Title 15 — Courts
0 chapters · 823 sections in this title.
O.C.G.A. § 15-1-1 Where judicial power vested
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The judicial power is vested in such tribunals as are created by the Constitution of this state, such other inferior courts as are or may be established by law, and such persons as are or may be specially invested with powers of a judicial nature.
O.C.G.A. § 15-1-10 Removal of court records; storage
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(a) No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered, by order of the court, or as otherwise provided in this Code section. 80 15-1-10 (b) Notwithstanding any other provision of this Code section,…
O.C.G.A. § 15-1-11 Attendance of judges and court personnel at educational programs
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(a) Judges of the courts of this state, the clerks thereof, and the prosecuting officials and public defenders, both full-time and part-time, attached thereto are authorized to attend institutes, seminars, conferences, and other programs of an educational nature in order to becom…
O.C.G.A. § 15-1-15 Drug court divisions
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(a)(1) Any court that has jurisdiction over any criminal case which arises from the use, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, or other drug may establish a drug court division to pro…
O.C.G.A. § 15-1-16 Mental health court divisions
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(a) As used in this Code section, the term: (1) ‘‘Developmental disability’’ shall have the same meaning as set forth in Code Section 37-1-1. (2) ‘‘Mental illness’’ shall have the same meaning as set forth in Code Section 37-1-1. (3) ‘‘Risk and needs assessment’’ means an actuari…
O.C.G.A. § 15-1-17 Veterans court divisions
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(a) As used in this Code section, the term: (1) ‘‘VA’’ means the United States Department of Veterans Affairs. (2) ‘‘Veteran’’ means a person who is a former member of the armed forces of the United States or a state’s National Guard. (b)(1) Any court that has jurisdiction over c…
O.C.G.A. § 15-1-2 No jurisdiction by consent; waiver of personal jurisdiction
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Parties may not give jurisdiction to a court by consent, express or implied, as to the person or subject matter of an action. However, lack of jurisdiction of the person may be waived, insofar as the rights of the parties are concerned, but not so as to prejudice third persons. F…
O.C.G.A. § 15-1-22 Exclusive agreement for electronic filing service prohibited
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On and after January 1, 2019, no court or clerk of court shall enter into any exclusive agreement or contract that prohibits more than one electronic filing service provider to serve a court or clerk of court; provided, however, that such prohibition shall not require a court or c…
O.C.G.A. § 15-1-3 Powers of courts generally
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Every court has power: 8 15-1-3 (1) To preserve and enforce order in its immediate presence and, as near thereto as is necessary, to prevent interruption, disturbance, or hindrance to its proceedings; (2) To enforce order before a person or body empowered to conduct a judicial in…
O.C.G.A. § 15-1-4 Extent of contempt power
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(a) The powers of the several courts to issue attachments and inflict summary punishment for contempt of court shall extend only to cases of: (1) Misbehavior of any person or persons in the presence of such courts or so near thereto as to obstruct the administration of justice; (2…
O.C.G.A. § 15-1-5 Effect of rules of court
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The rules of the respective courts, legally adopted and not in conflict with the Constitution of the United States or of this state, or the laws thereof, are binding and must be observed. History. — Orig. Code 1863, § 198; Code 1868, § 192; Code 1873, § 204; Code 1882, § 204; Civi…
O.C.G.A. § 15-1-6 Court’s acts not invalid without clerk
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The acts of a court shall not lack validity for the want of a clerk. Whenever there is no clerk, or none to be had, or the clerk is incapable of discharging his duty, and any court performs that duty itself, its action as such is valid. History. — Orig. Code 1863, § 203; Code 186…
O.C.G.A. § 15-1-7 Grounds for impeachment
