reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 10 - DISSENTERS' RIGHTS (§§ 14-11-1001 — 14-11-1013) › Section 14-11-1009 - Failure to take action

(a)
If the limited liability company does not take the proposed action within 60 days after the date set for demanding payment and depositing membership interest certificates, the limited liability company shall return the deposited certificates and release the transfer restrictions imposed on uncertificated membership interests.
(b)
If, after returning deposited certificates and releasing transfer restrictions, the limited liability company takes the proposed action, it must send a new dissenters' notice under Code Section
14-11-1005
and repeat the payment demand procedure.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 10 - DISSENTERS' RIGHTS (§§ 14-11-1001 — 14-11-1013) › Section 14-11-1010 - Procedure if member dissatisfied with payment or offer

(a)
A dissenter may notify the limited liability company in writing of his or her own estimate of the fair value of his membership interest and amount of interest due, and demand payment of his or her estimate of the fair value of his or her membership interest and interest due, if:
(1)
The dissenter believes that the amount offered under Code Section
14-11-1008
is less than the fair value of his or her membership interest or that the interest due is incorrectly calculated; or
(2)
The limited liability company, having failed to take the proposed action, does not return the deposited certificates or release the transfer restrictions imposed on uncertificated membership interests within 60 days after the date set for demanding payment.
(b)
A dissenter waives his or her right to demand payment under this Code section unless he or she notifies the limited liability company of his or her demand in writing under subsection (a) of this Code section within 30 days after the limited liability company offered payment for his or her membership interest, as provided in Code Section
14-11-1008
.
(c)
If the limited liability company does not offer payment within the time set forth in subsection (a) of Code Section
14-11-1008
:
(1)
The member may demand the information required under subsection (b) of Code Section
14-11-1008
, and the limited liability company shall provide the information to the member within ten days after receipt of a written demand for the information; and
(2)
The member may at any time, subject to the limitations period of Code Section
14-11-1013
, notify the limited liability company of his or her own estimate of the fair value of his membership interest and the amount of interest due and demand payment of his or her estimate of the fair value of his or her membership interest and interest due.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 10 - DISSENTERS' RIGHTS (§§ 14-11-1001 — 14-11-1013) › Section 14-11-1011 - Court action

(a)
If a demand for payment under Code Section
14-11-1010
remains unsettled, the limited liability company shall commence a proceeding within 60 days after receiving the payment demand and petition the court to determine the fair value of the membership interest and accrued interest. If the limited liability company does not commence the proceeding within the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b)
The limited liability company shall commence the proceeding, which shall be a nonjury equitable valuation proceeding, in the superior court of the county where a limited liability company's registered office is located. If the surviving entity is a foreign entity without a registered office in this state, it shall commence the proceeding in the county in this state where the registered office of the domestic entity merged with the foreign entity was located.
(c)
The limited liability company shall make all dissenters, whether or not residents of this state, whose demands remain unsettled parties to the proceeding, which shall have the effect of an action quasi in rem against their membership interests. The limited liability company shall serve a copy of the petition in the proceeding upon each dissenting member who is a resident of this state in the manner provided by law for the service of a summons and complaint and upon each nonresident dissenting member either by registered or certified mail or statutory overnight delivery and publication or in any other manner permitted by law.
(d)
The jurisdiction of the court in which the proceeding is commenced under subsection (b) of this Code section is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the powers described in the order appointing them or in any amendment to it. Except as otherwise provided in this chapter, Chapter 11 of Title 9, known as the "Georgia Civil Practice Act," applies to any proceeding with respect to dissenters' rights under this chapter.
(e)
Each dissenter made a party to the proceeding is entitled to judgment for the amount which the court finds to be the fair value of his or her membership interest, plus interest to the date of judgment.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 10 - DISSENTERS' RIGHTS (§§ 14-11-1001 — 14-11-1013) › Section 14-11-1012 - Court costs and counsel fees

