reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 13 - HUMANE CARE FOR EQUINES (§§ 4-13-1 — 4-13-10) › Section 4-13-4 - Inspection warrants; impoundment authorized; examination

(a)
At any time there is cause to believe that a violation of Code Section
4-13-3
has occurred, the Commissioner of Agriculture or his designated agent may apply to the appropriate court in the county in which the equine is located for an inspection warrant under the provisions of Code Section
2-2-11
or any sheriff, deputy sheriff, or other law enforcement officer may apply for a search warrant for the purpose of inspecting any equine found on such property to determine if a violation of Code Section
4-13-3
has occurred.
(b)
The Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer is authorized to impound any equine which has not been furnished with adequate food and water, which has not received humane care, or which has been subjected to cruelty in violation of Code Section
4-13-3
. Such determination as to the condition or treatment of the equine shall be made by a licensed veterinarian employed by the state or federal government following an examination conducted at the request of the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 13 - HUMANE CARE FOR EQUINES (§§ 4-13-1 — 4-13-10) › Section 4-13-5 - Duty to care for impounded equines; lien; return to owner

(a)
It shall be the duty of any person designated for impounding an equine under Code Section
4-13-4
to make reasonable and proper arrangements to provide the impounded equine with adequate and necessary shelter, food, water, veterinary services, and humane care and to take such actions as to ensure the survival of the equine or the humane euthanasia of the equine and disposal thereof if such actions are necessary. Such arrangements may include, but shall not be limited to, providing shelter and care for the equine at any state, federal, county, municipal, or governmental facility or shelter, contracting with a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care for a reasonable fee, or allowing a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care as a volunteer and at no cost. Any person impounding an equine under this chapter or providing care for an impounded equine shall have a lien on such equine for the reasonable costs of caring for such equine.
(b)
The lien acquired under subsection (a) of this Code section may be foreclosed in any court of competent jurisdiction to hear civil cases. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
(c)
Any person impounding an equine under this chapter is authorized to return the equine to its owner upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order or receiving written assurances:
(1)
That such equine will be given humane care, adequate food and water, adequate shelter, and veterinary services;
(2)
That such equine will not be subjected to cruelty; and
(3)
That the owner will comply with this chapter.
Amended by 2016 Ga. Laws 348,§ 7, eff. 4/26/2016.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 13 - HUMANE CARE FOR EQUINES (§§ 4-13-1 — 4-13-10) › Section 4-13-6 - Notice of impoundment

It shall be the duty of any person impounding an equine under this chapter to notify the owner of such equine immediately upon impoundment. Such notice shall state the name and address of the person impounding the equine, the location where the equine is being held, and a description of the equine. If the owner of such equine is unknown or cannot be found, service of the notice on the owner shall be obtained by publishing a notice once in a newspaper of general circulation where the equine is impounded.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 13 - HUMANE CARE FOR EQUINES (§§ 4-13-1 — 4-13-10) › Section 4-13-7 - Disposal of equine by sale or euthanasia

If the owner of the equine cannot be found, if the owner refuses to enter into a consent order or to provide a written assurance that such equine will be given humane care and adequate food, water, shelter, and veterinary care, or if the owner fails to comply with this chapter after having entered into a consent order or having given a written assurance on a previous occasion, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer may dispose of the equine through sale at a public auction or by sealed bids or, if such equine is in a physical condition such that euthanasia is the only reasonable course of action, by humanely disposing of the equine. Prior to disposing of an equine through sale or euthanasia, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer shall make a reasonable effort to locate the owner and, if the owner cannot be located after reasonable effort, the sale or euthanasia may proceed. Any proceeds from the sale of such equine shall be used first to pay the costs of care given the equine and any funds remaining shall be paid into the state treasury if the equine was impounded by the Commissioner or his designated agent or into the county treasury if the equine was impounded by the sheriff, a deputy sheriff, or other law enforcement officer.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 13 - HUMANE CARE FOR EQUINES (§§ 4-13-1 — 4-13-10) › Section 4-13-8 - Injunctive relief