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It shall be unlawful for any Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior courts to receive for himself or any member of his family, either directly or indirectly, any favor from any railroad company or any free railroad pass or any like f…
O.C.G.A. § 15-1-8 When judge or judicial officer disqualified
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(a) No judge or Justice of any court, magistrate, nor presiding officer of any inferior judicature or commission shall: (1) Sit in any case or proceeding in which he is pecuniarily interested; (2) Preside, act, or serve in any case or matter when such judge is related by consangu…
O.C.G.A. § 15-1-9 When judge not disqualified
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Any judge, irrespective of his relationship to a party to the case or his interest in the case, shall be qualified to try any civil case in his court where there is no defense filed in the case, except where either party to the case objects to the related judge. History. — Ga. L. 1…
O.C.G.A. § 15-1-9.1 Requesting judicial assistance from other courts
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(a) As used in this Code section, the term: (1) ‘‘Administrative judge’’ means a superior court judge or senior judge of the superior court elected within an administrative district as provided by Code Section 15-5-4. (2) ‘‘Chief judge’’ means the judge most senior in time of ser…
O.C.G.A. § 15-1-9.2 Senior judge of superior courts
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(a) The office of senior judge of the superior courts is created, and judges of the superior courts or former judges of the superior courts may become senior judges as follows: (1) Any judge of the superior courts who retires pursuant to the provisions of Chapter 8 or Chapter 23 …
O.C.G.A. § 15-2-1 One supreme judicial district
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The entire state shall constitute one supreme judicial district. 117 History. — Orig. Code 1863, § 46; Code 1868, § 44; Code 1873, § 42; Code 1882, 15-2-3 § 42; Civil Code 1895, § 5493; Civil Code 1910, § 6098; Code 1933, § 24-3701. 15-2-1.1. Number of Justices.
O.C.G.A. § 15-2-1.1 Number of Justices
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The Supreme Court shall consist of nine Justices. History. — Code 1981, § 15-2-1.1, enacted by Ga. L. 1987, p. 324, § 1; Ga. L. 2016, p. 883, § 4-1/HB 927. Editor’s notes. — Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: ‘‘This Act shall be…
O.C.G.A. § 15-2-17 Rules for regulating Supreme Court’s proceedings
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The Supreme Court shall have full power and authority to make all rules, not in conflict with the Constitution or laws of this state, as may be necessary for carrying the Constitution into effect and regulating the court’s proceedings thereunder. To these ends it may, by rules, pr…
O.C.G.A. § 15-2-19 Law assistants
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The Justices of the Supreme Court shall be authorized to appoint law assistants for the use of the court and to remove them at pleasure. The law assistants shall have been admitted to the bar of this state as practicing attorneys; provided, however, that an individual who graduat…
O.C.G.A. § 15-2-2 When Justice providentially prevented from attending
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Whenever one or more of the Justices of the Supreme Court are unable from providential cause to preside in any case and the parties desire a full bench, it shall be the duty of the remaining Justices to designate a judge or judges of the superior court to preside in the place of …
O.C.G.A. § 15-2-20 Officers of court
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The officers of the Supreme Court are a clerk, a reporter and an assistant reporter, a sheriff, and stenographers. History. — Orig. Code 1863, § 213; Code 1868, § 207; Code 1873, § 220; Code 1882, § 220; Civil Code 1895, § 5507; Ga. L. 1896, p. 46, § 1; Civil Code 1910, § 6119; C…
O.C.G.A. § 15-2-21 Employment and salaries of court staff
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The Supreme Court may employ and fix the salaries of such stenographers, clerical assistants, and employees as may be deemed necessary by the court. Their salaries shall be paid by the clerk from the appropriations for the operation of the Supreme Court. History. — Ga. L. 1943, p.…
O.C.G.A. § 15-2-22 Sheriff of Supreme Court
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The sheriff of the Supreme Court shall be appointed by the Justices for such term as may be specified by the order of appointment, not to exceed six years. History. — Ga. L. 1882-83, p. 74, § 2; Civil Code 1895, § 5523; Civil Code 1910, § 6135; Code 1933, § 24-4401.