(a)
The court in an appraisal proceeding commenced under Code Section
14-11-1011
shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court, but not including fees and expenses of attorneys and experts for the respective parties. The court shall assess the costs against the limited liability company, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under Code Section
14-11-1010
.
(b)
The court may also assess the fees and expenses of attorneys and experts for the respective parties, in amounts the court finds equitable:
(1)
Against the limited liability company and in favor of any or all dissenters if the court finds the limited liability company did not substantially comply with the requirements of Code Sections
14-11-1103
through
14-11-1109
; or
(2)
Against either the limited liability company or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this article.
(c)
If the court finds that the services of attorneys for any dissenter were of substantial benefit to other dissenters similarly situated and that the fees for those services should not be assessed against the limited liability company, the court may award to these attorneys reasonable fees to be paid out of the amounts awarded the dissenters who were benefited.
Amended by 2003 Ga. Laws 9, § 14, eff. 5/14/2003.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 10 - DISSENTERS' RIGHTS (§§ 14-11-1001 — 14-11-1013) › Section 14-11-1013 - Limitation of actions

No action by any dissenter to enforce dissenters' rights shall be brought more than three years after the limited liability company action was taken, regardless of whether notice of the limited liability company action and of the right of dissent was given by the limited liability company in compliance with the provisions of Code Section
14-11-1003
and Code Section
14-11-1005
.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1101 - Filing fees and penalties

(a)
The Secretary of State shall collect the following fees when the documents described below are delivered to the Secretary of State for filing pursuant to this chapter:
Document
Fee
----
--
(1) Articles of organization
$ 100.00
(2) Articles of amendment
20.00
(3) Articles of merger
20.00
(4) Certificate of election under Code Section
14-11-212
(together with articles of organization)
95.00
(5) Application for certificate of authority to transact business
225.00
(6) Statement of commencement of winding up
No fee
(7) Certificate of termination
No fee
(8) Application of withdrawal
No fee
(9) Articles of correction
20.00
(10) Application for reservation of a name
25.00
(11) Statement of change of registered office or registered agent ... $ 5.00 per limited liability company (foreign or domestic), but not less than
20.00
(12) Registered agent's statement of resignation pursuant to subsection (d) of Code Section
14-11-209
or subsection (d) of Code Section
14-11-703
No fee
(13) Certificate of judicial dissolution
No fee
(14) Annual registration (foreign or domestic)
50.00
(15) Penalty for late filing of annual registration
25.00
(16) Reinstatement fee
250.00
(17) Any other document required or permitted to be filed by this chapter
20.00
(18) Certificate of conversion
95.00
(b)
The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section
14-11-711
.
Amended by 2011 Ga. Laws 105,§ 8, eff. 7/1/2011.
Amended by 2010 Ga. Laws 360,§ 1-37, eff. 5/12/2010.
Amended by 2008 Ga. Laws 452,§ 14, eff. 5/6/2008.
Amended by 2007 Ga. Laws 242,§ 6, eff. 5/24/2007.
Amended by 2006 Ga. Laws 817,§ 27, eff. 7/1/2006.
Amended by 2003 Ga. Laws 385, § 8, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1102 - Execution by judicial act

(a)
If each person required by Code Section
14-11-205
to execute any document fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior court of the county where the registered office of the limited liability company is located to direct the execution of the document. If the court finds that it is proper for the document to be executed and that every person so designated has failed or refused to execute the document, it shall order the Secretary of State to file the document in appropriate form notwithstanding the lack of required execution.
(b)
The court shall assess the costs and expenses of such proceeding against the limited liability company, except that all or any part of such costs and expenses may be apportioned and assessed, as the court may determine, against any or all of the persons required by Code Section
14-2-205
to execute a document who failed or refused to do so if the court finds that such failure or refusal was arbitrary, vexatious, or otherwise not in good faith.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1103 - Annual registration

