Title 15 — Courts

Grand jurors have a duty to examine or make presentments of such offenses as may or shall come to their knowledge or observation after they have been sworn. Additionally, they have the right and power and it is their duty as jurors to make presentments of any violations of the la…

Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular inspection provided for in Code Section 15-12-71 and in their general presentments shall make such recommendations to the county governing authorities as may be n…

If in any county no grand jury is impaneled in the fall of any year, then, as to such county, the expense allowance provided for in Code Section 15-12-7 shall remain as fixed by the grand jury for the preceding year. (Orig. Code 1863, § 3846; Code 1868, § 3866; Ga. L. 1871-72, p.…

Grand juries are authorized to recommend to the court the publication of the whole or any part of their general presentments and to 70 15-12-81 prescribe the manner of publication. When the recommendation is made, the judge shall order the publication as recommended. Reasonable c…

Clark, 286 Ga. 11, 685 S.E.2d 72, 2009 Ga. LEXIS 643 (2009). No material factor identified under O.C.G.A. § 48-5-299. — Grant of summary judgment to the taxpayers in the taxpayers’ respective assessment appeals was upheld because the county board’s stated basis for increasing the …

(a) The judges of the superior courts are authorized and empowered to transfer the investigation by a grand jury from the county where the crime was committed to the grand jury in any other county in this state when it appears that a qualified grand jury cannot be had for the pur…

All sheriffs, deputy sheriffs, coroners, jailers, constables, and other officers of court shall be liable to all actions and disabilities which they incur in respect of any matter or thing relating to or concerning their respective offices. (Laws 1792, Cobb’s 1851 Digest, p. 576;…

When a rule absolute has been obtained against any officer for the payment of money, as provided in Code Sections 15-13-4 and 15-13-5, the rule shall constitute the same lien upon the property, both real and personal, of the officer as an ordinary judgment at law; and, if not pun…

Unless otherwise provided by law, a rule absolute granted against a sheriff, constable, or other officer who has defaulted in his duty shall constitute a lien on his property from the date of rendition but shall be of equal date with other judgments rendered against the officer w…

Any sheriff shall be liable to an action for damages or an attachment for contempt of court, at the option of the party, whenever it appears that the sheriff has injured the party by: (1) Making a false return; (2) Neglecting to arrest a defendant; (3) Neglecting to levy on the p…

None of the fees which clerks of the superior courts, sheriffs, deputy sheriffs, bailiffs, magistrates, or constables are entitled to charge and collect for the performance of their official duties shall be charged to the state for failure to collect from the person charged unles…

Every public official mentioned in Code Section 15-13-30, his deputy, or his agent shall, when required, give a statement of the fees demanded and a receipt for the same to any person paying any lawful or pretended fees of office, on pain of forfeiting $10.00 for every such negle…

If a public official mentioned in Code Section 15-13-30 takes or demands any greater fee than the law allows or a fee for services not performed, he shall forfeit $50.00, to be demanded in court and recovered as prescribed in Code Section 15-13-31. (Laws 1792, Cobb’s 1851 Digest,…

(a) Every public official shall constantly keep and have posted in a conspicuous place in his or her office, the place where the business thereof is conducted, or in an electronic format accessible to the public a table of fees for his or her office stated in fair words and figur…

When an action based on Code Sections 15-13-30 through 15-13-33 is brought against a public official and a judgment is rendered in favor of 214 15-13-36 the official, the person who brought the action shall pay three times the ordinary costs. (Laws 1792, Cobb’s 1851 Digest, p. 35…

Except as otherwise provided by law, any officer of court who knowingly demands, as costs from a defendant in a criminal case, fees to which such officer is not entitled and any prosecuting attorney who demands or receives any fee or costs on any criminal case which has not been …

The judges of the superior courts, judges of the probate courts, and magistrates, respectively, upon application, may grant rules nisi against all officers subject thereto, which rules nisi shall contain a full statement of the case in which the officer is called upon to show cau…

The officer called on by rule nisi, as provided in Code Section 15-13-4, shall fully respond in writing to the rule, which answer shall be under oath taken at the time the answer is filed. If the answer is not denied, the rule shall be discharged or shall be made absolute, depend…

If a sheriff or other officer designedly absents himself from his court, the presiding judge or justice, when required by plaintiffs in execution or their attorneys, shall grant a rule absolute against the sheriff or other officer without the notice provided for in Code Section 1…

Magistrates and constables shall be considered officers of the superior court so far as to be subject to be ruled under similar conditions as are provided in relation to any other officer of the court and shall be subject to all the penalties as are provided in case of a rule abs…

Sheriffs, deputy sheriffs, coroners, clerks of the superior courts, magistrates, and constables shall be subject to the rule and order of the courts at any and all times after they have retired from their respective offices, in such cases and in like manner as they would have bee…

All deputy sheriffs shall be liable to be ruled and attached in the same way and manner as sheriffs. However, the liability of the sheriff shall not be affected by any such proceeding against his deputy when the same is not effective. (Laws 1841, Cobb’s 1851 Digest, p. 580; Code …

(a) The judges of the city courts of this state having concurrent jurisdiction with the superior courts of this state to try misdemeanor cases and to try civil cases where the amount involved exceeds $500.00, where not otherwise specifically provided for by law, may appoint an of…

This article shall be known and may be cited as ‘‘The Georgia Court Reporting Act.’’ (Ga. L. 1974, p. 345, § 1; Ga. L. 1993, p. 1315, § 7.) 15-14-21. Purpose.