In addition to the remedies provided in this chapter or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this chapter or any rules and regulations promulgated under this chapter. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 13 - HUMANE CARE FOR EQUINES (§§ 4-13-1 — 4-13-10) › Section 4-13-9 - Rules and regulations

The Commissioner is authorized to promulgate and adopt rules and regulations necessary or appropriate to carry out this chapter.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 13 - HUMANE CARE FOR EQUINES (§§ 4-13-1 — 4-13-10) › Section 4-13-10 - Penalty for violation of chapter

Except as otherwise provided in Code Section
16-12-4
or
16-12-37
, any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 14 - STERILIZATION OF DOGS AND CATS IN SHELTERS (§§ 4-14-1 — 4-14-5) › Section 4-14-1 - Legislative findings and policy

The General Assembly finds that the breeding of dogs and cats acquired from public or private animal shelters, animal control agencies operated by political subdivisions of this state, humane societies, or public or private animal refuges in the State of Georgia results in the birth of thousands of animals who become strays, suffer privation and death, constitute a public nuisance and health hazard, and, ultimately, are impounded and destroyed at great public expense. It is therefore declared to be the public policy of this state that preventing the breeding of dogs and cats acquired from such shelters, animal control agencies, humane societies, or public or private animal refuges be encouraged.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 14 - STERILIZATION OF DOGS AND CATS IN SHELTERS (§§ 4-14-1 — 4-14-5) › Section 4-14-2 - Definitions

As used in this chapter, the term:
(1)
"Animal shelter" means any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.
(2)
"Humane society" means any unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals.
(3)
"Public or private animal refuge" means harborers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats.
(4)
"Sexually mature animal" means any dog or cat that has reached the age of 180 days or six months or more.
(5)
"Sterilization" means rendering a dog or cat unable to reproduce by the surgical removal of its reproductive organs or by rendering a dog unable to reproduce by intratesticular injection approved by the federal government pursuant to
21 U.S.C. Section 360
as of March 7, 2014.
Amended by 2014 Ga. Laws 554,§ 4, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 14 - STERILIZATION OF DOGS AND CATS IN SHELTERS (§§ 4-14-1 — 4-14-5) › Section 4-14-3 - Sterilization of dogs and cats required; exceptions; costs

(a)
Any public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from such shelter, agency, society, or refuge by:
(1)
Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or
(2)
Entering into a written agreement with the person acquiring such animal guaranteeing that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of such animal in the case of an adult animal or within 30 days of the sexual maturity of the animal in the case of an immature animal;
provided, however, that the requirements of this Code section shall not apply to any privately owned animal which any such shelter, agency, society, or refuge may have in its possession for any reason if the owner of such animal claims or presents evidence that such animal is the property of such person.
(b)
All costs of sterilization pursuant to this Code section shall be the responsibility of the person acquiring such animal and, if performed prior to acquisition, may be included in any fees charged by the shelter, agency, society, or refuge for such animal.
(c)
Any person acquiring an animal from a public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge, which animal is not sterile at the time of acquisition, shall submit to the animal shelter, animal control agency, humane society, or public or private animal refuge a signed statement from the licensed veterinarian performing the sterilization required by paragraph (2) of subsection (a) of this Code section within seven days after such sterilization attesting that such sterilization has been performed.
(d)
Every public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge selling or offering for sale or exchange any dog or cat shall maintain and furnish to any person acquiring an animal from such shelter, agency, society, or refuge a current list of veterinarians licensed in this state who have notified the shelter, agency, society, or refuge that they are willing to perform sterilizations and the cost for such procedures.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 14 - STERILIZATION OF DOGS AND CATS IN SHELTERS (§§ 4-14-1 — 4-14-5) › Section 4-14-4 - Penalty for noncompliance

It shall be a misdemeanor to fail or refuse to comply with the requirements of Code Section
4-14-3
and any person convicted of said misdemeanor shall be subject to a fine not to exceed $200.00.
2023 CODE OF GEORGIA › Title 4 - ANIMALS (§§ 4-1-1 — 4-15-1) › Chapter 14 - STERILIZATION OF DOGS AND CATS IN SHELTERS (§§ 4-14-1 — 4-14-5) › Section 4-14-5 - Adoption of stricter shelter policies