(a)
Each limited liability company and each foreign limited liability company authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1)
The name of the limited liability company or the foreign limited liability company and the jurisdiction under whose law it is organized;
(2)
The street address and county of its registered office and the name of its registered agent at that office in this state;
(3)
The mailing address of its principal place of business; and
(4)
Any additional information that is necessary to enable the Secretary of State to carry out the provisions of this chapter.
(b)
Information in the annual registration must be current as of the date the annual registration is executed on behalf of the limited liability company or foreign limited liability company.
(c)
The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which the limited liability company was formed or a foreign limited liability company was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules and regulations, of the following calendar years.
(d)
If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the limited liability company or foreign limited liability company in writing and return the registration to it for correction. If the registration is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the date of notice, it is deemed to be timely filed.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1103.1 - Valid period for annual registration

Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under this chapter to be valid for a period up to and including three years. The Secretary of State is authorized to adopt the necessary rules and regulations to implement such a registration process.
Added by 2017 Ga. Laws 47,§ 1-7, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1104 - Taxation

Each limited liability company and foreign limited liability company shall be classified as a partnership for Georgia income tax purposes unless classified otherwise for federal income tax purposes, in which case the limited liability company or foreign limited liability company shall be classified for Georgia income tax purposes in the same manner as it is classified for federal income tax purposes. A member or an assignee of a member of a limited liability company or foreign limited liability company shall be treated for Georgia income tax purposes as either a resident or nonresident partner in the limited liability company or foreign limited liability company unless classified otherwise for federal income tax purposes, in which case the member or assignee of a member shall have the same status for Georgia income tax purposes as such member or assignee of a member has for federal income tax purposes.
Amended by 2001 Ga. Laws 302, § 4, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1105 - Administrative powers of Secretary of State

The Secretary of State shall have the power and authority reasonably necessary to enable him or her to administer this chapter efficiently and to perform the duties imposed upon him or her pursuant to this chapter, including, without limitation, the power and authority to employ from time to time such additional personnel as in his or her judgment are required for such purposes.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1106 - Rules and regulations

The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, as are incidental to and necessary for the implementation and enforcement of such provisions of this chapter as are administered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1108 - Service of process; venue

(a)
A limited liability company's registered agent is the limited liability company's agent for service of process, notice, or demand required or permitted by law to be served on the limited liability company. If a limited liability company has no registered agent or the agent cannot with reasonable diligence be served, the limited liability company may be served by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to the limited liability company at its principal office. Service is perfected under the immediately preceding sentence at the earliest of:
(1)
The date the limited liability company receives the mail;
(2)
The date shown on the return receipt, if signed on behalf of the limited liability company; or
(3)
Five days after its deposit in the mail, as evidenced by the postmark, if mailed postage prepaid and correctly addressed.
This subsection does not prescribe the only means, or necessarily the required means, of serving a limited liability company.
(b)
Venue in proceedings against a limited liability company or foreign limited liability company shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect on March 1, 1994, or thereafter. For purposes of determining venue, the residence of a limited liability company or foreign limited liability company shall be determined in accordance with Code Section
14-2-510
as though such limited liability company or foreign limited liability company were a corporation.
2023 CODE OF GEORGIA › Title 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (§§ 14-1-101 — 14-11-1109) › Chapter 11 - LIMITED LIABILITY COMPANIES (§§ 14-11-100 — 14-11-1109) › Article 11 - MISCELLANEOUS (§§ 14-11-1101 — 14-11-1109) › Section 14-11-1109 - Effective date; repealer

This chapter shall become effective on March 1, 1994. The provisions of law that became effective on July 1, 1992, and that were codified at Code Sections
14-11-1
through
14-11-19
are hereby repealed. A foreign limited liability company that prior to March 1, 1994, obtained a certificate of authority to transact business in this state is not required to obtain a new certificate of authority by reason of the enactment of this chapter.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-1 - Where judicial power vested

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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-2 - No jurisdiction by consent; waiver of personal jurisdiction

