.G.A. § 5-4-18 Recovery of damages for frivolous certiorari
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If it shall be made to appear that a certiorari was frivolous and was applied for without good cause or only for the purpose of delay, the presiding judge before whom the writ was heard, on motion of the opposite party, may order that damages totaling not more than 20 percent of …
O.C.G.A. § 5-4-2 Petition for certiorari to probate judge generally
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When either party in any case in any probate court lodges objections to any proceeding or decision in the case, affecting the real merits of the case, the party making the same shall offer the objections in writing, which shall be signed by himself or his attorney and, if the sam…
O.C.G.A. § 5-4-3 Petition for certiorari to inferior judicatories generally
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When either party in any case in any inferior judicatory or before any person exercising judicial powers is dissatisfied with the decision or judgment in the case, the party may apply for and obtain a writ of certiorari by petition to the superior court for the county in which th…