reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-22 - Appeals; speedy hearing; transmittal of remittitur

(a)
Appeals in habeas corpus cases shall be governed, in all respects where applicable, by the laws in reference to appeals in other cases regarding the practice in the lower courts and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing.
(b)
It shall be the duty of the Supreme Court to give a speedy hearing and determination in habeas corpus cases either under existing rules or under special rules to be formulated by the court for such purpose.
(c)
If the judgment of the court below is affirmed by the Supreme Court, the clerk of the Supreme Court shall promptly transmit the remittitur to the clerk of the court from which the appeal was taken. Upon the receipt of the remittitur, the clerk shall notify the judge of the court who shall have full power to pass an order, sentence, or judgment necessary to carry into execution the judgment of the court.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 1 - GENERAL PROVISIONS (§§ 9-14-1 — 9-14-23) › Section 9-14-23 - Attachment for contempt for disobedience of writ

Any person disregarding the writ of habeas corpus in any manner whatever shall be liable to attachment for contempt, issued by the judge granting the writ, under which attachment the person may be imprisoned until he complies with the legal requirements of the writ.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-40 - Legislative intent

(a)
The General Assembly finds that:
(1)
Expansion of the scope of habeas corpus in federal court by decisions of the United States Supreme Court together with other decisions of the court substantially curtailing the doctrine of waiver of constitutional rights by an accused and limiting the requirement of exhaustion of state remedies to those currently available have resulted in an increasingly large number of convictions of the courts of this state being collaterally attacked by federal habeas corpus based upon issues and contentions not previously presented to or passed upon by courts of this state;
(2)
The increased reliance upon federal courts tends to weaken state courts as instruments for the vindication of constitutional rights with a resultant deterioration of the federal system and federal-state relations; and
(3)
To alleviate such problems, it is necessary that the scope of state habeas corpus be expanded and the state doctrine of waiver of rights be modified.
(b)
The General Assembly further finds that expansion of state habeas corpus to include many sharply contested issues of a factual nature requires that only the superior courts have jurisdiction of such cases.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-41 - Article as exclusive procedure

Notwithstanding the other provisions of this chapter, this article provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-42 - Grounds for writ; waiver of objection to jury composition

(a)
Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state may institute a proceeding under this article.
(b)
The right to object to the composition of the grand or trial jury will be deemed waived under this Code section unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence have otherwise become final.
(c)
Any action brought pursuant to this article shall be filed within one year in the case of a misdemeanor, except as otherwise provided in Code Section
40-13-33
, or within four years in the case of a felony, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, from:
(1)
The judgment of conviction becoming final by the conclusion of direct review or the expiration of the time for seeking such review; provided, however, that any person whose conviction has become final as of July 1, 2004, regardless of the date of conviction, shall have until July 1, 2005, in the case of a misdemeanor or until July 1, 2008, in the case of a felony to bring an action pursuant to this Code section;
(2)
The date on which an impediment to filing a petition which was created by state action in violation of the Constitution or laws of the United States or of this state is removed, if the petitioner was prevented from filing such state action;
(3)
The date on which the right asserted was initially recognized by the Supreme Court of the United States or the Supreme Court of Georgia, if that right was newly recognized by said courts and made retroactively applicable to cases on collateral review; or
(4)
The date on which the facts supporting the claims presented could have been discovered through the exercise of due diligence.
(d)
At the time of sentencing, the court shall inform the defendant of the periods of limitation set forth in subsection (c) of this Code section.
Amended by 2004 Ga. Laws 661, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-43 - Jurisdiction and venue

A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The superior courts of such counties shall have exclusive jurisdiction of habeas corpus actions arising under this article. If the petitioner is not in custody or is being detained under the authority of the United States, any of the several states other than Georgia, or any foreign state, the petition must be filed in the superior court of the county in which the conviction and sentence which is being challenged was imposed.
Amended by 2004 Ga. Laws 661, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-44 - Petition - Contents and verification