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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-3 - Powers of courts generally

Every court has power:
(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 investigation under its authority;
(3)
To compel obedience to its judgments, orders, and process and to the orders of a judge out of court in an action or proceeding therein;
(4)
To control, in the furtherance of justice, the conduct of its officers and all other persons connected with a judicial proceeding before it, in every matter appertaining thereto;
(5)
To administer oaths in an action or proceeding pending therein and in all other cases when it may be necessary in the exercise of its powers and duties;
(6)
To amend and control its processes and orders, so as to make them conformable to law and justice, and to amend its own records, so as to make them conform to the truth; and
(7)
To correct its own proceedings before final judgment.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-4 - Extent of contempt power

(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)
Misbehavior of any of the officers of the courts in their official transactions;
(3)
Disobedience or resistance by any officer of the courts, party, juror, witness, or other person or persons to any lawful writ, process, order, rule, decree, or command of the courts;
(4)
Violation of subsection (a) of Code Section
34-1-3
, relating to prohibited conduct of employers with respect to employees who are required to attend judicial proceedings; and
(5)
Violation of a court order relating to the televising, videotaping, or motion picture filming of judicial proceedings.
(b)
No person shall be imprisoned for contempt for failing or refusing to pay over money under any order, decree, or judgment of any court of law or any other court of this state when he denies that the money ordered or decreed to be paid over is in his power, custody, or control until he has a trial by jury in accordance with the following provisions:
(1)
The allegation of the plaintiff, receiver, referee, or any other person or persons that the defendant accused of contempt has a certain sum of money within his power, custody, or control, which he is withholding or refuses or fails to pay over, and the denial of the defendant that he has the power, custody, or control of the money shall form the issue to be tried by the jury, and the jury shall decide the issue of fact;
(2)
The issue being made, a bond may be required in the discretion of the court for the appearance of the defendant for trial, which bond shall be of sufficient size to ensure the attendance of the defendant to appear and answer the final judgment or decree in the case and shall be approved by the judge. On failure of the defendant to appear, the bond shall be forfeited as in criminal cases. If bond is required but not posted the defendant may be committed to jail for safekeeping until trial; and
(3)
The judge presiding shall cause questions to be propounded in writing to the jury and every question propounded shall be answered by the jury in its verdict. Upon the answers made, the judge shall adjudge or decree whether the defendant is in contempt. Either party shall have the right to move for a new trial and to appeal as in other civil cases.
(c)
When a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program if such a program has been established by a county pursuant to the provisions of Article 5 of Chapter 3 of Title 42.
Amended by 2015 Ga. Laws 73,§ 5-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-5 - Effect of rules of court

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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-6 - Court's acts not invalid without clerk

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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-7 - Grounds for impeachment

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 favor not enjoyed by the general public from any telephone, telegraph, or express company or like quasi-public corporation. Any violation of this Code section shall be a ground for impeachment.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-8 - When judge or judicial officer disqualified

(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 consanguinity or affinity within the third degree as computed according to the civil law to any party interested in the result of the case or matter; or
(3)
Sit in any case or proceeding in which he has been of counsel, nor in which he has presided in any inferior judicature, when his ruling or decision is the subject of review, without the consent of all parties in interest. In all cases in which the presiding judge of the superior court was employed as counsel before his appointment as judge, he shall preside in such cases if the opposite party or counsel agree in writing that he may preside, unless he declines to do so.
(b)
No judge or Justice of any court, magistrate, nor presiding officer of any inferior judicature or commission shall be disqualified from sitting in any case or proceeding because of the fact that he is a policyholder or is related to a policyholder of any mutual insurance company which has no capital stock.
(c)
Nothing in this Code section shall be construed as applying to the qualifications of trial jurors.
(d)
In all cases in which a part-time judge has a conflict because such judge or his or her partner or associate represents a governmental agency or entity, a subdivision of government, or any other client, the judge will recuse himself or herself or, with the permission of the parties, transfer the case to the state or superior court, but such judge will not otherwise be disqualified or prohibited from serving as attorney for such governmental entities.
Amended by 2016 Ga. Laws 369,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-9 - When judge not disqualified

