reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 6 - JURY TRIALS; APPEAL (§§ 15-9-120 — 15-9-127) › Section 15-9-121 - Jury trials in civil cases

(a)
A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial within 30 days after the filing of the first pleading of the party or within 15 days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to Code Sections
29-4-10
and
29-5-10
, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury within ten days after the date of mailing of the notice provided for by subsection (c) of Code Section
29-4-12
and subsection (c) of Code Section
29-5-12
. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted.
(b)
Notwithstanding other laws, for any civil case in which a jury trial is demanded, the determination of issues of fact shall not be made by the probate judge but shall be for the jury as in cases in the superior courts.
(c)
If the civil case could not be appealed to a jury in superior court from a probate court not meeting the definition provided in paragraph (2) of Code Section
15-9-120
, the right to a jury trial shall not be available in a probate court which meets such definition.
Amended by 2004 Ga. Laws 460, § 2.1, eff. 7/1/2005
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 6 - JURY TRIALS; APPEAL (§§ 15-9-120 — 15-9-127) › Section 15-9-122 - Applicability of laws and rules

Unless provided to the contrary by Code Section
9-11-81
or by Titles 29 and 53, the general laws and rules of practice, pleading, procedure, and evidence that are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate courts.
Amended by 2020 Ga. Laws 508,§ 2-19, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 6 - JURY TRIALS; APPEAL (§§ 15-9-120 — 15-9-127) › Section 15-9-123 - Appeal

(a)
Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals from any decision made by the probate court, except an order appointing a temporary administrator or an order appointing an emergency guardian or emergency conservator, as provided by Chapter 6 of Title 5.
(b)
The general laws and rules of appellate practice and procedure that are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts.
Amended by 2020 Ga. Laws 508,§ 2-20, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 6 - JURY TRIALS; APPEAL (§§ 15-9-120 — 15-9-127) › Section 15-9-124 - Enforcement of judgments

The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 6 - JURY TRIALS; APPEAL (§§ 15-9-120 — 15-9-127) › Section 15-9-125 - Jurors

All laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by the probate courts in civil cases.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 6 - JURY TRIALS; APPEAL (§§ 15-9-120 — 15-9-127) › Section 15-9-126 - Fees

For services rendered in jury trials, in the probate court's exercise of concurrent jurisdiction pursuant to Code Section
15-9-127
, and in appeals to the Supreme Court or Court of Appeals, if a fee is not prescribed by Code Section
15-9-60
, the judge or clerk of the probate court shall be entitled to charge and collect the same sums as those of the clerk of the superior court provided in Code Section
15-6-77
or other applicable law for similar services in superior court.
Amended by 2020 Ga. Laws 508,§ 2-21, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 6 - JURY TRIALS; APPEAL (§§ 15-9-120 — 15-9-127) › Section 15-9-127 - Concurrent jurisdiction with superior courts; probate court jurisdiction

(a)
Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for:
(1)
Declaratory judgments involving fiduciaries pursuant to Code Sections
9-4-4
,
9-4-5
,
9-4-6
,
9-4-8
,
9-4-9
, and
9-4-11
;
(2)
Tax motivated estate planning dispositions of wards' property pursuant to Code Sections
29-3-36
and
29-5-36
;
(3)
Approval of settlement agreements pursuant to former Code Section
53-3-22
as such existed on December 31, 1997, if applicable; Code Section
53-5-25
or
53-5-27
for which the settlement agreement would affect an interest in real or personal property to be taken by a trust designated in the will; or Code Section
53-12-9
;
(4)
Adjudication of actions concerning trusts, trustees, and trust directors authorized by the provisions of Chapter 12 of Title 53;
(5)
Adjudication of petitions under Code Section
10-6B-16
to construe a power of attorney, review an agent's conduct, and grant appropriate relief;
(6)
Adjudication of petitions under subsection (i) of Code Section
10-6B-40
to grant an agent authority under a power of attorney; and
(7)
Adjudication of petitions for direction or construction of a will or trust instrument pursuant to Code Section
23-2-92
,
53-4-55
,
53-4-56
,
53-7-75
, or
53-12-27
, or other applicable law.
(b)
In civil cases, probate courts subject to this article may:
(1)
Apply equitable principles;
(2)
Hear evidence on and decide any contested question; and
(3)
Issue such orders as are appropriate under the circumstances.
(c)
Probate courts subject to this article shall have and may exercise the jurisdiction and authority conferred by subsections (a) and (b) of this Code section to the greatest extent that does not infringe the exclusive jurisdiction of the superior courts pursuant to Article VI, Section IV, Paragraph I of the Constitution of this state.
Amended by 2020 Ga. Laws 508,§ 2-22, eff. 1/1/2021.
Amended by 2011 Ga. Laws 245,§ 15, eff. 5/13/2011.
Amended by 2010 Ga. Laws 506,§ 12, eff. 7/1/2010.
Amended by 2008 Ga. Laws 685,§ 5, eff. 7/1/2008.
Amended by 2005 Ga. Laws 109,§ 1, eff. 7/1/2005.
Amended by 2004 Ga. Laws 460, § 3, eff. 7/1/2005
Amended by 2002 Ga. Laws 968, § 9, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 7 - PROBATE COURT JUDGES (§§ 15-9-140 — 15-9-141) › Section 15-9-140 - Jurisdiction of judges