This chapter shall not prohibit the adoption by any political subdivision of this state of shelter policies which are more stringent than the requirements of this chapter.
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 5-3-1 - Short title

This chapter shall be known and may be cited as the "Superior and State Court Appellate Practice Act."
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.
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 5-3-2 - Legislative findings and intent

(a)
The General Assembly finds that many appeals from a lower judicatory to a superior or state court result in dismissal on complex procedural grounds and not a decision on the merits.
(b)
It is the intent of the General Assembly in enacting this chapter to:
(1)
Provide a single, modern, and uniform procedure called a "petition for review" for appealing a decision made by a lower judicatory to a superior or state court, as authorized by the laws and the Constitution of this state;
(2)
Increase access to justice through the greater resolution of appeals on the basis of substantive issues rather than on complex procedural grounds; and
(3)
Retain the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.
(c)
Consistent with the laws and the Constitutions of Georgia and the United States, the courts shall:
(1)
Construe the provisions of this chapter broadly so as to render decisions based on the merits of each case and avoid dismissal of any case or refusal to consider any points raised therein unless such dismissal or refusal is expressly required by statute;
(2)
Construe any petition for review filed under this chapter according to its substance, merit, and function and not merely its style, form, or title; and
(3)
Not construe this chapter to expand the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.
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.
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 5-3-4 - [See Note] Jurisdiction (§ 5-3-4) › 1

(a)
Except as provided in subsection (b) of this Code section, the superior and state courts shall have appellate jurisdiction pursuant to this chapter over a final judgment of a lower judicatory.
(b)
The superior courts shall not have appellate jurisdiction pursuant to this chapter over any state court. The state courts shall not have appellate jurisdiction pursuant to this chapter over any superior court. In addition, neither a superior court nor a state court shall have appellate jurisdiction pursuant to this chapter over the following courts or matters:
(1)
Juvenile courts;
(2)
The Municipal Court of Columbus;
(3)
The Civil Court of Macon-Bibb County;
(4)
The Civil Court of Richmond County;
(5)
The Georgia State-wide Business Court;
(6)
A civil case in an Article 6 probate court;
(7)
An order appointing a temporary administrator or any other order not appealable from a probate court subject to this chapter; and
(8)
Any other court from which an appeal directly to the Court of Appeals or the Supreme Court is authorized.
(c)
Except as provided in subsection (g) of Code Section
5-3-17
, this chapter shall preempt any local law or any locally enacted law, ordinance, regulation, rule, or procedure in conflict with this chapter governing an appeal of a final judgment to a reviewing court.
Amended by 2024 Ga. Laws 424,§ 1, eff. 4/22/2024.
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.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Repealed by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023.
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 5-3-4 - [See Note] Jurisdiction (§ 5-3-4) › 2

(a)
Except as provided in subsection (b) of this Code section, the superior and state courts shall have appellate jurisdiction pursuant to this chapter over a final judgment of a lower judicatory.
(b)
The superior courts shall not have appellate jurisdiction pursuant to this chapter over any state court. The state courts shall not have appellate jurisdiction pursuant to this chapter over any superior court. In addition, neither a superior court nor a state court shall have appellate jurisdiction pursuant to this chapter over the following courts or matters:
(1)
Juvenile courts;
(2)
The Municipal Court of Columbus;
(3)
The Civil Court of Macon-Bibb County;
(4)
The Civil Court of Richmond County;
(5)
The Georgia State-wide Business Court;
(6)
The Georgia Tax Court;
(7)
A civil case in an Article 6 probate court;
(8)
An order appointing a temporary administrator or any other order not appealable from a probate court subject to this chapter; and
(9)
Any other court from which an appeal directly to the Court of Appeals or the Supreme Court is authorized.
(c)
Except as provided in subsection (g) of Code Section
5-3-17
, this chapter shall preempt any local law or any locally enacted law, ordinance, regulation, rule, or procedure in conflict with this chapter governing an appeal of a final judgment to a reviewing court.
Amended by 2024 Ga. Laws 601,§ 2-1, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2024 Ga. Laws 424,§ 1, eff. 4/22/2024.
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.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Repealed by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023.
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 5-3-5 - Obligations of court; de novo proceedings; jury trials

