Title 15 — Courts

The powers and duties of constables include the following: (1) To attend regularly all sessions of magistrate court; (2) To pay promptly over money collected by them to the magistrate court; (3) To execute and return all warrants, summonses, executions, and other processes direct…

Constables shall exercise the power of arrest only with a warrant or at the direction of and in the presence of a magistrate or the judge of another court. History. — Code 1981, § 15-10-103, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court 581 15-10-105 and for the compensation of the clerk of magistrate c…

(a) The duties of the clerk shall be as assigned by the chief magistrate. (b) The authority of the clerk of magistrate court shall include the power: (1) To administer oaths and take affidavits in all cases permitted by law or where such authority is not confined to some other off…

If necessary, the county governing authority may provide for the appointment by the chief magistrate of secretaries and other personnel to assist the magistrates or clerk or both. Personnel so appointed shall serve at the pleasure of the chief magistrate. The compensation of such…

Reserved. Repealed by Ga. L. 2019, p. 658, § 4/HB 257, effective July 1, 2019. Editor’s notes. — This Code section was based on Code 1981, § 15-10-120, enacted by Ga. L. 1983, p. 884, § 2-1. 15-10-121. Transfer of pending cases to magistrate courts.

On July 1, 1983, any matter pending in the court of an officer referred to in Code Section 15-10-120 shall by operation of law be transferred to the magistrate court of the same county. Such pending matters shall be decided by the magistrate court of the county even if the magist…

This chapter, the Act enacting this chapter, and future Acts amending this chapter shall not be construed as laws affecting municipal courts, county recorder’s courts, or the civil courts of Richmond and Bibb counties. History. — Code 1981, § 15-10-122, enacted by Ga. L. 1983, p.…

This article shall be known and may be cited as ‘‘The Georgia Magistrate Courts Training Council Act.’’ History. — Code 1981, § 15-10-130, enacted by Ga. L. 1983, p. 884, § 2-1. 15-10-131. Definitions.

As used in this article, the term: (1) ‘‘Certified magistrate’’ means a magistrate judge who has the appropriate required certificate of training issued by the council and on file with the council or a magistrate judge who is exempt from such training by subsection (d) of Code Secti…

Immediately and before entering upon the duties of office, the members of the Georgia Magistrate Courts Training Council shall take the oath of office and shall file the same in the office of the Judicial Council, which, upon receiving the oath of office, shall issue to each membe…

(a) A chairman and vice chairman shall be elected at the first meeting of each calendar year. (b) The director of the Administrative Office of the Courts or his designee shall serve as secretary to the council. (c) A simple majority of the members of the council shall constitute a…

The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions; provided, however, that such expenses shall not exceed those allowed to members of the General Assembly.…

The council shall be vested with the following functions, powers, and responsibilities: (1) To make all the necessary rules and regulations to carry out this article; (2) To prescribe the minimum of training hours to be completed by each magistrate or senior magistrate on an annu…

(a) In order to become certified under this article, any person who becomes a magistrate on or after July 1, 1998, shall satisfactorily 588 T.15, C.10, A.9 complete 80 hours of training specified by the council concerning the performance of his or her duties during the first two yea…

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 magistrate court of the county. Any contract so entered into shall not become effecti…

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

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…

Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters: (1) The hearing of applications for and the issuance of arrest and search warrants; (2) Issuance of warrants and related proceedings as provided in Article 4 of Chapter…

(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating an…

(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…

This article governs trials of misdemeanor violations of Code Section 16-9-20, relating to deposit account fraud, which violations shall be punishable as provided in subsection (b) of Code Section 16-9-20. History. — Code 1981, § 15-10-200, enacted by Ga. L. 1987, p. 1032, § 2; G…

There shall be no jury trials in the magistrate court. Any person charged with one or more misdemeanor violations of Code Section 16-9-20 may, at any time before trial, demand that the case be removed to the state court of the county or to the superior court of the county if ther…

(a) Prosecution for a misdemeanor violation of Code Section 16-9-20 may proceed by arrest, as provided in Chapter 4 of Title 17, and an accusation, as provided in Code Section 17-7-71, or by citation. (b) Each citation shall be based upon an affidavit as in the issuance of an arr…

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. 15-10-22. Qualifications; restrictions on practice of l…

(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…

There is created the office of senior magistrate. Subject to the approval of the governing authority, any chief magistrate of this state may appoint to the office of senior magistrate any retired chief magistrate, magistrate, or judge who prior to retirement served at least eight…

Upon the request of any chief magistrate of this state, a senior magistrate may discharge all of the duties of a magistrate and may assume and exercise all of the jurisdiction, power, and authority of a magistrate. History. — Code 1981, § 15-10-221, enacted by Ga. L. 1993, p. 910…

Before entering on the duties of his or her office, a senior magistrate shall subscribe before the judge of the probate court in which he or she is first appointed the oath prescribed in Code Section 45-3-1 and the following oath: 595 15-10-240 ‘‘I swear or affirm that I will duly…

In order to maintain the status of senior magistrate, a senior magistrate shall complete the hours of training as required by the Georgia Magistrate Courts Training Council as provided for in subsection (c) of Code Section 15-10-137 in each calendar year in which he or she serves…

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. …

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)…

(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. 15-10-27. Continuation of…

(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21. (b) Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Cod…

There shall be no jury trials in the magistrate court. A magistrate court shall not have the power to dispose of the misdemeanor offenses enumerated in subsection (a) of Code Section 15-10-260 unless the defendant shall first waive in writing a trial by jury. If the defendant does…

(a) Prosecution for misdemeanor violations authorized in this article may proceed by citation, summons, arrest, citation and arrest, or by arrest warrant as provided in Chapter 4 of Title 17, or by an accusation as provided in Code Section 17-7-71. (b) The solicitor-general of co…

Waiver of jury trial. Prosecutorial procedure. No contest cash bonds; other bonds. 2; Code 1863, §§ 408 — 411, 413 — 432, 434, 3623, 3995, 4036, 4038, 4040 — 4045, 4048 — 4051, 4053 — 4058, 4060, 4064, 4065, 4068, 4071 — 4078, 4081, 4083, 4084; Ga. L. 1866, p. 64, § 71; Code 1868…

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. 521 History. — Code 1981, § 15-10-4, enacted by Ga. L. 1983, p.…

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…

Except as provided in subsection (g) of Code Sections 15-10-43 and 15-10-50, proceedings in the magistrate court shall not be subject to Chapter 11 of Title 9, the ‘‘Georgia Civil Practice Act.’’ History. — Code 1981, § 15-10-42, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 2014…

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…

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…

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 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,…