It is declared by the General Assembly that the practice of court reporting carries important responsibilities in connection with the administration of justice, both in and out of the courts; that court reporters are officers of the courts; and that the right to define and regula…

As used in this article, the term: (1) ‘‘Board’’ means the Board of Court Reporting of the Judicial Council. (2) ‘‘Certified court reporter’’ means any person certified under this article to practice verbatim reporting. (3) ‘‘Court reporter’’ means any person who is engaged in th…

Immediately and before entering upon the duties of their office, the members of the board shall take the oath of office and shall file the same in the office of the Judicial Council. Upon receiving the oath of office, the Judicial Council shall issue to each member a certificate …

The board shall each year elect from its members a chairperson, whose term shall be for one year, and who shall serve during the period for which elected and until a successor shall be elected. The board shall make all necessary rules and regulations to carry out this article, bu…

No person shall engage in the practice of verbatim court reporting in this state unless the person is the holder of a certificate as a certified court reporter or is the holder of a temporary permit issued under this article. (Ga. L. 1974, p. 345, § 12; Ga. L. 1993, p. 1315, § 7.…

(a) Upon receipt of appropriate application and fees, the board shall grant a certificate as a certified court reporter to any person who: (1) Has attained the age of 18 years; (2) Is of good moral character; (3) Is a graduate of a high school or has had an equivalent education; …

15-14-32. Use of title or abbreviation. 15-14-33. Refusing or revoking certificate or temporary permit or discipline of person; disciplinary actions; appeal; reinstatement; immunity for reporting; voluntary surrender or failure to renew; regulation. 15-14-34. Temporary permits.

Any person who has received from the board a certificate as provided for in this article shall be known and styled as a certified court reporter 229 15-14-33 and shall be authorized to practice as such in this state and to use such title or the abbreviation ‘‘C.C.R.’’ in so doing…

Temporary employment of any person may be possible by obtaining a temporary permit from the board or from a judge in compliance with the rules and regulations of the Board of Court Reporting of the Judicial Council. The scope of the activities of the temporary permit holder shall…

On the verified complaint of any person or by motion of the board that any person, firm, or corporation has violated any provision of this article, the board, with the consent of the Judicial Council, may file a complaint seeking equitable relief in its own name in the superior c…

Any person who: (1) Represents himself or herself as having received a certificate or temporary permit as provided for in this article or practices as a certified court reporter, without having received a certificate or temporary permit; (2) Continues to practice as a court repor…

(a) In all judicial circuits of this state in which nine or more superior court judges are provided by law, the judges of such circuits shall have the power to appoint, in addition to those court reporters already authorized by law, such additional court reporters as each judge d…

Michelin N. Am., Inc., 313 Ga. App. 248, 721 S.E.2d 190 (2011). Exclusion of court reporter’s audio recording of plea hearing. — Trial court did not abuse its discretion in excluding the court reporter’s audio recording of the plea hearing because the defendant did not attempt to…

The child support receiver shall take the oath of office prescribed by Code Section 45-3-1 and shall execute bond with good security in the same amount as is prescribed by law for the clerk of the superior court of such county. The child support receiver shall require that any em…

It shall be the duty of the child support receiver to: (1) Collect all child support payments and such other payments of support as are established by judicial order or by a written agreement of a parent or guardian to furnish support to his minor child, the 239 15-15-4 terms of …

(a) The child support receiver shall be authorized to charge the paying party an additional 5 percent of the amount of each payment, not to exceed $2.00 per payment. In the event of arrearage, the above fee shall be assessed as if the payments had been paid individually when due.…

The chief judge, with the approval of the governing authority of the county or counties affected, shall fix the salary of the child support receiver and any other employees of such office, to be paid from the treasury of the county or counties. (Code 1933, § 24-2704a, enacted by …

(a) The child support receiver shall maintain an office within the county courthouse or within other suitable office space provided by the county or counties. (b) It shall be the responsibility of the governing authority of the county or counties to budget for all expenses, inclu…

(a) Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of she…

(a) It is the duty of the sheriff: (1) To execute and return the processes and orders of the courts and of officers of competent authority, if not void, with due diligence, when delivered to him for that purpose, according to this Code; (2) To attend, by himself or his deputy, up…

Reserved. Repealed by Ga. L. 2012, p. 173, § 1-31/HB 665, effective July 1, 2012. Editor’s notes. — This Code section was based on Orig. Code 1863, § 337; Code 1868, § 398; Code 1873, § 363; Code 1882, § 363; Civil Code 1895, § 4383; Civil Code 1910, § 4917; Code 1933, § 24-2820;…

The sheriff of each county is authorized to enter into agreements with the judge of the probate court or the clerk of the superior court of the county, or both, relative to the retention of newspapers or copies thereof. (Ga. L. 1974, p. 383, § 3.) 266 15-16-13

Sheriffs and their legal deputies may administer oaths in all cases where, in discharge of the duties of the office of sheriff, it is legal for them to take bond and security or any affidavit which by law suspends the further execution of process in their hands. Such oaths, when …

The sheriff or other executing officer may amend his official entries and returns so as to make the entries and returns conform to the facts of the case at the time the entries or returns were made. (Orig. Code 1863, § 3426; Code 1868, § 3446; Code 1873, § 3497; Code 1882, § 3497…

If the sheriff or other executing officer fails to make an official return which by law he should have made, the entry or return may be made nunc pro tunc by order of the court, so as to make the proceedings conform to the facts at the time the entry should have been made. (Orig.…

No sheriff or deputy or other officer discharging a similar duty shall be permitted to purchase any property whatever at his own sale, either upon his own bid or upon the bid of any other person for him, directly or indirectly. All such sales and deeds in pursuance thereto, inten…