A petition brought under this article shall identify the proceeding in which the petitioner was convicted, give the date of rendition of the final judgment complained of, clearly set forth the respects in which the petitioner's rights were violated, and state with specificity which claims were raised at trial or on direct appeal, providing appropriate citations to the trial or appellate record. The petition shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The petition shall identify any previous proceedings that the petitioner may have taken to secure relief from his or her conviction and, in the case of prior habeas corpus petitions, shall state which claims were previously raised. Argument and citations of authorities shall be omitted from the petition; however, a brief may be submitted in support of the petition setting forth any applicable argument. The petition must be verified by the oath of the applicant or of some other person in his or her behalf.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-45 - Petition - Service

Service of a petition brought under this article shall be made upon the person having custody of the petitioner. If the petitioner is being detained under the custody of the Department of Corrections, an additional copy of the petition shall be served on the Attorney General. If the petitioner is being detained under the custody of some authority other than the Department of Corrections, an additional copy of the petition shall be served upon the district attorney of the county in which the petition is filed. Service upon the Attorney General or the district attorney may be had by mailing a copy of the petition and a proper certificate of service.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-46 - Custody and production of petitioner

Custody and control of the petitioner shall be retained by the Department of Corrections or other authority having custody of the petitioner. It shall be the duty of the department or authority to produce the petitioner at such times and places as the court may direct.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-47 - Time for answer and hearing

Except as otherwise provided in Code Section
9-14-47.1
with respect to petitions challenging for the first time state court proceedings resulting in a sentence of death, within 20 days after the filing and docketing of a petition under this article or within such further time as the court may set, the respondent shall answer or move to dismiss the petition. The court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-47.1 - Petitions challenging for the first time state court proceedings resulting in a death sentence

(a)
In petitions filed under this article challenging for the first time state court proceedings resulting in a death sentence, the provisions of this article shall apply except as specifically provided otherwise in this Code section.
(b)
Within ten days of the filing of a petition challenging for the first time state court proceedings resulting in a death sentence, the superior court clerk of the county where the petition is filed shall give written notice to The Council of Superior Court Judges of Georgia of the filing of the petition which shall serve as a request for judicial assistance under paragraph (3) of subsection (b) of Code Section
15-1-9.1
. Within 30 days of receipt of such notice, the president of the council shall, under guidelines promulgated by the executive committee of the council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.
(c)
The Council of Superior Court Judges of Georgia shall establish, by uniform court rules, appropriate time periods and schedules applicable to petitions filed on or after January 1, 1996, challenging for the first time state court proceedings resulting in a sentence of death. Such rules shall be adopted by the Supreme Court of Georgia on or before December 31, 1995. Such new time periods and schedules shall include, but specifically not be limited to, the following:
(1)
Respondent's filing of an answer or motion to dismiss the petition;
(2)
Petitioner's filing of any amendments to the petition;
(3)
Filing by either party of motions and responses to motions;
(4)
Scheduling and conducting of evidentiary hearings; and
(5)
Date of final order.
(d)
In petitions filed under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the petitioner shall not be entitled to invoke any of the provisions set forth in this Code section to delay the proceedings. To the extent the court deems it necessary to have an evidentiary hearing on any such petition, the court shall expedite the proceedings and the time limits shall not exceed those set for initial petitions.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-49 - Findings of fact and conclusions of law

After reviewing the pleadings and evidence offered at the trial of the case, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record of the case.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-50 - Transcription of proceedings

All trials held under this article shall be transcribed by a court reporter designated by the superior court hearing the case.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-51 - Effect of failure to raise grounds for relief in original or amended petition

All grounds for relief claimed by a petitioner for a writ of habeas corpus shall be raised by a petitioner in his original or amended petition. Any grounds not so raised are waived unless the Constitution of the United States or of this state otherwise requires or unless any judge to whom the petition is assigned, on considering a subsequent petition, finds grounds for relief asserted therein which could not reasonably have been raised in the original or amended petition.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-52 - Appeal procedure; application to Supreme Court by petitioner for certificate of probable cause; effect of appeal by respondent

