reglab/housing_qa huggingface dataset:
GA Code § 9-15-13 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 15 - Court and Litigation Costs|§ 9-15-13. Judgment and Execution Against Attorney for Costs

 In all cases in which it is made to appear that an attorney is liable for costs, the court shall, on motion, order a judgment and execution against him for the same.   (Orig. Code 1863, § 3612; Code 1868, § 3637; Code 1873, § 3687; Code 1882, § 3687; Civil Code 1895, § 5396; Civil Code 1910, § 5994; Code 1933, § 24-3412.)   OPINIONS OF THE ATTORNEY GENERAL    Clerk of superior court has no discretion as to acceptance and transmittal of pauper's affidavit.  1965-66 Op. Att'y Gen. No. 66-169.   Probate court costs.    - Purpose of statutory provisions allowing indigent persons relief from the filing of deposits such as Ga. L. 1955, p. 584, §§ 1 and 2 and former Code 1933, §§ 24-716 and 24-1716.1 (see now O.C.G.A. §§ 9-15-2,15-9-60, and15-9-61) was to provide an indigent access to the courts, and it did not appear that the General Assembly intended to permanently relieve a litigant from responsibility to pay any probate court costs regardless of the litigant's ultimate ability to pay such costs; accordingly, a party allowed to proceed in forma pauperis without the filing of such an advance cost deposit could be required to pay court costs if the party later became able to pay those costs by virtue of receipt of estate funds through probate proceedings. 1978 Op. Att'y Gen. No. U78-48.   RESEARCH REFERENCES   ALR.    - Necessity of attorney on contingent fee making pauper's oath in support of suit in forma pauperis, 33 A.L.R. 731.   Right of indigent to proceed in marital action without payment of costs, 52 A.L.R.3d 844.   What constitutes order made pursuant to state domestic relations law for purposes of qualified domestic relations order exception to antialienation provision of Employee Retirement Income Security Act of 1974 (29 USCS § 1056(d)), 79 A.L.R.4th 1081.
GA Code § 9-16-1 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-1. Short Title

 This chapter shall be known and may be cited as the "Georgia Uniform Civil Forfeiture Procedure Act."    (Code 1981, §9-16-1, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-3 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-3. Jurisdiction

  A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought:   In the case of an in rem action, in the judicial circuit where the property is located;   In the case of an in personam action, in the judicial circuit in which the defendant resides; or   By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture.     If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney.   A civil forfeiture proceeding may be compromised or settled in the same manner as other civil actions.     (Code 1981, §9-16-3, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-4 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-4. Venue

 A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 shall be tried:    If the complaint for forfeiture is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction;   If the complaint for forfeiture is in rem against tangible or intangible personal property, in any county where the property is located or will be located during the pendency of the action; or   If the complaint for forfeiture is in personam, as provided in Article VI, Section II of the Constitution.     (Code 1981, §9-16-4, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-5 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-5. Notice to Owner of Seizure of Vehicle

 If a seized vehicle is registered to a person or entity that was not present at the scene of the seizure and whose conduct did not give rise to the seizure, the seizing officer or his or her designee shall make a reasonable effort to determine the name of the registered owner of the seized vehicle and, upon learning such registered owner's telephone number or address, inform such registered owner that the vehicle has been seized.    (Code 1981, §9-16-5, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)   Editor's notes.   - This Code section is set out above to reflect a change in the catchline.
GA Code § 9-16-6 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-6. Seizure of Property

  Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A court issued warrant authorizing seizure of property subject to forfeiture may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of the United States. The court may order that the property be seized on such terms and conditions as are reasonable.   Property subject to forfeiture may be seized without process if probable cause exists to believe that the property is subject to forfeiture or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.   The court's jurisdiction over any civil forfeiture proceeding shall not be affected by a seizure in violation of the Constitution of Georgia or the Constitution of the United States made with process or in a good faith belief of probable cause.     (Code 1981, §9-16-6, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-7 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-7. Reporting of Seizure; Role of State Attorney

  When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the seizing officer shall, in writing, report the fact of seizure and conduct an inventory and estimate the value of the property seized and provide such information to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made.   Within 60 days from the date of seizure, the state attorney shall:   Initiate a quasi-judicial forfeiture as provided for in Code Section 9-16-11; or   File a complaint for forfeiture as provided for in Code Section 9-16-12 or 9-16-13.     If the seizing officer fails to comply with subsection (a) of this Code section or the state attorney fails to comply with subsection (b) of this Code section, the property shall be released on the request of an owner or interest holder, pending a complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13, unless the property is being held as evidence. When the court releases property pursuant to this subsection, upon application by the state attorney, it may impose conditions as specified in paragraph (1) of Code Section 9-16-14.     (Code 1981, §9-16-7, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-9 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-9. Seized Property Not Subject to Replevin, Conveyance, Sequestration, or Attachment; Release of Property; Assignment of Complaint for Forfeiture; Custodian of Property