Except as otherwise provided by law, any judge of a probate court is authorized to serve as a judge of any other probate court in which such judge would otherwise be qualified to serve, but only upon the written request of the judge of such other probate court. When serving in a probate court other than his or her own court, the judge shall exercise the same jurisdiction, power, and authority as the regular judge of the court. Judges rendering assistance in accordance with this Code section shall be entitled to receive actual expenses or, at such judge's option, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services but shall not be entitled to any further compensation for such services. The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the assisting judge.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 7 - PROBATE COURT JUDGES (§§ 15-9-140 — 15-9-141) › Section 15-9-141 - Retired judges; senior judge appointment; written request for assistance

(a)
(1)
Any judge of a probate court who retires pursuant to the provisions of Chapter 11 of Title 47 may be appointed a senior judge of the probate courts.
(2)
Any judge of a probate court, whether or not said judge is a member of the retirement fund created by Chapter 11 of Title 47, who ceases holding office as a judge and who has at least eight years of service as a judge of a probate court at the time of ceasing to hold such office and who is not eligible for appointment to the office of senior judge under any other law of this state may be appointed as a senior judge of the probate courts.
(b)
Upon becoming eligible for appointment pursuant to the provisions of this Code section, a judge who ceases to hold office may become a senior judge of the probate courts and in that capacity may be called upon to serve as a judge in any probate court in which the judge is otherwise qualified to serve.
(c)
Any qualified former judge of a probate court may petition the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge of the probate courts.
(d)
The judge of any probate court of this state may make a written request for assistance to a senior judge of the probate courts. The request by the judge may be made if one of the following circumstances arise:
(1)
The judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; or
(2)
The judge of the requesting court is unable to preside because of disability, illness, absence, or any reason.
(e)
The compensation of a senior judge of the probate courts serving as a judge of a probate court under this Code section shall be that which is normally paid to a substitute judge of the court in which the senior judge is serving, and such compensation shall be paid from any funds available for the operation of such court. In addition to such compensation, a senior judge of the probate courts shall receive actual expenses or, at such judge's option, in the event of service outside the county of such judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services. Such expenses and mileage shall be paid from the same source of funds which pays the compensation of a senior judge of the probate courts as provided in this subsection upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation and expenses shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge.
Amended by 2001 Ga. Laws 2, § 15, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 8 - PROSECUTING ATTORNEYS (§§ 15-9-150 — 15-9-158) › Section 15-9-150 - Requesting district attorney to prosecute criminal cases; creation of prosecuting attorney position by ordinance or resolution; appointment of prosecuting attorney

(a)
In any county in which there is no state court, the judge of the probate court may request the district attorney of the circuit in which the court is located to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. The district attorney may designate one or more members of his or her staff to handle such cases in the probate court. The district attorney and any members of his or her staff who prosecute criminal cases in the probate court may be compensated in an amount to be fixed by the governing authority of the county.
(b)
If for any reason the district attorney is unable to assist the probate court, he or she shall notify the probate court in writing, and the governing authority of the county, in its discretion, shall be authorized to create by ordinance or resolution the office of prosecuting attorney of the probate court, and the governing authority shall have the authority to hire the prosecuting attorney, who shall have the authority to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. A copy of the resolution or ordinance creating the office of prosecuting attorney of the probate court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia.
(c)
It shall be the duty of the probate court clerk to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a probate court within 30 days of such appointment.
(d)
Unless otherwise provided by local law, the prosecuting attorney of the probate court shall serve at the pleasure of the governing authority of such county.
Added by 2013 Ga. Laws 176,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 8 - PROSECUTING ATTORNEYS (§§ 15-9-150 — 15-9-158) › Section 15-9-151 - Qualifications of prosecuting attorney; appointment of assistant district attorneys