(a)
Except as provided in subsection (b) of this Code section or otherwise provided by law, a reviewing court shall:
(1)
Review only matters raised in the record of the proceeding in the lower judicatory;
(2)
Accept the findings of fact and credibility of the lower judicatory unless they are clearly erroneous;
(3)
Accept a decision regarding an issue within the sound discretion of the lower judicatory unless such a decision was an abuse of discretion;
(4)
Determine whether the final judgment was sustained by sufficient evidence; and
(5)
Review questions of law de novo.
(b)
A reviewing court shall conduct a de novo proceeding under this chapter if a de novo proceeding is specified by law. Cases reviewed under this subsection shall be heard by the reviewing court without a jury unless a jury trial is ordered by the reviewing court and authorized by law.
(c)
A demand for a jury trial under this chapter shall be filed in the reviewing court within 30 days after filing a petition for review.
(d)
Except for convictions under Article 2 of Chapter 13 of Title 40, the review of any appealable final judgment of a probate court subject to this chapter shall be a de novo proceeding with the right to a jury trial if demanded.
Amended by 2024 Ga. Laws 424,§ 2, eff. 4/22/2024.
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.
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 5-3-6 - Petitioning for review

(a)
A petitioner invokes the appellate jurisdiction of a reviewing court under this chapter by filing a petition for review with the clerk of the reviewing court.
(b)
The consent of the lower judicatory shall not be required for the filing of a petition for review.
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.
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 5-3-8 - Filing of response; timing; amendment; service

(a)
The respondent shall file a response to a petition for review with the reviewing court within 30 days after being served with a copy of the petition for review. If a de novo proceeding is required as specified in subsection (b) of Code Section
5-3-5
, the response shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the respondent.
(b)
A cross appeal or counterclaim shall not require a response, unless one is required by order of the court, and shall automatically stand denied.
(c)
A reply, if any, shall be filed by the petitioner within 30 days after being served with a copy of the respondent's response. If a de novo proceeding is required as provided in subsection (b) of Code Section
5-3-5
, the petitioner's reply shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the petitioner.
(d)
A party may amend a petition for review, response, or reply under this chapter as a matter of course and without leave of the reviewing court at any time before the entry of a pretrial order or before a hearing on the merits is held by the reviewing court, whichever shall first occur. Thereafter, a party may amend a petition for review, response, or reply only by leave of the reviewing court or by written consent of each adverse party. Such leave shall be freely given by the reviewing court if justice so requires.
(e)
A party shall serve a copy of any pleading filed with the reviewing court on all parties to the proceeding.
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.
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 5-3-9 - Management of court proceedings

(a)
The reviewing court may issue such orders and writs as may be necessary to aid in its jurisdiction and manage court proceedings under this chapter.
(b)
The reviewing court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious review of a petition for review.
(c)
After a petition for review is filed in the reviewing court, the reviewing court shall:
(1)
Establish filing deadlines for any necessary documents; and
(2)
Schedule any necessary proceedings or hearings.
(d)
If there is more than one party plaintiff or party defendant in the case before the lower judicatory, any one or more of such parties may file a petition for review pursuant to this chapter regardless of whether other parties join in or consent to such petition for review; provided, however, that upon appeal, all parties in the case before the lower judicatory shall be bound by the final decision of the reviewing court; and provided, further, that, if damages are awarded upon such appeal, the damages shall only be recovered against the party appealing and the appealing party's security, if any, and not against a party failing or refusing to appeal.
(e)
The monetary limitation provided for in paragraph (5) of subsection (a) of Code Section
15-10-2
shall not apply to any decision rendered by the reviewing court under this chapter.
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.
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 5-3-10 - Manner for service of process