  Property attached or seized under this chapter shall not be subject to replevin, conveyance, sequestration, or attachment.   The seizing law enforcement agency or the state attorney may authorize the release of the attached or seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding to another agency or state attorney by discontinuing such proceeding in favor of a civil forfeiture proceeding initiated by another law enforcement agency or state attorney.   A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 may be assigned to the same judge hearing any other complaint for forfeiture or criminal proceeding involving substantially the same parties or same property in accordance with the Uniform Superior Court Rules.   Property shall be deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the civil forfeiture proceeding.     (Code 1981, §9-16-9, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-15 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-15. Stay of Civil Forfeiture Proceedings During Pendency of Criminal Proceedings; Effect of Criminal Conviction

  For good cause shown by the state or the owner or interest holder of the property, the court may stay civil forfeiture proceedings during the pendency of criminal proceedings resulting from a related indictment or accusation until such time as the criminal proceedings result in a plea of guilty, a conviction after trial, or an acquittal after trial or are otherwise concluded before the trial court.   An acquittal or dismissal in a criminal proceeding shall not preclude civil forfeiture proceedings.   A defendant convicted in any criminal proceeding shall be precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any civil forfeiture proceeding against such defendant pursuant to this chapter, regardless of the pendency of an appeal from that conviction; provided, however, that the evidence of the pendency of an appeal shall be admissible. For the purposes of this subsection, the term "conviction" means the result from a verdict or plea of guilty, including a plea of nolo contendere.     (Code 1981, §9-16-15, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)   Law reviews.   - For article, "Parallel Proceedings,” see 25 Ga. St. B.J. 20 (Feb. 2020).
GA Code § 9-16-16 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-16. Recovery by an Injured Person

  As used in this Code section, the term "injured person" means any person who suffers a pecuniary loss or physical injury due to a violation of Code Section 16-5-46, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16. In the event that such person is a child or deceased, the provisions of subparagraphs (B) and (C) of paragraph (11) of Code Section 17-17-3 shall apply.   If an injured person has provided contact information pursuant to Chapter 17 of Title 17, a state attorney shall serve every known injured person, if he or she has not previously been served, with a copy of the complaint for forfeiture and a notice of such person's right of intervention at least 30 days prior to the entry of a final judgment.   Notwithstanding the distribution of forfeiture proceeds as set forth in Code Section 9-16-19, any injured person shall have a right or claim to forfeited property or to the proceeds superior to any right or claim the state or local government has in the same property or proceeds other than for costs. To enforce such a claim, the injured person must intervene in the civil forfeiture proceeding prior to the entry of a final judgment.     (Code 1981, §9-16-16, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-17 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-17. Burden of Proof and Presumptions

    The state's burden of proof shall be to show by a preponderance of the evidence that seized property is subject to forfeiture.   A property interest shall not be subject to forfeiture under this chapter if the owner of the interest or interest holder establishes that the owner or interest holder:   Is not privy to criminal conduct giving rise to its forfeiture;   Did not consent to the conduct giving rise to the forfeiture;   Did not know of the conduct giving rise to the forfeiture;   Did not know the conduct giving rise to the forfeiture was likely to occur;   Should not have reasonably known the conduct giving rise to the forfeiture was likely to occur;   Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction;   With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to the forfeiture;   Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and   Acquired the interest:   Before the completion of the conduct giving rise to its forfeiture and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or   After the completion of the conduct giving rise to its forfeiture:     As a bona fide purchaser for value without knowingly taking part in an illegal transaction;   Before the filing of a forfeiture lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture; and   At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture.       There shall be a rebuttable presumption that any property of a person is subject to forfeiture under this chapter if the state attorney establishes by a preponderance of the evidence that:   The person has engaged in conduct giving rise to forfeiture;   The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after such period; and   There was no likely source for the property other than the conduct giving rise to forfeiture.       (Code 1981, §9-16-17, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-18 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-18. Forfeited Property Vests in State at Time Conduct Giving Rise to Forfeiture Committed; Release of Property Upon Entry of Judgment in Favor of Owner