(a)
Any person appointed as the prosecuting attorney of a probate court pursuant to subsection (b) of Code Section
15-9-150
shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state.
(b)
Notwithstanding the provisions of subsection (a) of Code Section
15-18-21
, an assistant district attorney may be appointed as the prosecuting attorney of a probate court when:
(1)
The district attorney who employs such assistant district attorney consents to such appointment; and
(2)
If such assistant district attorney is not employed in the judicial circuit in which the probate court is located, the district attorney for the judicial circuit in which the probate court is located consents to such appointment.
(c)
A district attorney may withdraw consent for an assistant district attorney's appointment pursuant to subsection (b) of this Code section at any time, provided that the probate court and the governing authority of the county in which such probate court is located is given notice not less than 30 days prior to the day that such assistant district attorney shall cease to serve as the prosecuting attorney of the probate court.
Added by 2013 Ga. Laws 176,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 8 - PROSECUTING ATTORNEYS (§§ 15-9-150 — 15-9-158) › Section 15-9-152 - Oath of office

(a)
In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a probate court shall take and subscribe to the following oath: "I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as prosecuting attorney for the Probate Court of (here state the county) County."
(b)
The oath shall be administered and attested by the judge of the probate court of such county as provided in Code Section
45-3-3
and filed as provided in Code Section
45-3-5
.
Added by 2013 Ga. Laws 176,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 8 - PROSECUTING ATTORNEYS (§§ 15-9-150 — 15-9-158) › Section 15-9-153 - Determining if prosecuting attorney shall be full time or part time; limitations on private practice of law

(a)
Unless otherwise provided by local law, the governing authority of the county shall determine whether the prosecuting attorney of a probate court shall be a full-time or part-time prosecuting attorney.
(b)
Any full-time prosecuting attorney of a probate court and any full-time employees of the prosecuting attorney of a probate court shall not engage in the private practice of law.
(c)
Any part-time prosecuting attorney of a probate court and any part-time assistant prosecuting attorney of a probate court may engage in the private practice of law, but shall not practice in the probate court or appear in any matter in which that prosecuting attorney has exercised jurisdiction. A prosecuting attorney of a probate court and any assistant prosecuting attorney of a probate court shall be subject to all laws and rules governing the conduct of prosecuting attorneys in this state.
Added by 2013 Ga. Laws 176,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 8 - PROSECUTING ATTORNEYS (§§ 15-9-150 — 15-9-158) › Section 15-9-154 - Disqualification of prosecuting attorney

If the prosecuting attorney of a probate court is disqualified by interest or relationship from engaging in the prosecution of a particular case or is unable to perform the duties of said office due to illness or incapacity, the district attorney of such judicial circuit may prosecute such case. If the district attorney is to prosecute such case, the provisions of Code Section
15-18-5
shall apply.
Added by 2013 Ga. Laws 176,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 8 - PROSECUTING ATTORNEYS (§§ 15-9-150 — 15-9-158) › Section 15-9-156 - Compensation; reimbursement of expenses

The prosecuting attorney of a probate court shall be compensated by the county as provided by local law or, in the absence of such local law, as provided by the governing authority of such county. The prosecuting attorney of a probate court shall be entitled to be reimbursed for actual expenses incurred in the performance of his or her official duties in the same manner and rate as other county employees.
Added by 2013 Ga. Laws 176,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 8 - PROSECUTING ATTORNEYS (§§ 15-9-150 — 15-9-158) › Section 15-9-157 - Additional assistant prosecuting attorneys, employees, or independent contractors; duties; compensation

The prosecuting attorney of a probate court may employ such additional assistant prosecuting attorneys and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The prosecuting attorney of a probate court shall define the duties and fix the title of any attorney or other employee of the prosecuting attorney's office. Personnel employed pursuant to this Code section shall be compensated by the county.
Added by 2013 Ga. Laws 176,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 8 - PROSECUTING ATTORNEYS (§§ 15-9-150 — 15-9-158) › Section 15-9-158 - Qualifications of assistant prosecuting attorneys; assistance by qualified law student or law school graduate

