reglab/housing_qa huggingface dataset:
GA Code § 17-7-111 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 7 - Pretrial Proceedings|Article 6 - Demurrers, Motions, and Special Pleas and Exceptions|Part 1 - General Provisions|§ 17-7-111. Demurrers and Special Pleas to Be in Writing; Right to Plead "Not Guilty" if Demurrer or Plea Denied

 If the defendant, upon being arraigned, demurs to the indictment, pleads to the jurisdiction of the court, pleads in abatement, or enters any other special plea in bar, the demurrer or plea shall be made in writing. If the demurrer or plea is decided against the defendant, he may nevertheless plead and rely on the general issue of "not guilty."   (Laws 1833, Cobb's 1851 Digest, p. 834; Code 1863, § 4526; Code 1868, § 4545; Code 1873, § 4639; Code 1882, § 4639; Penal Code 1895, § 950; Penal Code 1910, § 975; Code 1933, § 27-1501.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 132 et seq., 467 et seq., 585 et seq. 41 Am. Jur. 2d, Indictments and Informations, § 270 et seq.   C.J.S.   - 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2542 et seq. 42 C.J.S., Indictments and Information, § 258 et seq. 71 C.J.S., Pleading, § 230 et seq.   ALR.   - Guilty plea safeguards as applicable to stipulation allegedly amounting to guilty plea in state criminal trial, 17 A.L.R.4th 61.   When is dismissal of indictment appropriate remedy for misconduct of government official, 10 A.L.R. Fed. 3d 3.   Construction and Application of Supreme Court's Holding in Bank of Nova Scotia v. U.S., 487 U.S. 250 (1988), that Harmless Error Standard Under Fed. R. Crim. P. 52(a) Applies to Dismissal of Indictment, 20 A.L.R. Fed. 3d 1.
GA Code § 17-7-112 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 7 - Pretrial Proceedings|Article 6 - Demurrers, Motions, and Special Pleas and Exceptions|Part 1 - General Provisions|§ 17-7-112. Plea of Misnomer

 A plea of misnomer should state the true name of the accused person, that he had never been known by any other name than that, and that he was not known and called by the name which was contained in the indictment or accusation.   (Penal Code 1895, § 954; Penal Code 1910, § 979; Code 1933, § 27-1505.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 589, 595 et seq.   ALR.    - Necessity in indictment charging violation of statute regarding wages, or hours, of naming particular employees, 81 A.L.R. 76.    Time and manner of raising objection of misnomer of defendant in indictment or information, 132 A.L.R. 410.
GA Code § 17-7-113 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 7 - Pretrial Proceedings|Article 6 - Demurrers, Motions, and Special Pleas and Exceptions|Part 1 - General Provisions|§ 17-7-113. Time for Making Exception to Form of Indictment or Accusation

 All exceptions which go merely to the form of an indictment or accusation shall be made before trial.   (Laws 1833, Cobb's 1851 Digest, p. 833; Code 1863, § 4517; Code 1868, § 4536; Code 1873, § 4629; Code 1882, § 4629; Penal Code 1895, § 955; Penal Code 1910, § 980; Code 1933, § 27-1601.)   RESEARCH REFERENCES   ALR.    - Sufficiency of indictment as affected by bill of particulars, 10 A.L.R. 982.    Description in indictment for perjury of proceeding in which perjury was committed, 24 A.L.R. 1137.    Power of court to pass on competency, legality, or sufficiency of evidence on which indictment is based, 31 A.L.R. 1479.    Sufficiency of description of automobile, or automobile equipment or accessories, in indictment, information, or complaint in criminal proceedings, 100 A.L.R. 791.    Necessity of alleging in information or indictment that act was "unlawful," 169 A.L.R. 166.    Necessity of naming owner of building in indictment or information for burglary, 169 A.L.R. 887.   Necessity of alleging in indictment or information limitation-tolling facts, 52 A.L.R.3d 922.   Use of abbreviation in indictment or information, 92 A.L.R.3d 494.   Failure to swear or irregularity in swearing witnesses appearing before grand jury as ground for dismissal of indictment, 23 A.L.R.4th 154.
GA Code § 17-7-129 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 7 - Pretrial Proceedings|Article 6 - Demurrers, Motions, and Special Pleas and Exceptions|Part 2 - Insanity and Mental Incompetency|§ 17-7-129. Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney