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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-10 - Removal of court records; storage

(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.
(b)
Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section
15-6-86
or subsection (c) of this Code section.
(c)
With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b) and (c) of Code Section
15-6-62
, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section
15-6-62
,
15-6-62.1
,
15-6-86
, or
15-6-87
.
Amended by 2012 Ga. Laws 599,§ II-2-2, eff. 7/1/2012.
Amended by 2005 Ga. Laws 416,§ 1, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-10.1 - Standards in determining grant of requests for televising, videotaping, or motion picture filming of judicial proceedings

(a)
It is declared to be the purpose and intent of the General Assembly that certain standards be considered by the courts in determining whether to grant requests for the televising, videotaping, or motion picture filming of judicial proceedings. Such standards are intended to provide an evaluation of the impact on the public interest and the rights of the parties in open judicial proceedings, the impact upon the integrity and dignity of the court, and whether the proposed activity would contribute to the enhancement of or detract from the ends of justice.
(b)
In considering a request for the televising, videotaping, or motion picture filming of judicial proceedings, the court shall consider the following factors in determining whether to grant such request:
(1)
The nature of the particular proceeding at issue;
(2)
The consent or objection of the parties or witnesses whose testimony will be presented in the proceedings;
(3)
Whether the proposed coverage will promote increased public access to the courts and openness of judicial proceedings;
(4)
The impact upon the integrity and dignity of the court;
(5)
The impact upon the administration of the court;
(6)
The impact upon due process and the truth finding function of the judicial proceeding;
(7)
Whether the proposed coverage would contribute to the enhancement of or detract from the ends of justice;
(8)
Any special circumstances of the parties, victims, witnesses, or other participants such as the need to protect children or factors involving the safety of participants in the judicial proceeding; and
(9)
Any other factors which the court may determine to be important under the circumstances of the case.
(c)
The court may hear from the parties, witnesses, or other interested persons and from the person or entity requesting coverage during the court's consideration of the factors set forth in this Code section.
(d)
This Code section shall not apply to the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record.
(e)
The court in its discretion may grant requests made under this Code section for all or portions of judicial proceedings.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-11 - Attendance of judges and court personnel at educational programs

(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 become better informed and better qualified relative to the duties of their offices and the more effective administration thereof.
(b)
The expense incurred in connection with the attendance at such institutes, seminars, conferences, and other programs shall be a proper expenditure of public funds. Any such person, prior to attendance at any of the above, must obtain approval therefor from the governing authority of any county or municipality located in whole or in part within the jurisdiction of the court to which the applicant is attached. When approval has been received, the expense of attendance shall be paid out of the public funds of such county or municipality or out of the funds provided for the operation of the court involved, upon the proper itemized expense voucher's being submitted.
(c)
This Code section shall be cumulative of other provisions of law and shall not be construed as repealing, restricting, or limiting alternative provisions for accomplishing the same purpose.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-12 - Compensation of probate court judges and superior court clerks for certain services

(a)
The judges of the probate court who by law are vested with the management of the county business and for whom no compensation is provided and the clerks of the superior courts, for public services in relation to which no compensation is provided by law, shall be compensated in accordance with this Code section.
(b)
Such officers shall state their respective claims in writing and make an affidavit to the correctness and justice thereof. After the services are rendered, the claims so made out and verified shall be submitted to the grand juries of their respective counties at any regular term at which a grand jury is impaneled, provided that, if the statement is not submitted at that term or at the next succeeding term at which a grand jury is impaneled, such claim for services shall be barred. The grand juries may in their discretion require other proof of the justness and correctness of such claims and, when satisfied that the claims are just and correct, may allow the sum claimed or so much thereof as they may deem right and proper. When allowed, the judge of the probate court of the county or other authority levying county taxes shall assess so much with the other county taxes as will pay the same, which, when collected and paid over to the county treasurer of such county, shall be paid to the parties without further order, he taking a proper receipt therefor.
(c)
The compensation provided for in this Code section shall be in full compensation of such officers for such services.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-13 - Prior removal from judicial office as affecting qualification for judicial office