(a)
Appeals in habeas corpus cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the petitioner no appeal shall be allowed unless the Supreme Court of this state issues a certificate of probable cause for the appeal.
(b)
If an unsuccessful petitioner desires to appeal, he must file a written application for a certificate of probable cause to appeal with the clerk of the Supreme Court within 30 days from the entry of the order denying him relief. The petitioner shall also file within the same period a notice of appeal with the clerk of the concerned superior court. The Supreme Court shall either grant or deny the application within a reasonable time after filing. In order for the Supreme Court to consider fully the request for a certificate, the clerk of the concerned superior court shall forward, as in any other case, the record and transcript, if designated, to the clerk of the Supreme Court when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the Supreme Court denies the application for a certificate of probable cause, the clerk of the Supreme Court shall return the original record and transcript and shall notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.
(c)
If the trial court finds in favor of the petitioner, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and shall stay the judgment of the superior court until there is a final adjudication by the Supreme Court; provided, however, that, while such case is on appeal, the petitioner may be released on bail as is provided in criminal cases except when the petitioner has been convicted of a crime which the Supreme Court has jurisdiction to consider on direct appeal. The right to bail and the amount of bond shall be within the discretion of the judge of the superior court in which the sentence successfully challenged under this article was originally imposed.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 14 - HABEAS CORPUS (§§ 9-14-1 — 9-14-53) › Article 2 - PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD (§§ 9-14-40 — 9-14-53) › Section 9-14-53 - Reimbursement to counties for habeas corpus costs

Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are cast upon the respondent, but such reimbursement shall not exceed $30,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of the superior court of each county shall send a certified list to The Council of Superior Court Judges of Georgia of each writ of habeas corpus sought in the superior court of the county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners for which the granting of the writ was denied or for which the court costs were cast upon the respondent; and such list shall include the court costs both at the trial level and in any appellate court for each such writ of habeas corpus. By not later than December 15 of each calendar year, the council shall pay to the county from funds appropriated or otherwise made available for the operation of the superior courts the reimbursement as set forth in the certified list, subject to the maximum reimbursement provided for in this Code section. The list sent to the council as provided in this Code section shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The council is authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out this Code section and to establish such procedures as may be reasonably necessary for such purposes. This Code section shall not be construed to amend or repeal the provisions of Code Section
15-6-28
or any other provision of law for funds for any judicial circuit.
Amended by 2017 Ga. Laws 216,§ 1, eff. 7/1/2017.
Amended by 2011 Ga. Laws 117,§ 1, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-1 - Which party liable for costs

In all civil cases in any of the courts of this state, except as otherwise provided, the party who dismisses, loses, or is cast in the action shall be liable for the costs thereof.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-2 - Affidavit of indigence; procedure when filing party not represented by counsel

(a)
(1)
When any party, plaintiff or defendant, in any action or proceeding held in any court in this state is unable to pay any deposit, fee, or other cost which is normally required in the court, if the party shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the costs, the party shall be relieved from paying the costs and his rights shall be the same as if he had paid the costs.
(2)
Any other party at interest or his agent or attorney may contest the truth of an affidavit of indigence by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the court, under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.
(b)
In the absence of a traverse affidavit contesting the truth of an affidavit of indigence, the court may inquire into the truth of the affidavit of indigence. After a hearing, the court may order the costs to be paid if it finds that the deposit, fee, or other costs can be paid and, if the costs are not paid within the time permitted in such order, may deny the relief sought.
(c)
The adjudication of the issue of indigence shall not affect a decision on the merits of the pending action.
(d)
When a civil action is presented for filing under this Code section by a party who is not represented by an attorney, the clerk of court shall not file the matter but shall present the complaint or other initial pleading to a judge of the court. The judge shall review the pleading and, if the judge determines that the pleading shows on its face such a complete absence of any justiciable issue of law or fact that it cannot be reasonably believed that the court could grant any relief against any party named in the pleading, then the judge shall enter an order denying filing of the pleading. If the judge does not so find, then the judge shall enter an order allowing filing and shall return the pleading to the clerk for filing as in other cases. An order denying filing shall be appealable in the same manner as an order dismissing an action.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-3 - When costs may be demanded

The several officers of court are prohibited from demanding the costs in any civil case or any part thereof until after judgment in the same, except as otherwise provided by law.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-4 - Deposit prior to filing by clerk; exception if affidavit of indigence filed; repayment of excess; exemptions