  When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused's mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused's mental competency to stand trial. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation of the accused's competency. If the court determines that it is necessary to have a trial on the issue of competency, the court shall follow the procedures set forth in Code Section 17-7-130. The court's order shall set forth those facts which give rise to its bona fide doubt as to the accused's mental competency to stand trial. The evaluation of the Department of Behavioral Health and Developmental Disabilities shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or, if pro se, to the accused, but otherwise, the report shall remain under seal.   If the court orders a competency evaluation and the accused serves notice of a special plea of mental incompetency to stand trial or raises the issue of insanity, the court shall release the competency evaluation to the prosecuting attorney. Such evaluation shall not be released to any other person absent a court order.     (Code 1981, §17-7-129, enacted by Ga. L. 2011, p. 372, § 1/HB 421.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 35 et seq., 798.   31A Am. Jur. 2d, Expert and Opinion Evidence, §§ 117, 136.   C.J.S.   - 31A C.J.S., Evidence, § 225.   32 C.J.S., Evidence, §§ 763 et seq., 885 et seq.
GA Code § 17-7-151 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 7 - Pretrial Proceedings|Article 6 - Demurrers, Motions, and Special Pleas and Exceptions|Part 3 - Change of Venue|§ 17-7-151. Transfer Upon Change of Venue of Evidence, List of Witnesses, and Papers; Issuance of Subpoenas to Witnesses and Others by Clerk of Court Selected to Try Case

 Whenever a change of venue is made, the clerk of the court from which the case has been transferred shall send to the court to which the case has been transferred a transcript of the order for the change of venue, the evidence before the court of inquiry, a list of all the witnesses subpoenaed in the case, and all other papers connected with the case. The clerk of the court selected to try the case shall issue subpoenas to the witnesses and such others as may be applied for by either party.   (Ga. L. 1895, p. 70, § 4; Penal Code 1895, § 940; Penal Code 1910, § 965; Code 1933, § 27-1202; Code 1933, § 27-1203, enacted by Ga. L. 1972, p. 536, § 1.)   Cross references.   - Transfer of prisoner upon change of venue, § 42-4-11.   U.S. Code.   - Transfer of trials, Federal Rules of Criminal Procedure, Rule 21(c).   JUDICIAL DECISIONS   Sending of copies of order to court acquiring venue.    - Certified copy of the order granting the change of venue may be sent to the county acquiring venue, but other papers transmitted must be the originals. Graham v. State, 143 Ga. 440, 85 S.E. 328, 1917A Ann. Cas. 595 (1915).   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 535 et seq.
GA Code § 17-7-152 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 7 - Pretrial Proceedings|Article 6 - Demurrers, Motions, and Special Pleas and Exceptions|Part 3 - Change of Venue|§ 17-7-152. Subsequent Changes of Venue

 If, on motion, the judge presiding in the court to which a case has been transferred is satisfied that a fair and impartial jury cannot be obtained therein, he shall, in the manner prescribed in subsection (a) of Code Section 17-7-150, transfer the case to some other county where a fair and impartial jury can be obtained.   (Ga. L. 1895, p. 70, § 5; Penal Code 1895, § 941; Penal Code 1910, § 966; Code 1933, § 27-1203; Code 1933, § 27-1204, enacted by Ga. L. 1972, p. 536, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 504 et seq., 527 et seq.   C.J.S.   - 22 C.J.S., Criminal Procedure and Rights of the Accused, § 1 et seq.
GA Code § 19-9-42 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-42. Article Inapplicable to Adoptions or Authorizations for Emergency Care

 This article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.    (Code 1981, §19-9-42, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-43 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-43. Proceeding Pertaining to Indian Child Exempted From Article