(a)
Any assistant prosecuting attorney or other attorney at law employed by the county for the purposes of prosecuting in the probate court shall be a member in good standing of the State Bar of Georgia.
(b)
A qualified law student or law school graduate who is allowed to practice pursuant to Code Section
15-18-22
or the Supreme Court of Georgia's rules governing such practice may assist in the prosecution of cases in the probate court.
Added by 2013 Ga. Laws 176,§ 1, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-1 - Creation of magistrate courts

There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court of __________________ County.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-2.1 - Jurisdiction over certain cases involving litter

(a)
Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section
32-6-51
or
40-6-248.1
that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b)
A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
Added by 2006 Ga. Laws 538,§ 3-6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-3 - Oath and commission of magistrate, constable, and clerk

(a)
All magistrates, constables, and clerks of magistrate court shall before entering on the duties of their offices subscribe before the judge of the probate court the oaths prescribed by Code Sections
45-3-1
and
45-3-13
and the following oath:
"I swear or affirm that I will duly and faithfully perform all the duties required of me as (magistrate, constable, or clerk of magistrate court) of __________________ County."
(b)
(1)
The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court.
(2)
In the case of constables and clerks, the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission.
(3)
All magistrates shall be issued a commission under the seal of the office of the Governor as provided in Code Section
45-3-31
. In the case of magistrates or an appointed chief magistrate, the appointing authority shall issue to the magistrate or chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State.
(c)
In the case of a probate judge serving as a magistrate, a clerk of superior court serving as clerk of magistrate court, or a sheriff or sheriff's deputy serving as constable, no oath, certificate, or commission shall be required except the oath and commission of the probate judge as probate judge, clerk of superior court as clerk of superior court, or sheriff or deputy as such.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-4 - Sessions of court

The magistrate court shall not have fixed terms. The chief magistrate shall provide for sessions of court to be held at such times and in such places, within or without the county seat, as are necessary or convenient.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-5 - Offices, courtrooms, and equipment

The county governing authority shall provide suitable offices and courtrooms for the use of the magistrate court and shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the magistrate court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-6 - Local court rules

The chief magistrate may with the approval of the chief judge of superior court adopt local rules for the court not inconsistent with law and the rules adopted by the Supreme Court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-7 - [Effective Until 7/1/2025] Council of Magistrate Court Judges

(a)
There is created a council of magistrate court judges to be known as the "Council of Magistrate Court Judges." The council shall be composed of the chief magistrates, magistrates, and senior magistrates of the magistrate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws.
(b)
It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the magistrate courts and the administration of justice, to assist the chief magistrates, magistrates, and senior magistrates throughout the state in the execution of their duties, and to promote and assist in the training of chief magistrates, magistrates, and senior magistrates.
(c)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.
Amended by 2019 Ga. Laws 227,§ 1, eff. 7/1/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-7 - [Effective 7/1/2025] Council of Magistrate Court Judges

(a)
There is created a council of magistrate court judges to be known as the "Council of Magistrate Court Judges." The council shall be composed of the chief magistrates, magistrates, and senior magistrates of the magistrate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws.
(b)
It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the magistrate courts and the administration of justice, to assist the chief magistrates, magistrates, and senior magistrates throughout the state in the execution of their duties, and to promote and assist in the training of chief magistrates, magistrates, and senior magistrates.
(c)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.
(d)
Any person elected or appointed as a magistrate court judge shall provide written notification to the council of such within 30 days of the date of the election or appointment. Any magistrate court judge who resigns, retires, or is removed from office shall provide written notification to the council of such within 30 days of the date on which he or she resigns, retires, or is removed from office.
(e)
The council shall notify the Administrative Office of the Courts of any notification received pursuant to subsection (d) of this Code section within 30 days of receipt of such notification.
Amended by 2024 Ga. Laws 584,§ 5, eff. 7/1/2025.
Amended by 2019 Ga. Laws 227,§ 1, eff. 7/1/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 1 - GENERAL PROVISIONS (§§ 15-10-1 — 15-10-8) › Section 15-10-8 - Authority of retired magistrate to perform marriage ceremonies

A retired magistrate of a magistrate court of any county of this state shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies. For purposes of this Code section, a retired magistrate of a magistrate court shall be one who has served not less than eight years.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 2 - MAGISTRATES (§§ 15-10-20 — 15-10-27) › Section 15-10-20.1 - Qualifying in absentia for magistrates serving on active military duty