(a)
Except as otherwise provided by law, service of process under this chapter shall be made in the following manner:
(1)
A party's attorney or agent authorized to receive service shall be served with any document, unless:
(A)
Direct service on a party is ordered by the reviewing court; or
(B)
A specific manner of service is otherwise required by law;
(2)
Service of any document shall be made in person, by mail, or electronically if consent to electronic service is given as provided in subsection (b) of this Code section;
(3)
Proof of service shall be shown by:
(A)
Acknowledgment of the attorney or party served; or
(B)
A certificate of service from the attorney, party, or other person perfecting service;
(4)
The certificate of service provided for in this subsection shall:
(A)
Be attached to the original of the document to be served;
(B)
Be taken as prima-facie proof of service; and
(C)
Read substantially as follows: "I do certify that (
number of copies
) of the attached document(s) have been furnished to (
name of party served
) by (
delivery, mail, or email
) on (
date delivered, mailed, or emailed
)";
(5)
Service of any document may be perfected either before or after filing such service with the clerk. If service is made by mail, it shall be deemed perfected on the day it was deposited in the mail. If service is perfected by mail, three days shall be added to any deadline required for a response, to allow for mailing;
(6)
If the address of any party is unknown and the party is not represented by an attorney of record, service may be perfected on the party by mail directed to the last known address of the party; and
(7)
Service may be waived or acknowledged either before or after filing.
(b)
A person may consent to being served with pleadings electronically in a petition for review as provided for in subsection (f) of Code Section
9-11-5
.
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.
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 5-3-11 - Extension of filing deadlines

(a)
Any party requesting a filing deadline extension from the reviewing court shall do so before the expiration of the existing filing period in effect, whether prescribed or extended.
(b)
The reviewing court shall only grant one filing deadline extension not to exceed 30 days for the filing of a petition for review under subsection (b) of Code Section
5-3-7
. The reviewing court may grant such filing deadline extensions for other documents as may be necessary to permit a just and expeditious review of a petition for review.
(c)
The clerk of the reviewing court shall promptly serve all parties and the clerk of the lower judicatory with a copy of:
(1)
Any extension granted under this Code section; and
(2)
The corresponding motion filed to request such extension.
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.
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 5-3-12 - Requirements for dismissal by reviewing court

(a)
Except for a final decision on the merits, a reviewing court shall not dismiss a petition for review unless the reviewing court finds one or more of the following:
(1)
The petition for review was not filed within the time prescribed or extended;
(2)
The reviewing court lacks jurisdiction;
(3)
The question presented by the petitioner is moot;
(4)
The absence of a justiciable controversy;
(5)
The failure of a petitioner to prosecute; or
(6)
The failure of a petitioner to comply with the provisions of this chapter or any court rule or order.
(b)
The reviewing court shall not immediately dismiss a petition for review because of any defect in the petition for review, bond, or affidavit of indigence, or because of the failure of the lower judicatory to transmit any document.
(c)
The reviewing court shall give the petitioner a reasonable opportunity to amend a petition for review, bond, or affidavit of indigence for the purpose of curing any defect. The reviewing court may impose such filing deadlines for amendments under this subsection as may be necessary to permit a just and expeditious review of a petition for review.
(d)
The reviewing court shall not immediately dismiss a petition for review for failure to perfect service on any party if the party obligated to perfect service shows due diligence in attempting to timely perfect service.
(e)
The consent of all parties shall be required for voluntary dismissal of a petition for review if:
(1)
The appeal is a de novo proceeding and a counterclaim is pending; or
(2)
A motion for relief under Code Section
9-15-14
is pending.
Amended by 2024 Ga. Laws 424,§ 3, eff. 4/22/2024.
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.
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 5-3-13 - Filings in court with appropriate venue and jurisdiction; transfers

(a)
A petitioner shall file a petition for review in the superior or state court where venue and jurisdiction are proper as prescribed by the laws and the Constitution of this state.
(b)
Upon a finding by a lower judicatory, a reviewing court, the Court of Appeals, or the Supreme Court that venue is improper or jurisdiction is lacking for any petition for review, the clerk of the applicable court shall promptly transfer a petition for review to a court where venue and jurisdiction are proper in accordance with the rules and procedures applicable to the transferring court.
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.
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 5-3-15 - Transmittal of court records to reviewing court; petitions; orders