  A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. Section 1901 et seq., is not subject to this article to the extent that it is governed by the Indian Child Welfare Act.   A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this part and Part 2 of this article.   A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article.     (Code 1981, §19-9-43, enacted by Ga. L. 2001, p. 129, § 1.)   Cross references.   - Legitimate American Indian tribes, § 44-12-300 et seq.   RESEARCH REFERENCES   ALR.   - Construction and application of Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C.A. §§ 1901 et seq.) upon child custody determinations, 89 A.L.R.5th 195.   Who are "qualified expert witnesses" under Indian Child Welfare Act (ICWA), 25 U.S.C.A. § 1912(e), (f) and state ICWA statutes, requiring certain testimony by such witnesses before foster care placement or termination of parental rights may be ordered, 38 A.L.R.7th Art. 1.   Uniform Child Custody Jurisdiction and Enforcement Act's Application to Tribal Courts, 45 A.L.R.7th Art. 5.
GA Code § 19-9-45 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-45. Binding Authority of Child Custody Determination

 A child custody determination made by a court of this state that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this state or notified in accordance with Code Section 19-9-47 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.    (Code 1981, §19-9-45, enacted by Ga. L. 2001, p. 129, § 1.)   Law reviews.   - For annual survey on domestic relations law, see 64 Mercer L. Rev. 121 (2012).   JUDICIAL DECISIONS   Res judicata did not bar custody petition.    - Since a previous visitation order related to the grandparent's right to visitation, not custody, and the legal issues to be decided varied, the trial court properly determined that res judicata did not bar the grandparents' petition for custody under the Uniform Child Jurisdiction and Custody Act, O.C.G.A. § 19-9-40 et seq.; the Act does not provide that the judgment is conclusive as to all issues which could have been put in issue. Scott v. Scott, 311 Ga. App. 726, 716 S.E.2d 809 (2011).    Cited in Daniels v. Barnes, 289 Ga. App. 897, 658 S.E.2d 472 (2008); Hall v. Wellborn, 295 Ga. App. 884, 673 S.E.2d 341 (2009).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Habeas Corpus, §§ 119, 135.   C.J.S.   - 27C C.J.S., Divorce, § 1036 et seq. 39A C.J.S., Habeas Corpus, §§ 273, 344 et seq., 376. 67A C.J.S., Parent and Child, §§ 95, 96.   U.L.A.   - Uniform Child Custody Jurisdiction Act (U.L.A.) § 4.   ALR.    - Right of parent to notice and hearing before being deprived of custody of child, 76 A.L.R. 242.   Award of custody of child where contest is between child's mother and grandparent, 29 A.L.R.3d 366.   Divorce: necessity of notice of application for temporary custody of child, 31 A.L.R.3d 1378.   Right, in child custody proceedings, to cross-examine investigating officer whose report is used by court in its decision, 59 A.L.R.3d 1337.   Necessity of requiring presence in court of both parties in proceedings relating to custody or visitation of children, 15 A.L.R.4th 864.
GA Code § 19-9-46 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-46. Priority of Question of Jurisdiction

 If a question of existence or exercise of jurisdiction under this article is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.    (Code 1981, §19-9-46, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-47 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-47. Notice and Proof of Service on Persons Outside the State

  Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.   Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.   Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.     (Code 1981, §19-9-47, enacted by Ga. L. 2001, p. 129, § 1.)   Cross references.   - Grounds for exercise of personal jurisdiction over nonresidents generally, § 9-10-91.    Service of process generally, § 9-11-4.   JUDICIAL DECISIONS   Personal service on parent in foreign state.    - After the first parent took the parties' child from Georgia to South Carolina, the second parent filed a custody action in Georgia. Personal service of the complaint on the first parent in South Carolina was sufficient to confer jurisdiction under South Carolina R. Civ. P. 4(d)(1), and hence, was sufficient under O.C.G.A. § 19-9-47 as well. Croft v. Croft, 298 Ga. App. 303, 680 S.E.2d 150 (2009).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Habeas Corpus, §§ 119, 123, 135.   C.J.S.   - 27C C.J.S., Divorce, § 1044 et seq. 39A C.J.S., Habeas Corpus, §§ 273, 344 et seq., 376. 67A C.J.S., Parent and Child, § 95 et seq.   U.L.A.   - Uniform Child Custody Jurisdiction Act (U.L.A.) § 5.   ALR.    - Right of parent to notice and hearing before being deprived of custody of child, 76 A.L.R. 242.
GA Code § 19-9-48 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-48. Personal Jurisdiction Not Obtained in Other Matters; Service of Process

  A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.   A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.   The immunity granted by subsection (a) of this Code section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this article committed by an individual while present in this state.     (Code 1981, §19-9-48, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-49 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-49. Communication Between Court of This State and Other States

