Title 15

(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…

— Ga. L. 1983, p. 646, § 2 and Ga. L. 1983, p. 1205, § 2, both enacted Code sections designated as ‘‘28-1-14.’’ The ‘‘28-1-14’’ enacted by Ga. L. 1983, p. 1205, § 2 was redesignated as ‘‘28-1-15’’ by Ga. L. 1984, p. 22, § 28. Ga. L. 1983, p. 646, § 1, not codified by the General …

(b) The notice of settlement provided for in subsection (a) of this Code section shall be signed by said party or legal representative and shall set forth the names of the parties to the settlement and a description of the real estate. If the notice is executed by any one other t…

As used in this chapter, the term ‘‘state court’’ shall mean any court created pursuant to the provisions of this chapter or any court continued as a state court by Article VI, Section X of the Constitution of the State of Georgia. History. — Code 1981, § 15-7-1, enacted by Ga. L…

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…

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…

(a) Pursuant to rules promulgated by the Criminal Case Data Exchange Board, on and after January 1, 2019, a state court shall provide for the filing of pleadings in criminal cases and any other document related thereto and for the acceptance of payments and remittances by electron…

— As O.C.G.A. § 15-7-43(b), enacted in 1983, incorporates the speedy trial provisions of O.C.G.A. § 17-7-170 by reference, those provisions supersede a 1981 local law provision entitling a defendant in a state court to discharge and acquittal if no trial is had at the term when t…

(a) The General Assembly shall by local law establish the number of judges for each state court and shall establish whether the judge or judges shall be full-time judges or part-time judges. (b) Judges of the state court shall be elected by the qualified electors of the county or …

(a)(1) Except as provided in paragraph (2) of this subsection, each judge of the state court shall: (A) Be a resident of the geographic area in which he or she is selected to serve; (B) Have been a resident of the state for three years next preceding the beginning of his or her t…

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 appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constitution. History.…

(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…

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 prosecution of misdemeanors may proceed by accusation as provided in Code Section 17-7-71, citation or citation and arrest as provided for by law, or summons. (b) All trials on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. …

(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.

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 …

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 this article; and the governing authorities of municipalities are likewise…

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…

When a contract entered into pursuant to this article has become effective, the judges of the state court shall have full authority to act as judges of the municipal court of the municipality; and the other officers and personnel of the state court shall have full authority to ac…

When acting as officers of the municipal court all judges and other officers of the state court shall be styled as judges and officers of the municipal court; and all pleadings, process, and papers of the municipal court shall be styled as such and not as pleadings, process, and …

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; (2) A municipality whose charter provides for the election, as judge o…

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.

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.

(a) The judges of the various city courts may preside in any of the city courts established by the General Assembly in the same manner as the superior court judges preside in the courts of one another; and any city court judge may exercise all the powers, duties, and functions de…

The several judges of the city courts, on the call of any criminal case in the courts in which the presiding judge is disqualified, may pass an order transferring the case for trial to the superior court of the county in which the city court is located. When the case is so transfe…

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 …

Any judge of any city court or like court may, when authorized to do so by the governing authorities of any city having a population of more than 350,000 according to the United States decennial census of 1950 or any future such census, preside in the municipal court, by whatever…

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

(b)(1) Except as provided in subsection (b) of Code Section 15-9-11, until such time as a special election can be held, a vacancy shall be filled in the following order of priority: (A) By an associate judge of the probate court, in order of seniority. In any county in which an as…

All citations and other unfinished proceedings of the former judge of the probate court shall be disposed of by the successor as though there had been no vacancy. History. — Orig. Code 1863, § 300; Code 1868, § 360; Code 1873, § 325; Code 1882, § 325; Civil Code 1895, § 4226; Civi…

(a) Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason, an associate judge of the probate court, in order of seniority, shall exercise the jurisdiction of the probate court, unless he or she is disqualified under su…