(a)
Upon being served with a copy of the petition for review and unless otherwise ordered by the reviewing court, the clerk of the lower judicatory shall retain the original of the corresponding record and transmit a true copy of the record to the reviewing court within 30 days, or within fewer days if otherwise required by law, after the copy of the petition for review is served on the clerk of the lower judicatory.
(b)
If known or reasonably believed to be the case, the clerk in the lower judicatory shall notify the reviewing court if a petitioner in a criminal case is confined in jail or otherwise incarcerated at the time the record is transmitted from the lower judicatory. Such notice shall accompany the record transmitted from the lower judicatory.
(c)
If no record is available for transmission to the reviewing court, the clerk of the lower judicatory shall notify the lower judicatory accordingly so that further action may be taken pursuant to this chapter.
(d)
If the clerk of the lower judicatory does not transmit the record to the reviewing court within 30 days after being served with a copy of the petition for review, the petitioner shall notify the reviewing court, which then shall order the clerk of the lower judicatory to promptly transmit the record or state the reason for the delay.
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.
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 5-3-16 - Payment of costs; affidavit of indigency

(a)
The payment of all costs accrued in a lower judicatory shall not be required in order to file a petition for review under this chapter.
(b)
Except to the extent prohibited by law, no petition for review shall be heard in a reviewing court unless the petitioner:
(1)
Pays all unpaid costs owed to the lower judicatory within 30 days after receiving notice of such costs; or
(2)
Files an affidavit of indigence with the reviewing court stating that the petitioner is unable to pay the costs owed to the lower judicatory because of indigence.
(c)
No appeal shall be dismissed by a reviewing court because of nonpayment of the costs owed to a lower judicatory unless the petitioner has been ordered by the reviewing court to pay such costs and has failed to comply with such order.
(d)
An executor, administrator of an estate, or other trustee, when defending an action in such capacity or when solely defending an estate's title, may file a petition for review without paying costs as required by this Code section and without giving a bond and security as provided in Code Section
5-3-17
; provided, however, that, if a judgment is obtained against an executor, administrator of an estate, or other trustee and not the assets of the estate, then the executor, administrator of an estate, or other trustee shall pay such costs as required by this Code section and give security if required under Code Section
5-3-17
.
(e)
Unless the petitioner in a civil case files an affidavit of indigence with the reviewing court stating that the petitioner is unable to pay the costs owed to the lower judicatory because of indigence, the petitioner in a civil case shall obtain and file with the reviewing court a certificate of payment of costs from the lower judicatory certifying that the petitioner has paid all costs owed to the lower judicatory. Such certificate shall be:
(1)
Filed in the reviewing court within five days after issuance by the lower judicatory; and
(2)
Signed by a judge, clerk, official, member, or other designated representative of the lower judicatory.
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.
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 5-3-18 - Final decision by reviewing court; service; appeals

(a)
(1)
After a petition for review is reviewed under this chapter, the reviewing court shall render a final decision:
(A)
Entering a judgment upon the petition for review;
(B)
Ordering dismissal of the petition for review;
(C)
Remanding a petition for review back to the lower judicatory with instructions; or
(D)
A combination thereof.
(2)
If the final decision rendered pursuant to this Code section is a judgment upon the petition for review, it shall be in writing and specify whether the reviewing court is affirming, reversing, or vacating the final judgment of the lower judicatory.
(3)
If the final decision rendered pursuant to this Code section remands the petition for review back to the lower judicatory, it shall provide instructions to the lower judicatory for further proceedings.
(b)
The clerk of the reviewing court shall serve a copy of the reviewing court's final decision regarding a petition for review on the clerk of the lower judicatory and on all parties named in the petition for review within five days after the date such decision was rendered. The clerk of the lower judicatory shall promptly notify each judge, official, or member of the lower judicatory who rendered the final judgment appealed of any final decision served on the clerk of the lower judicatory. If the lower judicatory does not have a clerk, then the clerk of the reviewing court shall serve a copy of the reviewing court's final decision on each judge, official, or member of the lower judicatory who rendered the final judgment appealed.
(c)
A final decision by the reviewing court under this chapter may be appealed to the appropriate appellate court as prescribed by law.
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.
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 5-3-19 - Status after dismissal or withdrawal of petition for review