(a)
Any elected chief magistrate or elected magistrate who is performing ordered military duty, as defined in Code Section
38-2-279
, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such judge was elected.
(b)
Where the giving of written notice of candidacy is required, any elected chief magistrate or elected magistrate who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate for the office of chief magistrate or magistrate judge may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent chief magistrate or magistrate judge.
Added by 2009 Ga. Laws 75,§ 1, eff. 4/30/2009.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 2 - MAGISTRATES (§§ 15-10-20 — 15-10-27) › Section 15-10-21 - Powers and duties of chief magistrate

The chief magistrate shall assign cases among the several magistrates of the county and shall decide any disputes between the magistrates of the county.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 2 - MAGISTRATES (§§ 15-10-20 — 15-10-27) › Section 15-10-22 - Qualifications; restrictions on practice of law

(a)
Each magistrate taking office on or after July 1, 2019, shall:
(1)
Have been a resident of the county for two years next preceding the beginning of his or her term of office;
(2)
Be at least 25 years of age;
(3)
Remain a resident of such county during his or her term of office;
(4)
Be a citizen of the United States;
(5)
Be a registered voter; and
(6)
Have obtained a state accredited high school diploma or state approved high school equivalency (HSE) diploma.
(b)
Additional qualifications for the office of chief magistrate or magistrate or both may be imposed by local law.
(c)
A magistrate who is an attorney may practice in other courts but may not practice in the magistrate's own court or appear in any matter as to which that magistrate has exercised any jurisdiction.
Amended by 2022 Ga. Laws 726,§ 1, eff. 7/1/2022.
Amended by 2019 Ga. Laws 227,§ 3, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 2 - MAGISTRATES (§§ 15-10-20 — 15-10-27) › Section 15-10-23.1 - Monthly contingent expense allowance for the operation of the magistrate court

In addition to any salary, fees, or expenses now or hereafter provided by law, unless a magistrate waives such expenses in writing, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of magistrate court, and payable from county funds, a monthly expense allowance to each magistrate of not less than the amount fixed in the following schedule:
Population
Minimum Monthly Expenses
0 - 11,889..............................................................................
$ 100.00
11,890 - 74,999.......................................................................
200.00
75,000 - 249,999.....................................................................
300.00
250,000 - 499,999...................................................................
400.00
500,000 or more......................................................................
500.00
Amended by 2015 Ga. Laws 9,§ 15, eff. 3/13/2015.
Amended by 2006 Ga. Laws 851,§ 2, eff. 7/1/2006.
Added by 2001 Ga. Laws 291, § 9, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 2 - MAGISTRATES (§§ 15-10-20 — 15-10-27) › Section 15-10-24 - Discipline, removal, and involuntary retirement

Magistrates shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission in accordance with Article VI, Section VII, Paragraph VII of the Constitution.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 2 - MAGISTRATES (§§ 15-10-20 — 15-10-27) › Section 15-10-25 - Training requirements; payment of training costs

(a)
All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter. All senior magistrates shall periodically satisfactorily complete a training course as provided in Code Section
15-10-223
.
(b)
The Georgia Magistrate Courts Training Council shall keep records of training completed by magistrates and senior magistrates.
(c)
Subject to the provision of Code Section
15-10-24
, if any magistrate or senior magistrate does not satisfactorily complete the required training in any year, the Georgia Magistrate Courts Training Council shall promptly notify the Judicial Qualifications Commission which shall recommend removal of the magistrate from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the magistrate or senior magistrate.
(d)
The reasonable costs and expenses of such training shall be paid by the county governing authority from county funds.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 2 - MAGISTRATES (§§ 15-10-20 — 15-10-27) › Section 15-10-26 - Conflicts between local ordinances and local Acts

In any case in which action is authorized under this chapter to be taken by local Act or local ordinance, no local ordinance shall be enacted which is inconsistent with a local Act.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 2 - MAGISTRATES (§§ 15-10-20 — 15-10-27) › Section 15-10-27 - Continuation of certain county civil court officials as magistrate court officials

(a)
With respect to any county in which there exists a civil court of the county continued in existence by Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution and in which there are as of June 30, 1983, no officers who will become magistrates pursuant to Code Section
15-10-120
, the provisions of this Code section shall control over any other conflicting provisions of this chapter.
(b)
In any county subject to this Code section the judge of such civil court shall serve as chief magistrate for a term of office concurrent with his term as judge of civil court. The chief judge of superior court of any such county shall fix the compensation to be received by the chief magistrate for his services as chief magistrate, and such compensation may be less than the minimum salary otherwise specified by this chapter.
(c)
In any county subject to this Code section the clerk of civil court shall serve as clerk of magistrate court and the sheriff and deputies of civil court shall serve as constables of magistrate court.
(d)
A civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-40 - Applicability of article

