Title 15 — Courts

The clerks of the superior courts are subject to the rule and order of their respective courts after their retirement from office, as sheriffs are. History. — Laws 1813, Cobb’s 1851 Digest, p. 202; Code 1863, § 266; Code 1868, § 260; Code 1873, § 271; Code 1882, § 271; Civil Code…

Reserved. Repealed by Ga. L. 1994, p. 607, § 1, effective July 1, 1994. Editor’s notes. — This Code section was based on Orig. Code 1863, § 268; Code 1868, § 262; Code 1873, § 273; Code 1882, § 273; Civil Code 1895, § 4367; Civil Code 1910, § 4898; Code 1933, § 24-2725. 15-6-86. …

15-6-87.1. Participation in state-wide county computerized information network; authorized fees [Repealed]. 15-6-88. (Effective until January 1, 2021. See note.) Minimum annual salary schedule. 15-6-88. (Effective January 1, 2021. See note.) Minimum annual salary schedule. 15-6-8…

Reserved. Repealed by Ga. L. 2012, p. 173, § 1-23/HB 665, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1983, p. 581, § 1; Ga. L. 1984, p. 22, § 15. 15-6-88.2. Monthly contingent expense allowance schedule for the clerk’s office. In addition to a…

The judges of the superior courts have authority: (1) To grant for their respective circuits writs of certiorari, supersedeas, quo warranto, mandamus, habeas corpus, and bail in actions ex delicto; (2) To entertain bills quia timet; (3) To grant writs of injunction, prohibition, …

(a) The amounts provided in subsection (a) of Code Section 15-6-88 and Code Sections 15-6-89 and 15-10-105, as increased by subsection (b) of Code Section 15-6-88, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of complete…

All local legislation in effect on April 1, 1973, or enacted subsequent to April 1, 1973, and affecting compensation for clerks of superior courts of the various counties shall be of full force and effect except where such local legislation provides for a salary lower than the sa…

15-6-93. Office hours. 15-6-94. Georgia Superior Court Clerks’ Cooperative Authority. 15-6-95. Priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court. 15-6-96. Clerk as custodian of records; contrac…

(a) The office of each clerk of superior court shall be open to conduct business Monday through Friday from at least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time during such hours, unless such office has less than two employees, in which case such office s…

(a)(1) There is established the Georgia Superior Court Clerks’ Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. (2) As…

Repealed by Ga. L. 2017, p. SB 132, § 2-7/SB 132, effective January 1, 2018. Editor’s notes. — This Code section was based on Code 1981, § 15-6-97.1, enacted by Ga. L. 2000, p. 850, § 8. 15-6-97.2. Maintenance of uniform automated electronic information system for carbon sequestr…

(a) The clerk of the superior court of each county of this state shall collect for each court in which he or she serves as clerk the fees provided for in this chapter. (b) From the fees enumerated in division (f )(1)(A)(i) of Code Section 15-6-77, the Georgia Superior Court Clerk…

(a) The Georgia Superior Court Clerks’ Cooperative Authority is authorized to re-create grantor and grantee indexes that exist prior to January 1, 1999, in each county for the purpose of providing information and history concerning real property records for the state-wide uniform…

The General Assembly may by local law create a state court in any county or counties of this state in which there is no state court, and such court shall be the ‘‘State Court of (whatever county or counties in which the court is located).’’ History. — Code 1981, § 15-7-2, enacted…

Judges of the state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the judges of the state court of that county. History. — Code 1981, § 15-7-22, enacted b…

In the event of a vacancy in the office of judge of the state court for any reason except the expiration of the term of office, the Governor shall 382 15-7-25 appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constituti…

(a) Any judge of state court 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 qualify in absentia as a candi…

(a) Except as otherwise provided in the Constitution of this state, a retired judge or judge emeritus of a state court shall be authorized to serve as judge of a state court upon the call of the judge of such court. When serving in such capacity, the retired judge or judge emerit…

(a) There is created a state court judges’ council to be known as ‘‘The Council of State Court Judges of Georgia.’’ The council shall be composed of the judges, senior judges, and judges emeriti of the state courts of this state. The council is authorized to organize itself and t…

This chapter shall apply to and govern all state courts; and, unless otherwise provided in this chapter, in all cases in which there is a conflict between this chapter and the local law creating the state court, this chapter shall take priority and shall be controlling. History. —…

(a) Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with the superior courts, over the following matters: (1) The trial of criminal cases below the grade of felony; (2) The trial of civil ac…

The courts governed by this chapter shall be deemed always open for the disposition of matters properly cognizable by them; however, all trials on the merits shall be conducted at trial terms regularly prescribed by local laws, as now or hereafter amended, creating the individual…

The state courts shall be courts of record and shall have a seal; and the minutes, records, and other books and files that are required by law to be kept for the superior courts shall, in the same manner, so far as the jurisdiction of state courts may render necessary, be kept in …

(a) The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals from the state courts. (b) The general laws and rules of practice, pleading, procedure, and e…

(a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18. (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. History. — Code 1981, § 15-7-44, enacted by Ga. L. 1983, p. 1419, § 2. 15-7-45. Jurors.