(a)
If a petition for review is dismissed or withdrawn pursuant to this chapter, the rights of all parties shall be the same as if no appeal had been filed. Notwithstanding any other provision of law, the dismissal or withdrawal of a petition for review under this chapter shall:
(1)
Dismiss the petition for review;
(2)
Not dismiss the petitioner's underlying case from the lower judicatory or vacate the final judgment of the lower judicatory; and
(3)
Reinstate the final judgment of the lower judicatory as if the petition for review had not been filed.
(b)
This Code section shall apply to all cases appealed under this chapter regardless of the standard of review applied under Code Section
5-3-5
.
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.
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 5-3-20 - Attorney's fees and expenses

Reasonable and necessary attorney's fees and expenses of litigation may be assessed for frivolous actions or defenses in a petition for review as provided in Code Section
9-15-14
.
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.
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 5-3-21 - Awarding of costs; entering of judgments

(a)
If a petition for review is sustained and a final decision regarding the case is made by the reviewing court, the petitioner may have judgment entered for the sum recovered by the petitioner in the lower judicatory, the costs paid to obtain the petition for review, and the costs in the reviewing court.
(b)
If a petition for review is returned to the lower judicatory for a new hearing, the petitioner shall have judgment entered for the costs in the reviewing court only, leaving the costs paid to obtain the petition for review to be awarded upon the final judgment of the lower judicatory after the new hearing.
(c)
If a petition for review is dismissed and a final decision regarding the case is made by the reviewing court, the respondent in a petition for review may have judgment entered in the reviewing court against the petitioner and the petitioner's security for the sum recovered by the respondent, together with the costs in the reviewing court.
(d)
If a petition for review is returned to the lower judicatory and the lower judicatory decides the case in favor of the respondent, then the security on the petition for review bond shall be included in the lower judicatory's final judgment.
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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-1 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-2 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-3 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-5 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-6 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-7 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-8 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-9 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-10 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-11 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-12 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-13 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-14 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-15 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-16 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-17 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-18 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-19 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 4 - [REPEALED] CERTIORARI TO SUPERIOR COURT (§§ 5-4-1 — 5-4-20) › Section 5-4-20 - [Repealed]

Repealed by 2022 Ga. Laws 875,§ 1-2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 1 - GENERAL PROVISIONS (§ 5-5-1) › Section 5-5-1 - [See Note] Power of probate, superior, state, juvenile, State-wide Business, and City of Atlanta courts (§ 5-5-1) › 1

(a)
The superior, state, and juvenile courts, the Georgia State-wide Business Court, and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.
(b)
Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts.
Amended by 2019 Ga. Laws 271,§ 2-1, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 1 - GENERAL PROVISIONS (§ 5-5-1) › Section 5-5-1 - [See Note] Power of probate, superior, state, juvenile, State-wide Business, and City of Atlanta courts (§ 5-5-1) › 2

(a)
The superior, state, and juvenile courts, the Georgia State-wide Business Court, the Georgia Tax Court, and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.
(b)
Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts.
Amended by 2024 Ga. Laws 601,§ 2-2, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2019 Ga. Laws 271,§ 2-1, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 2 - GROUNDS (§§ 5-5-20 — 5-5-25) › Section 5-5-20 - Verdict contrary to evidence and justice

In any case when the verdict of a jury is found contrary to evidence and the principles of justice and equity, the judge presiding may grant a new trial before another jury.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 2 - GROUNDS (§§ 5-5-20 — 5-5-25) › Section 5-5-21 - Verdict against weight of evidence

The presiding judge may exercise a sound discretion in granting or refusing new trials in cases where the verdict may be decidedly and strongly against the weight of the evidence even though there may appear to be some slight evidence in favor of the finding.