  A court of this state may communicate with a court in another state concerning a proceeding arising under this article and concerning any proceeding or court order in another state relating to family violence. A court of this state may consult any state or national registry of court orders relating to family violence with regard to any party.   The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.   Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.   Except as otherwise provided in subsection (c) of this Code section, a record must be made of any communication under this Code section. The parties must be informed promptly of the communication and granted access to the record.   For the purposes of this Code section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.     (Code 1981, §19-9-49, enacted by Ga. L. 2001, p. 129, § 1.)   Cross references.   - Electronic records and signatures, T. 10, C. 12.   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, annotations decided under the Uniform Child Custody Jurisdiction Act, former Code 1933, §§ 74-501 through 74-525, subsequently codified as §§ 19-9-40 through19-9-64, are included in the annotations for this Code section.    Informational requirements were necessary to effective functioning of former Code 1933, § 74-507. Youmans v. Youmans, 247 Ga. 529, 276 S.E.2d 837 (1981) (decided under former Uniform Child Custody Jurisdiction Act).    Cited in In re C.C.B., 164 Ga. App. 3, 296 S.E.2d 198 (1982); Osgood v. Dent, 167 Ga. App. 406, 306 S.E.2d 698 (1983).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Habeas Corpus, § 83 et seq. 59 Am. Jur. 2d, Parent and Child, § 10.   C.J.S.   - 27C C.J.S., Divorce, § 1280 et seq. 39 C.J.S., Habeas Corpus, § 161 et seq. 67A C.J.S., Parent and Child, § 106 et seq.   U.L.A.   - Uniform Child Custody Jurisdiction Act (U.L.A.) § 9.   ALR.   - Necessity of requiring presence in court of both parties in proceedings relating to custody or visitation of children, 15 A.L.R.4th 864.
GA Code § 19-9-50 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-50. Testimony by Deposition; Electronic Deposition; Evidence Transmitted by Technological Means Not to Be Excluded

  In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.   A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.   Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.     (Code 1981, §19-9-50, enacted by Ga. L. 2001, p. 129, § 1.)   Law reviews.   - For annual survey on domestic relations, see 69 Mercer L. Rev. 83 (2017).   JUDICIAL DECISIONS   Grandparent's appearance by telephone denied.    - In a grandparent visitation matter, the trial court did not abuse the court's discretion in connection with the court's denial of the grandmother's request to appear by telephone, pursuant to O.C.G.A. § 19-9-50(b), because the trial court properly determined that the grandmother was not indigent based on the information provided that the grandmother's monthly income was $4,669. Devlin v. Devlin, 339 Ga. App. 520, 791 S.E.2d 840 (2016).    Cited in Drawdy v. Sasser, 335 Ga. App. 650, 782 S.E.2d 706 (2016).   RESEARCH REFERENCES   Am. Jur. 2d.   - 24 Am. Jur. 2d, Divorce and Separation, §§ 900, 901, 904, 919 et seq. 39 Am. Jur. 2d, Habeas Corpus, §§ 106, 107.   C.J.S.   - 27C C.J.S., Divorce, § 1036 et seq. 39A C.J.S., Habeas Corpus, § 283 et seq. 67A C.J.S., Parent and Child, § 97.   U.L.A.   - Uniform Child Custody Jurisdiction Act (U.L.A.) § 10.
GA Code § 19-9-51 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-51. Hearings and Studies in Another State; Costs

  A court of this state may request the appropriate court of another state to:   Hold an evidentiary hearing;   Order a person to produce or give evidence pursuant to procedures of that state;   Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;   Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and   Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.     Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this Code section.   Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this Code section may be assessed against the parties according to the law of this state.   A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.     (Code 1981, §19-9-51, enacted by Ga. L. 2001, p. 129, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Habeas Corpus, §§ 119, 135.   C.J.S.   - 27C C.J.S., Divorce, § 1036 et seq. 39A C.J.S., Habeas Corpus, § 344 et seq. 67A C.J.S., Parent and Child, § 97.   U.L.A.   - Uniform Child Custody Jurisdiction Act (U.L.A.) § 11.   ALR.   - Necessity of requiring presence in court of both parties in proceedings relating to custody or visitation of children, 15 A.L.R.4th 864.