(a)
In addition to any other qualification for judicial office, if a person has been removed from any judicial office upon order of the Supreme Court after review, that person shall not be eligible to be elected or appointed to any judicial office in this state until seven years have elapsed from the time of such removal.
(b)
This Code section shall not apply with respect to any removal from office in which the order of the Supreme Court was entered prior to April 9, 1996.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-14 - Rules and requirements for foreign language and hearing impaired interpreters

(a)
The Supreme Court of Georgia shall establish rules and requirements for foreign language interpreters and interpreters for the hearing impaired utilized in the courts of this state and provide for the administration and enforcement of such rules. The Administrative Office of the Courts shall administer such rules, requirements, and enforcement.
(b)
The Supreme Court may establish fees to be paid by persons desiring certification to cover the costs of certifying, regulating, and training court qualified interpreters.
(c)
The Supreme Court may enter into and participate in the Consortium for Language Access in the Courts and in other similar multistate agreements and cooperative programs for the training, testing, and certification of interpreters. Such consortia, multistate agreements, and cooperative programs may:
(1)
Utilize the auspices and services of the National Center for State Courts;
(2)
Provide for the common development, sharing, and distribution of tests, standards, educational materials, and programs and related work, and further provide for the copyright and other protection of intellectual property;
(3)
Charge fees for membership and other services and retain funds;
(4)
Provide for governance and management; and
(5)
Perform such other services and functions as may be reasonably related to such purposes and functions.
Amended by 2011 Ga. Laws 52,§; 20, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-18 - Council of Accountability Court Judges of Georgia; creation; membership; funding; support

(a)
As used in this Code section, the term:
(1)
"Accountability court" means a superior, state, or juvenile court that has a drug court division, mental health court division, veterans court division, juvenile treatment court division, operating under the influence court division, or a juvenile court that has a family treatment court division.
(2)
"Council" means the Council of Accountability Court Judges of Georgia.
(b)
There is created an accountability court judges' council to be known as the "Council of Accountability Court Judges of Georgia." Such council shall be composed of the judges, senior judges, and judges emeriti of the accountability courts of this state.
(c)
The council shall be authorized to organize itself and to develop a constitution and bylaws. The council shall promulgate rules and regulations as it deems necessary. The council shall annually elect a chairperson from among its membership. The council may appoint such committees as it considers necessary to carry out its duties and responsibilities, including appointing judges serving in other courts to serve in an advisory capacity to the council.
(d)
It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law and to further the improvement of accountability courts, the quality and expertise of the judges thereof, and the administration of justice.
(e)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for such purpose, or from other appropriate sources. The council shall be authorized to accept and use gifts, grants, and donations for the purposes of carrying out this Code section. The council shall be authorized to accept and use property, both real and personal, and services for the purposes of carrying out this Code section.
(f)
The Criminal Justice Coordinating Council shall provide technical services to the council and shall assist the council in complying with all its legal requirements.
(g)
The Administrative Office of the Courts shall provide the council with office space and administrative support, including staff for record keeping, reporting, and related administrative and clerical functions.
(h)
Appropriations to the Administrative Office of the Courts for functions transferred to the Criminal Justice Coordinating Council pursuant to this Code section shall be transferred as provided in Code Section
45-12-90
. Personnel previously employed by the Administrative Office of the Courts and equipment and facilities of the Administrative Office of the Courts shall likewise be transferred to the Criminal Justice Coordinating Council. Such transfers shall be as determined by the director of the Administrative Office of the Courts.
Amended by 2024 Ga. Laws 576,§ 1, eff. 7/1/2024.
Amended by 2016 Ga. Laws 460,§ 1-1, eff. 7/1/2016.
Added by 2015 Ga. Laws 74,§ 5-4, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-20 - Definitions; restrictions on dissemination of criminal history record information; conditions under which inspection, copying, and use of restricted criminal history record information available

