Title 15

(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…

(a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his or her agent shall sign and verify the statement of claim by oath or affirmation. At the requ…

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…

(a) Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts. (b) Upon the is…

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…

(a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18, except that there shall be no prejudgment attachment granted in the magistrate court. (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. (c) Procedure in dispossessory proceedi…

(a) In aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed the jurisdictional amount for civil claims in magistrate court as provided in paragraph (5) of Code Section 15-10-2, the judgment creditor or his successor in i…

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,…

The style of any action, other than a proceeding brought pursuant to Chapter 7 of Title 44, relating to landlord and tenant, brought in the magistrate court by the assignee of the obligee of any obligation shall show the action in the name of the original obligee by the assignee.…

(a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by elec…

(a) Except as provided in subsections (b) and (c) of this Code section or unless the court orders otherwise, a filing with the court that contains a social security number, taxpayer identification number, financial account number, or birth date shall include only: (1) The last four …

(a) This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce s…

There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if the…

(a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state au…

(a) The governing authority of any county or any state authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations. (b) Each citation shall state the time and place at which the accused is to appea…

(a) The chief magistrate of each county may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of an ordinance. The chief magistrate shall designate the officer or officers authorized to accept cash bond…

(a) Execution may issue immediately upon any fine imposed by the court and not immediately paid. (b) The sheriff of the county shall receive and house all persons sentenced to confinement for contempt or arrested or sentenced to confinement for violation of ordinances. History. — Co…

Review of convictions shall be by certiorari to the superior court. History. — Code 1981, § 15-10-65, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2.

The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney for violations of county ordinances; and any attorney designated by the affected state authority may act as prosecuting attorney for violation of state authority o…

(a) Upon filing any civil action the plaintiff shall pay a filing deposit as established by local court rule not to exceed $22.00 which shall cover all costs of the action except service of process. (b) Upon filing any civil action the plaintiff shall pay the actual cost of serving …

In cases of conviction of violation of county ordinances, costs of not more than $70.00 may be taxed against the defendant. History. — Code 1981, § 15-10-81, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 11; Ga. L. 2010, p. 9, § 1-41/HB 1055.

For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $20.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the w…

For levying on executions and conducting judicial sales constables shall collect the same fees as are charged by sheriffs. History. — Code 1981, § 15-10-83, enacted by Ga. L. 1983, p. 884, § 2-1.

For administering any oath other than in connection with a matter before the court, a magistrate shall collect a fee of $1.00. History. — Code 1981, § 15-10-84, enacted by Ga. L. 1983, p. 884, § 2-1.

All fees, costs, and other funds collected by officers of the magistrate court shall be accounted for and paid into the county treasury not less often than once a month. History. — Code 1981, § 15-10-85, enacted by Ga. L. 1983, p. 884, § 2-1.

Law library fees shall not be charged unless otherwise provided by local law. History. — Code 1981, § 15-10-86, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall fil…

(a) Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed…

(a) Except as provided in subsection (b) of this Code section, the eligibility for constable is the same as for magistrate. (b) Each constable shall have attained the age of at least 21 years prior to the date of his assuming the duties of constable. History. — Code 1981, § 15-10…

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.

Constables shall not be subject to Chapter 8 of Title 35 relating to employment and training of peace officers. History. — Code 1981, § 15-10-104, 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 and for the compensation of the clerk of magistrate court. In the a…

(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…

In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of clerk of the magistrate court, and payable from county funds, a monthly expense…

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…

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.…

Unless otherwise apparent from the context, references in local laws to justices of the peace and their courts shall be deemed on and after July 1, 1983, to refer to magistrates and magistrate courts. History. — Code 1981, § 15-10-123, enacted by Ga. L. 1983, p. 884, § 2-1. ARTIC…

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.

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…

(a) There shall be established a council which shall be known and designated as the ‘‘Georgia Magistrate Courts Training Council’’ and which shall be composed of the director of the Administrative Office of the Courts or such director’s designee, which member shall not be a votin…

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…