O.C.G.A. § 15-2-23 Compensation of sheriff
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Reserved. Repealed by Ga. L. 1993, p. 1402, § 4, effective July 1, 1993. Editor’s notes. — This Code section was based on Ga. L. 1916, p. 142, § 1; Ga. L. 1918, p. 227, § 1; Ga. L. 1919, p. 285, § 1; Code 1933, § 24-4402; Ga. L. 1952, p. 399, § 4; and Ga. L. 1981, Ex. Sess., p. 8…
O.C.G.A. § 15-2-24 Compensation of officers and employees
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The Justices of the Supreme Court are authorized to fix the annual compensation of the officers and employees of the court, provided that the total salaries and expenses of the court shall be within the amount of money available for such purposes. 133 History. — Orig. Code 1863, §…
O.C.G.A. § 15-2-25 Books, supplies, and services
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The Supreme Court shall purchase such books, pamphlets, or other publications and such other supplies and services as the Justices thereof may deem necessary. The cost thereof shall be paid by the clerk out of the appropriations for the operation of the Supreme Court. History. — …
O.C.G.A. § 15-2-3 Oath of Justices; compensation
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(a) Before entering on the discharge of their duties, the Justices shall take the oath prescribed for judges of the superior courts, along with all other oaths required for civil officers. 118 15-2-3 (b)(1) The annual salary of each Justice of the Supreme Court shall be as specifi…
O.C.G.A. § 15-2-4 Place of sessions; terms of court
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(a) The Supreme Court shall sit at the seat of government. (b) Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows: (1) December term beginning the first Monday in December; (2) April term beginning the first Monday in April…
O.C.G.A. § 15-2-40 Term of office; oath
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The clerk of the Supreme Court shall hold his office for six years unless removed for incapacity, improper conduct, or neglect of duty. Before entering upon his duties, he shall take an oath faithfully to discharge them and shall also take all other oaths required of civil office…
O.C.G.A. § 15-2-41 Deputy clerks
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The clerk of the Supreme Court may appoint one or more deputies, in his discretion, under such rules as the court may adopt and shall be responsible for the faithful performance of their duties. When so appointed, the powers and duties of the deputy clerks shall be the same as th…
O.C.G.A. § 15-2-42 Employees in clerk’s office
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The clerk of the Supreme Court, with the approval of the court, may employ such stenographers, clerical assistants, and employees as may be necessary for the performance of the duties in the office of the clerk. Their salaries shall be paid by the clerk from the appropriations fo…
O.C.G.A. § 15-2-43 Duties of clerk
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The clerk of the Supreme Court shall have the following duties: (1) To keep an office at the seat of government where all books, records, archives, and the seal of the court shall remain; (2) To attend all sessions of the court and obey all its lawful orders; (3) To keep fair and…
O.C.G.A. § 15-2-45 Compensation; disposition of fees
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(a) The clerk of the Supreme Court shall receive as salary for services a sum as set by the Justices of the Supreme Court, payable in equal monthly installments from the appropriations for the operation of the Supreme Court. (b) All fees coming to the clerk of the Supreme Court s…
O.C.G.A. § 15-2-46 Disposition of costs
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The funds arising from costs in the Supreme Court shall be paid into the general funds of the state. History. — Ga. L. 1875, p. 87, § 2; Code 1882, § 223a; Civil Code 1895, § 5511; Civil Code 1910, § 6123; Code 1933, § 24-4104; Ga. L. 1943, p. 387, § 3.
O.C.G.A. § 15-2-47 Term of office; oath
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Deputy clerks. Employees in clerk’s office. Duties of clerk. How costs taxed; notice of appeal and transcript not recorded. Compensation; disposition of fees. Disposition of costs. Attorneys liable for costs. Sec. VII, Para. II. Compensation and allowances for Justices of Supreme…
O.C.G.A. § 15-2-5 Place of hearing oral argument
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The Supreme Court may hear oral argument at places other than the seat of government. Reasonable notice shall be given of such hearings. History. — Code 1933, § 24-3804, enacted by Ga. L. 1979, p. 1107, § 1.