  All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the transferee claims and establishes in a hearing under this chapter that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under paragraph (2) of subsection (a) of Code Section 9-16-17.   On entry of judgment for a person claiming an interest in the property that is subject to a civil forfeiture proceeding, the court shall order that the property or interest in the property be released or delivered promptly to that person free of liens and encumbrances.     (Code 1981, §9-16-18, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-16-21 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-21. Effect of Federal Law Forfeitures; Annual Report

  Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or political subdivision to which the property or proceeds are so transferred as authorized by such federal law and regulations or guidelines promulgated thereunder. If federal law and regulations or guidelines promulgated thereunder are silent as to the utilization of such property or proceeds, the property and proceeds shall be disposed of and utilized as set forth in Code Section 9-16-19.   Any law enforcement agency receiving property or proceeds pursuant to federal law shall also comply with subsection (g) of Code Section 9-16-19.     (Code 1981, §9-16-21, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)   OPINIONS OF THE ATTORNEY GENERAL   Use of forfeiture funds for overtime pay of law enforcement.   - If federal law and regulations or guidelines promulgated permit the use of the proceeds of federal forfeitures for overtime pay of law enforcement officers, such use would be permitted under Georgia law. 2016 Op. Att'y Gen. No. 16-3.
GA Code § 9-16-22 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 16 - Uniform Civil Forfeiture Procedure Act|§ 9-16-22. Construction

 This chapter shall be liberally construed to effectuate its remedial purposes.    (Code 1981, §9-16-22, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)
GA Code § 9-17-1 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 17 - Georgia Uniform Mediation Act|§ 9-17-1. Definitions

 As used in this chapter, the term:    "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.   "Mediation communication" means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, terminating, or reconvening a mediation or retaining a mediator.   "Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.   "Mediator" means an individual who conducts a mediation, or if conducting a mediation pursuant to the Supreme Court of Georgia Alternative Dispute Resolution Rules governing the use of alternative dispute resolution mechanisms by the courts of this state, an individual qualified to mediate under such rules.   "Nonparty participant" means a person, other than a mediation party or mediator, that participates in a mediation, including a representative of a party.   "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.   "Proceeding" means:   A judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or   A legislative hearing or similar process.     "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.   "Sign" means:   To execute or adopt a tangible symbol with the present intent to authenticate a record; or   To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.       (Code 1981, §9-17-1, enacted by Ga. L. 2021, p. 646, § 2/SB 234.)
GA Code § 9-17-2 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 17 - Georgia Uniform Mediation Act|§ 9-17-2. Application

  Except as otherwise provided in subsection (b) or (c) of this Code section, this chapter applies to a mediation in which:   The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;   The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or   The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or as a provider of mediation services.     This chapter shall not apply to a mediation:   Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;   Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter shall apply to a mediation arising out of such a dispute that has been filed with an administrative agency or court;   Conducted by a judge where that judge acts as a mediator and may still make a ruling on the dispute; or   Conducted under the auspices of:   A primary or secondary school if all the mediation parties are students; or   A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution.       If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Code Sections 9-17-3 through 9-17-5 do not apply to the mediation or part agreed upon. However, Code Sections 9-17-3 through 9-17-5 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.     (Code 1981, §9-17-2, enacted by Ga. L. 2021, p. 646, § 2/SB 234.)
GA Code § 9-17-3 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 17 - Georgia Uniform Mediation Act|§ 9-17-3. Mediation Communication as Privileged; Use of Mediation Evidence

  Except as otherwise provided in Code Section 9-17-6, a mediation communication is privileged as provided in subsection (b) of this Code section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Code Section 9-17-4.   In a proceeding, the following privileges apply:   A mediation party may refuse to disclose and may prevent any other person from disclosing a mediation communication;   A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator; and   A nonparty participant may refuse to disclose and may prevent any other person from disclosing a mediation communication of the nonparty participant.     Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.     (Code 1981, §9-17-3, enacted by Ga. L. 2021, p. 646, § 2/SB 234.)
GA Code § 9-17-4 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 17 - Georgia Uniform Mediation Act|§ 9-17-4. Waiver of Privilege; Criminal Activity

  A privilege under Code Section 9-17-3 may be waived in a record if it is expressly waived by all mediation parties and:   In the case of the privilege of a mediator, it is expressly waived by the mediator; and   In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.     A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Code Section 9-17-3, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.   A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Code Section 9-17-3.     (Code 1981, §9-17-4, enacted by Ga. L. 2021, p. 646, § 2/SB 234.)