(a)
A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section
15-6-77
, relating to fees of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if the party desiring to file the case or proceeding is unable because of indigence to pay the fee and the party files with the clerk an affidavit to such effect.
(b)
The deposit required to be filed by this Code section shall not affect any other law which requires a deposit in excess of or in addition to the deposit of cost required by this Code section.
(c)
Nothing contained in this Code section shall be deemed to require a deposit of cost by the state, its agencies, or its political subdivisions; and, without limiting the generality of the foregoing, no clerk of any court shall be authorized to require any deposit of costs in any action or proceeding for the collection of criminal penalties as authorized under Code Section
42-8-34.2
.
Amended by 2019 Ga. Laws 231,§ 1, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-5 - [Repealed] Deposit by nonresident plaintiff; additional deposit; refund of excess

Amended by 2006 Ga. Laws 453,§ 9, eff. 4/14/2006.
Reserved. Repealed by Ga. L. 1981, p. 1396, § 23, effective July 1, 1981.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-6 - Liability of attorney of nonresident plaintiff for costs; prior payment of costs in action brought by nonresident attorney and plaintiff

(a)
When any attorney institutes an action in any of the courts of this state for any person who resides outside this state, the attorney shall be liable to pay all costs of the officers of court in the event that the action is dismissed or the plaintiff is cast in the action.
(b)
When the plaintiff and his attorney both reside outside the limits of this state, the proper officers may demand their full costs before they shall be bound to perform any service in any case commenced by the nonresident attorney or plaintiff.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-7 - Liability of attorney guilty of willful neglect or misconduct for costs

If any plaintiff is involuntarily dismissed or cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs which may have accrued in the case. In like manner, if any defendant is cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs thereof.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-8 - Liability for costs of witnesses of adverse party

No party plaintiff or defendant shall be liable for the costs of any witness of the adverse party unless the witness is subpoenaed, sworn, and examined on the trial of the case or unless the plaintiff voluntarily dismisses his case before trial. No party shall be liable for the costs of more than two witnesses to the same point unless the court certifies that the question at issue was of such a character as rendered a greater number of witnesses necessary.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-9 - Costs when recovery on contract is less than $50.00

When any action ex contractu is brought in the superior or state court and the verdict of the jury, unreduced by setoff or payment pending the action, is for a sum under $50.00, the defendant shall not be charged with more costs than would have necessarily accrued if the case had been heard before a magistrate. The remainder of the court costs shall be paid by the plaintiff and may be retained out of the sum recovered by the plaintiff and, if that is insufficient, judgment shall be entered by the court against the plaintiff for the balance.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-10 - Costs in personal actions when damages are less than $10.00

(a)
In all actions for slanderous words, in any court having jurisdiction of the same, if the jury renders a verdict under $10.00, the plaintiff shall have and recover no more costs than damages.
(b)
In actions of assault and battery and in all other personal actions wherein the jury upon the trial thereof finds the damages to be less than $10.00, the plaintiff shall recover no more costs than damages unless the judge, at the trial thereof, finds and certifies on the record that an aggravated assault and battery was proved.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-11 - Inclusion of costs in judgment; itemization and endorsement on execution

When a case is disposed of, the costs, including fees of witnesses, shall be included in the judgment against the party voluntarily dismissing, being involuntarily dismissed, or cast in the action. It shall be the duty of the clerk of the court, of the magistrate, or of any other officer who may issue an execution to endorse on the execution at the time it is issued the date and amount of the judgment, the items of the bill of cost, written in words, and the amount of each item distinctly stated in figures. No costs or items of costs shall in any case be demanded by any officer unless they are itemized and endorsed as provided in this Code section.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-12 - Liability of plaintiff and attorney for costs when execution returned unsatisfied

If execution issues on a judgment recovered by the plaintiff against the defendant and the executing officer returns the same marked "No property to be found," a fi. fa. may issue against the plaintiff for the purpose of recovering the costs from him; and, if the plaintiff resides outside the state, the fi. fa. shall issue against his attorney also.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 15 - COURT AND LITIGATION COSTS (§§ 9-15-1 — 9-15-15) › Section 9-15-13 - Judgment and execution against attorney for costs

In all cases in which it is made to appear that an attorney is liable for costs, the court shall, on motion, order a judgment and execution against him for the same.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-1 - Short title

This chapter shall be known and may be cited as the "Georgia Uniform Civil Forfeiture Procedure Act."
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-3 - Jurisdiction