Except as otherwise provided in Part 1 of Article 5 of Chapter 12 of this title, all laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by state courts. History. — Co…

The accused in criminal proceedings in a state court shall not have the right to indictment by the grand jury of the county. History. — Code 1981, § 15-7-46, enacted by Ga. L. 1983, p. 1419, § 2.

(a) Court reporting personnel shall be made available for the reporting of civil and criminal trials in state courts, subject to the laws governing same in the superior courts of this state. (b) Reporting of any trial may be waived by consent of the parties. (c) Appointment of a …

Any person who serves as a clerk of any state court, as a qualification of holding his office, shall execute bond in the sum of $25,000.00 for the faithful performance of his duties as clerk, which amount may be increased by local Act. However, any clerk of a superior court who is…

When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks’ Cooperative Authority in accordance with the provisions of subsections (c)…

Clerks of state courts are authorized and directed to: (1) File and enter all civil case filing and disposition forms; (2) Transmit the data contained on the civil case filing and disposition forms to the Administrative Office of the Courts through electronic means provided by the …

This chapter is not intended to repeal any local law creating a state court; and, to the extent any such local law does not conflict with the provisions of this chapter, such local law shall remain in full force and effect. History. — Code 1981, § 15-7-60, enacted by Ga. L. 1983, …

Courts which come under this chapter shall not be subject to Chapter 8 of this title. History. — Code 1981, § 15-7-61, enacted by Ga. L. 1983, p. 1419, § 2. ARTICLE 5 MUNICIPAL COURT SERVICES

The governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services to the municipality as authorized by 392 15-7-82 this article; and the governing authorities of municipalities …

Any contract entered into pursuant to this article shall provide that the county shall furnish municipal court services to the municipality through the officers, employees, and facilities of the state court of the county. Any contract so entered into shall not become effective un…

Any limitations upon the punishment which may be imposed for violations of municipal ordinances which are contained in the charter of the municipality shall continue to control in municipal courts operated under this article, and if no such limitation exists the maximum punishmen…

(a) Except as provided in subsection (b) of this Code section, the authority granted to municipalities by this article shall not apply to: (1) A municipality whose charter does not authorize a municipal court; 394 15-7-85 (2) A municipality whose charter provides for the election…

City courts created by special Act of the General Assembly shall be courts of record. History. — Ga. L. 1924, p. 83, § 1; Code 1933, § 24-2204. Editor’s notes. — Ga. L. 1996, p. 627, effective July 1, 1996, re-creates a system of state courts of limited jurisdiction for each city…

It shall be illegal for the judge of any city court to also hold any municipal office or appointment in the city where the court is held. History. — Ga. L. 1878-79, p. 137, § 1; Code 1933, § 24-2203.

Judge ineligible for municipal office or appointment. When judges of city courts may preside in other city courts. Transfer of criminal case to superior court upon city court judge’s disqualification.

The clerks of the city courts shall each have the power to appoint a deputy clerk and may require from him a bond with good security. The deputy clerks shall take the same oath as the clerks do before entering upon the discharge of their duties; and their powers and duties shall …

The judges of the probate courts are elected by the people of their respective counties at the time and in the manner prescribed by law. They shall hold their offices for four years and until their successors are elected and qualified, unless sooner removed. Their terms shall begi…

(a) Any individual who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1990, after taking office as judge of the probate court, shall satisfactorily complete a new judge orientation training course prescribed by the Probate Judg…

(a) If at any time there is a vacancy in the office of judge of the probate court, such vacancy shall be filled as set forth in Code Section 15-9-11. Any individual serving during such vacancy shall be vested with all the powers of the judge of the probate court. (b)(1) Except as …

(a) As used in this Code section, the term: (1) ‘‘District’’ means an area of this state containing one or more counties which is designated and numbered as a district by The Council of Probate Court Judges of Georgia. (2) ‘‘Training council’’ means the Probate Judges Training Co…

Editor’s notes. — Ga. L. 1995, p. 768, § 2, redesignated former Code Section 15-9-105 15-9-104. as present Code Section ARTICLE 6 JURY TRIALS AND APPEALS Editor’s notes. — Ga. L. 1986, p. 982, § 25, not codified by the General Assembly, provided that that Act would apply to all ca…

15-9-13. Procedure when judge unable to act; compensation. 15-9-14. Sheriffs to act as administrators when probate judge is superior court clerk in absence of county administrator [Repealed]. 15-9-15. Council of Probate Court Judges of Georgia. 15-9-16. Authority of retired judge…

As used in this article, the term: (1) ‘‘Civil case’’ means those civil matters: (A) Over which the judge of the probate court exercises judicial powers; (B) Within the original, exclusive, or general subject matter jurisdiction of the probate court; and (C) Which, if not for thi…

(a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial within 30 days after the filing of the first pleading of the party or within 15 days after the filing of the first pleading of an opposin…

The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts. History. — Code 1981, § 15-9-124, enacted by Ga. L. 1986, p. 982, § 6. 15-9-125. Jurors.