O.C.G.A. § 15-2-6 Duty of Justices to attend; quorum; adjournment
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It shall be the duty of all the Justices of the Supreme Court to attend each term thereof. However, if, from providential cause, any of the Justices cannot attend the court, the court may be held by a quorum as defined by Article VI, Section VI, Paragraph I of the Constitution of …
O.C.G.A. § 15-2-7 Adjournment for providential cause
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When from providential cause the Supreme Court cannot be held at the time and place designated by law, it may be adjourned by order of the Justices or by a quorum thereof, in either term time or vacation, to some other convenient time and place; and the session then held shall be…
O.C.G.A. § 15-2-8 Powers of court generally
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The Supreme Court has authority: (1) To exercise appellate jurisdiction, and in no appellate case to hear facts or examine witnesses; (2) To hear and determine all cases, civil and criminal, that may come before it; to grant judgments of affirmance or reversal, or any other order…
O.C.G.A. § 15-2-9 Answers to questions certified by federal courts
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(a) The Supreme Court of this state, by rule of court, may provide that when it shall appear to the Supreme Court of the United States, to any circuit court of appeals or district court of the United States, or to the Court of Appeals or the District Court of the District of Colu…
O.C.G.A. § 15-3-10 Employment and salaries of staff
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The Court of Appeals may employ and fix the salaries of stenographers, clerical assistants, and such other employees as may be deemed necessary by the court; and the salaries therefor shall be paid by the clerk from the appropriations for the operation of the Court of Appeals. His…
O.C.G.A. § 15-3-12 Books, supplies, and services
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The Court of Appeals shall purchase such books, pamphlets, or other publications and such other supplies and services as the Judges thereof may deem necessary. The cost thereof shall be paid by the clerk out of the appropriations for the operation of the Court of Appeals. History…
O.C.G.A. § 15-3-13 Disposition of fees
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Compensation of sheriff of court [Repealed]. Law assistants. Employment and salaries of staff. Appointment of deputy clerk and employees by clerk of court. Books, supplies, and services. Voluntary preappeal settlement conference procedure. Para. II. Compensation and allowances fo…
O.C.G.A. § 15-3-2 Terms of court
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15-3-3. Jurisdiction over certain crimes. 15-3-3.1. Appellate jurisdiction of Court of Appeals. 15-3-4. Election and term of office of Judges of Court of Appeals. 15-3-5. Oath of Judges; compensation.
O.C.G.A. § 15-3-3 Statutory rape, § 16-6-3
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Enticing a child for indecent purposes, § 16-6-5. Time limitation on prosecution for crimes punishable by death or life imprisonment, § 17-3-1. Law enforcement agencies’ duties to collect information as to missing persons, §§ 35-1-8, 35-3-4. Prohibition on minimum waiting periods…
O.C.G.A. § 15-3-3.1 Appellate jurisdiction of Court of Appeals
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(a) Pursuant to Article VI, Section VI, Paragraph III of the Constitution of this state, the Court of Appeals rather than the Supreme Court shall have appellate jurisdiction in the following classes of cases: (1) Cases involving title to land; 143 15-3-3.1 COURTS 15-3-3.1 (2) All…
O.C.G.A. § 15-3-4 Election and term of office of Judges of Court of Appeals
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(a) The Judges of the Court of Appeals shall be elected at the general primary in each even-numbered year in the manner in which Justices of the Supreme Court are elected. The election of the Judges shall be as follows: (1) Successors to the Judges serving in judgeships which exi…
O.C.G.A. § 15-3-5 Oath of Judges; compensation
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(a) Before entering on the discharge of their duties, the Judges shall take the oath prescribed for judges of the superior courts, along with all other oaths required for civil officers. (b)(1) The annual salary of each Judge of the Court of Appeals shall be as specified in Code S…