2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 3 - SUPERIOR AND STATE COURT APPELLATE PRACTICE (§§ 5-3-1 — 5-3-21) › Section 5-3-3 - Definitions

As used in this chapter, the term:
(1)
"Article 6 probate court" means a probate court with expanded jurisdiction as provided in Article 6 of Chapter 9 of Title 15.
(2)
"Clerk" means a clerk of court or an individual who acts as the functional equivalent of a clerk of court if a lower judicatory does not have an official clerk of court.
(3)
"Decision" means any formal or informal adjudication, decision, determination, judgment, order, ruling, or other act of a judicatory that is judicial or quasi-judicial in nature.
(4)
"Final judgment" means a decision of a lower judicatory in a case that is no longer pending in a lower judicatory in which a petitioner has:
(A)
Exhausted all appeals or administrative remedies available in the lower judicatory; and
(B)
Satisfied all conditions precedent to appeal provided by law, including, but not limited to, the conditions provided for in Code Section
33-2-26
.
(5)
"Judicatory" means any court, official, board, tribunal, commission, municipal or county authority, council, or similar body exercising judicial or quasi-judicial powers authorized by law. The term 'judicatory' shall include an arbitrator, administrative law judge, mediator, or similar adjudicator authorized by law to act on behalf or at the request of any public official or body.
(6)
"Lower judicatory" means any judicatory:
(A)
Inferior in authority to the superior and state courts; and
(B)
Subject to the appellate jurisdiction of the superior or state courts as provided by the laws and the Constitution of this state.
(7)
"Perfect" or "perfected" means to take all legal steps needed to complete service of process.
(8)
"Person" means an individual, corporation, association, partnership, other organization, or other entity.
(9)
"Petition for review" means any request for review of a final judgment filed in a reviewing court by a petitioner, including, but not limited to, any request for review formerly titled as a petition for writ of certiorari, petition for writ of mandamus, petition for writ of prohibition, or notice of appeal.
(10)
"Reporting" shall have the same meaning as the term "court reporting" as defined in paragraph (4) of Code Section
15-14-22
.
(11)
"Respondent" means a person who is adverse to the petitioner and a party to the dispute underlying the final judgment rendered by the lower judicatory. Except for reasons other than having rendered the final judgment under review, the term 'respondent' shall not include any judge, official, or member of the lower judicatory that rendered the final judgment under review. If there is no party adverse to the petitioner, the respondent shall be:
(A)
For quasi-judicial decisions rendered by a state official, board, tribunal, commission, authority, council, or similar body, the State of Georgia;
(B)
For quasi-judicial decisions rendered by a municipal official, board, tribunal, commission, authority, council, or similar body, the corresponding municipality; and
(C)
For quasi-judicial decisions rendered by a county or local school system official, board, tribunal, commission, authority, council, or similar body, the corresponding county or local school system.
(12)
"Reviewing court" means a superior or state court reviewing a final judgment pursuant to this chapter.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Added by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Repealed by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023.