(a)
A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought:
(1)
In the case of an in rem action, in the judicial circuit where the property is located;
(2)
In the case of an in personam action, in the judicial circuit in which the defendant resides; or
(3)
By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture.
(b)
If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney.
(c)
A civil forfeiture proceeding may be compromised or settled in the same manner as other civil actions.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-4 - Venue

A complaint for forfeiture pursuant to Code Section
9-16-12
or
9-16-13
shall be tried:
(1)
If the complaint for forfeiture is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction;
(2)
If the complaint for forfeiture is in rem against tangible or intangible personal property, in any county where the property is located or will be located during the pendency of the action; or
(3)
If the complaint for forfeiture is in personam, as provided in Article VI, Section II of the Constitution.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-5 - Notice to owner of seizure of vehicle

If a seized vehicle is registered to a person or entity that was not present at the scene of the seizure and whose conduct did not give rise to the seizure, the seizing officer or his or her designee shall make a reasonable effort to determine the name of the registered owner of the seized vehicle and, upon learning such registered owner's telephone number or address, inform such registered owner that the vehicle has been seized.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-6 - Seizure of property

(a)
Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A court issued warrant authorizing seizure of property subject to forfeiture may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of the United States. The court may order that the property be seized on such terms and conditions as are reasonable.
(b)
Property subject to forfeiture may be seized without process if probable cause exists to believe that the property is subject to forfeiture or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.
(c)
The court's jurisdiction over any civil forfeiture proceeding shall not be affected by a seizure in violation of the Constitution of Georgia or the Constitution of the United States made with process or in a good faith belief of probable cause.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-7 - Reporting of seizure; role of state attorney

(a)
When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the seizing officer shall, in writing, report the fact of seizure and conduct an inventory and estimate the value of the property seized and provide such information to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made.
(b)
Within 60 days from the date of seizure, the state attorney shall:
(1)
Initiate a quasi-judicial forfeiture as provided for in Code Section
9-16-11
; or
(2)
File a complaint for forfeiture as provided for in Code Section
9-16-12
or
9-16-13
.
(c)
If the seizing officer fails to comply with subsection (a) of this Code section or the state attorney fails to comply with subsection (b) of this Code section, the property shall be released on the request of an owner or interest holder, pending a complaint for forfeiture pursuant to Code Section
9-16-12
or
9-16-13
, unless the property is being held as evidence. When the court releases property pursuant to this subsection, upon application by the state attorney, it may impose conditions as specified in paragraph (1) of Code Section
9-16-14
.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-9 - Seized property not subject to replevin, conveyance, sequestration, or attachment; release of property; assignment of complaint for forfeiture; custodian of property

(a)
Property attached or seized under this chapter shall not be subject to replevin, conveyance, sequestration, or attachment.
(b)
The seizing law enforcement agency or the state attorney may authorize the release of the attached or seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding to another agency or state attorney by discontinuing such proceeding in favor of a civil forfeiture proceeding initiated by another law enforcement agency or state attorney.
(c)
A complaint for forfeiture pursuant to Code Section
9-16-12
or
9-16-13
may be assigned to the same judge hearing any other complaint for forfeiture or criminal proceeding involving substantially the same parties or same property in accordance with the Uniform Superior Court Rules.
(d)
Property shall be deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the civil forfeiture proceeding.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-15 - Stay of civil forfeiture proceedings during pendency of criminal proceedings; effect of criminal conviction

(a)
For good cause shown by the state or the owner or interest holder of the property, the court may stay civil forfeiture proceedings during the pendency of criminal proceedings resulting from a related indictment or accusation until such time as the criminal proceedings result in a plea of guilty, a conviction after trial, or an acquittal after trial or are otherwise concluded before the trial court.
(b)
An acquittal or dismissal in a criminal proceeding shall not preclude civil forfeiture proceedings.
(c)
A defendant convicted in any criminal proceeding shall be precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any civil forfeiture proceeding against such defendant pursuant to this chapter, regardless of the pendency of an appeal from that conviction; provided, however, that the evidence of the pendency of an appeal shall be admissible. For the purposes of this subsection, the term "conviction" means the result from a verdict or plea of guilty, including a plea of nolo contendere.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-16 - Recovery by an injured person