(a)
As used in this Code section, the term:
(1)
"Accountability court" means a superior or state court that has a drug court division, mental health court division, or veterans court division or a juvenile court that has a family treatment court division.
(2)
"Criminal history record information" shall have the same meaning as set forth in Code Section
35-3-30
.
(3)
"Criminal justice agencies" shall have the same meaning as set forth in Code Section
35-3-30
.
(4)
"Restrict," "restricted," or "restriction" means that criminal history record information shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section
35-3-34
or to governmental agencies or licensing and regulating agencies pursuant to Code Section
35-3-35
.
(b)
When a case is assigned to an accountability court and the defendant is required to complete a drug court division program, mental health court division program, veterans court division program, or family treatment court division program, as applicable, prior to the entry of the judgment, in contemplation that the defendant's case will be dismissed or nolle prossed, the court may, in its discretion, restrict the dissemination of the defendant's criminal history record information by the Georgia Crime Information Center for the prosecution of the case assigned to such court. The court shall specify the date such restriction shall take effect. The court may revoke such order at any time.
(c)
(1)
Criminal history record information restricted pursuant to this Code section shall always be available for inspection, copying, and use:
(A)
To criminal justice agencies for law enforcement or criminal investigative purposes or for purposes of criminal justice agency employment;
(B)
To judicial officials;
(C)
By the Judicial Qualifications Commission;
(D)
By a prosecuting attorney or public defender who submits a sworn affidavit to the clerk of court that attests that such information is relevant to a criminal proceeding;
(E)
Pursuant to a court order; and
(F)
By an individual who is the subject of restricted criminal history record information upon court order.
(2)
The confidentiality of such information shall be maintained insofar as practical.
Added by 2016 Ga. Laws 460,§ 1-3, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-22 - Exclusive agreement for electronic filing service prohibited

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 clerk of court to enter into more than one agreement or contract with an electronic service provider.
Added by 2018 Ga. Laws 416,§ 1A-2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 1 - GENERAL PROVISIONS (§§ 15-1-1 — 15-1-23) › Section 15-1-23 - Grant program for accountability courts serving mental health and substance use disorder population; technical assistance

(a)
As used in this Code section, the term "accountability court" has the same meaning as in Code Section
15-1-18
.
(b)
Subject to appropriations, the Criminal Justice Coordinating Council shall establish a grant program for the provision of funds to accountability courts that serve the mental health and co-occurring substance use disorder population to facilitate the implementation of trauma-informed treatment.
(c)
The Criminal Justice Coordinating Council shall designate an employee to provide technical assistance to accountability courts. Such technical assistance shall include, but not be limited to, assistance interpreting data analysis reports to better identify and serve the mental health population.
Added by 2022 Ga. Laws 587,§ 4-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 2 - SUPREME COURT (§§ 15-2-1 — 15-2-47) › Article 1 - GENERAL PROVISIONS (§§ 15-2-1 — 15-2-25) › Section 15-2-1 - One supreme judicial district

The entire state shall constitute one supreme judicial district.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 2 - SUPREME COURT (§§ 15-2-1 — 15-2-47) › Article 1 - GENERAL PROVISIONS (§§ 15-2-1 — 15-2-25) › Section 15-2-1.1 - Number of Justices

The Supreme Court shall consist of nine Justices.
Amended by 2016 Ga. Laws 626,§ 4-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 2 - SUPREME COURT (§§ 15-2-1 — 15-2-47) › Article 1 - GENERAL PROVISIONS (§§ 15-2-1 — 15-2-25) › Section 15-2-2 - When Justice providentially prevented from attending

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 the absent Justice or Justices of the Supreme Court.