(a)
As used in this Code section, the term "injured person" means any person who suffers a pecuniary loss or physical injury due to a violation of Code Section
16-5-46
, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16. In the event that such person is a child or deceased, the provisions of subparagraphs (B) and (C) of paragraph (11) of Code Section
17-17-3
shall apply.
(b)
If an injured person has provided contact information pursuant to Chapter 17 of Title 17, a state attorney shall serve every known injured person, if he or she has not previously been served, with a copy of the complaint for forfeiture and a notice of such person's right of intervention at least 30 days prior to the entry of a final judgment.
(c)
Notwithstanding the distribution of forfeiture proceeds as set forth in Code Section
9-16-19
, any injured person shall have a right or claim to forfeited property or to the proceeds superior to any right or claim the state or local government has in the same property or proceeds other than for costs. To enforce such a claim, the injured person must intervene in the civil forfeiture proceeding prior to the entry of a final judgment.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-17 - Burden of proof and presumptions

(a)
(1)
The state's burden of proof shall be to show by a preponderance of the evidence that seized property is subject to forfeiture.
(2)
A property interest shall not be subject to forfeiture under this chapter if the owner of the interest or interest holder establishes that the owner or interest holder:
(A)
Is not privy to criminal conduct giving rise to its forfeiture;
(B)
Did not consent to the conduct giving rise to the forfeiture;
(C)
Did not know of the conduct giving rise to the forfeiture;
(D)
Did not know the conduct giving rise to the forfeiture was likely to occur;
(E)
Should not have reasonably known the conduct giving rise to the forfeiture was likely to occur;
(F)
Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction;
(G)
With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to the forfeiture;
(H)
Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and
(I)
Acquired the interest:
(i)
Before the completion of the conduct giving rise to its forfeiture and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(ii)
After the completion of the conduct giving rise to its forfeiture:
(I)
As a bona fide purchaser for value without knowingly taking part in an illegal transaction;
(II)
Before the filing of a forfeiture lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture; and
(III)
At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture.
(b)
There shall be a rebuttable presumption that any property of a person is subject to forfeiture under this chapter if the state attorney establishes by a preponderance of the evidence that:
(1)
The person has engaged in conduct giving rise to forfeiture;
(2)
The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after such period; and
(3)
There was no likely source for the property other than the conduct giving rise to forfeiture.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-18 - Forfeited property vests in state at time conduct giving rise to forfeiture committed; release of property upon entry of judgment in favor of owner

(a)
All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the transferee claims and establishes in a hearing under this chapter that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under paragraph (2) of subsection (a) of Code Section
9-16-17
.
(b)
On entry of judgment for a person claiming an interest in the property that is subject to a civil forfeiture proceeding, the court shall order that the property or interest in the property be released or delivered promptly to that person free of liens and encumbrances.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-21 - Effect of federal law forfeitures; annual report

(a)
Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or political subdivision to which the property or proceeds are so transferred as authorized by such federal law and regulations or guidelines promulgated thereunder. If federal law and regulations or guidelines promulgated thereunder are silent as to the utilization of such property or proceeds, the property and proceeds shall be disposed of and utilized as set forth in Code Section
9-16-19
.
(b)
Any law enforcement agency receiving property or proceeds pursuant to federal law shall also comply with subsection (g) of Code Section
9-16-19
.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 16 - GEORGIA UNIFORM CIVIL FORFEITURE PROCEDURE ACT (§§ 9-16-1 — 9-16-22) › Section 9-16-22 - Construction

This chapter shall be liberally construed to effectuate its remedial purposes.
Added by 2015 Ga. Laws 98,§ 1-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-1 - Definitions

As used in this chapter, the term:
(1)
"Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(2)
"Mediation communication" means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, terminating, or reconvening a mediation or retaining a mediator.
(3)
"Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(4)
"Mediator" means an individual who conducts a mediation, or if conducting a mediation pursuant to the Supreme Court of Georgia Alternative Dispute Resolution Rules governing the use of alternative dispute resolution mechanisms by the courts of this state, an individual qualified to mediate under such rules.
(5)
"Nonparty participant" means a person, other than a mediation party or mediator, that participates in a mediation, including a representative of a party.
(6)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(7)
"Proceeding" means:
(A)
A judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or
(B)
A legislative hearing or similar process.
(8)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9)
"Sign" means:
(A)
To execute or adopt a tangible symbol with the present intent to authenticate a record; or
(B)
To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.