This article shall govern civil proceedings in the magistrate court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-41 - No jury trials; appeal

(a)
There shall be no jury trials in the magistrate court.
(b)
(1)
Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Chapter 3 of Title 5 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. The provisions of Chapter 3 of Title 5 shall also apply to appeals to state court.
(2)
No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial. Any voluntary dismissal by the plaintiff or by order of the court for want of prosecution shall be without prejudice except that the filing of a second such dismissal shall operate as an adjudication upon the merits. Review, including review of a denial of a postjudgment motion to vacate a judgment, shall be by petition for review to the state court of that county or to the superior court of that county. Upon a reversal of a default judgment or reversal of a refusal to open a default judgment, the magistrate court shall retain jurisdiction to hear the merits of the case de novo.
Amended by 2024 Ga. Laws 424,§ 4, eff. 4/22/2024.
Amended by 2022 Ga. Laws 875,§ 2-9, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Amended by 2008 Ga. Laws 720,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-42 - Applicability of the Civil Practice Act

Except as provided in subsection (g) of Code Sections
15-10-43
and
15-10-50
, proceedings in the magistrate court shall not be subject to Chapter 11 of Title 9, the "Georgia Civil Practice Act."
Amended by 2014 Ga. Laws 586,§ 4, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-44 - Trial procedure

(a)
The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall counsel the parties to make an earnest effort to settle the controversy by conciliation. If the parties fail to settle their differences without a trial, the judge shall proceed with the hearing on its merits.
(b)
The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice.
(c)
If the plaintiff fails to appear, the action may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-45 - Compulsory and permissive counterclaims

(a)
If any defendant has a counterclaim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim, which counterclaim does not require for its adjudication the presence of third parties over whom the court cannot obtain jurisdiction, such counterclaim shall be asserted by the defendant at or before the hearing on the plaintiff's claim or thereafter be barred.
(b)
If any defendant has a counterclaim against the plaintiff other than a compulsory counterclaim described in subsection (a) of this Code section, such counterclaim may be asserted by the defendant at or before the hearing on the plaintiff's claim.
(c)
If any defendant asserts a counterclaim against the plaintiff, the defendant shall file with the court a statement of the counterclaim in concise form and free from technicalities. The defendant's counterclaim shall give the plaintiff reasonable notice of the basis for each claim contained in the counterclaim. The defendant shall sign the counterclaim. At the request of a defendant, the judge or clerk may prepare the counterclaim. Verification of a counterclaim shall not be required.
(d)
If the amount of a counterclaim exceeds the jurisdictional limits of the magistrate court, the case shall be transferred to any court of the county which has jurisdictional limits which exceed the amount of the counterclaim. If there is more than one court to which the action may be transferred, the parties may agree on the court to which the action shall be transferred, and, in the absence of any agreement, the judge of the magistrate court shall determine the court to which the action shall be transferred. If there is no other court to which the action may be transferred, it shall be transferred to the superior court of the county.
(e)
A counterclaim may in the discretion of the magistrate be tried either separately or jointly with the plaintiff's claim.
Amended by 2013 Ga. Laws 173,§ 4, eff. 7/1/2013.
Amended by 2008 Ga. Laws 720,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-46 - Ordering deferred partial payment of judgment

(a)
When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is fully and completely satisfied.
(b)
The judge of the magistrate court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby, not to exceed 10 percent of each payment.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-47 - Effect, recordation, execution, and enforcement of money judgments; fee for recordation

(a)
Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts.
(b)
Upon the issuance of any execution by the magistrate court, the clerk of the magistrate court shall immediately transmit a copy of the execution to the clerk of superior court of the county. The fee of the clerk of superior court for recording the execution on the general execution docket shall be charged and collected by the magistrate court contemporaneously with or prior to the issuance of the execution but not before the entry of judgment in the action; and such fee shall be transmitted by the clerk of magistrate court to the clerk of superior court together with the copy of the execution. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court, without the necessity of any action by the plaintiff in fi. fa.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-48 - Form of statement of claim, verification, and notice

The statement of claim, verification, and notice shall be in substantially the following form:
Magistrate Court of __________________ County
State of Georgia
__________________
Plaintiff
__________________
Address
v.
__________________
Defendant
Statement of Claim
(Here the plaintiff or, at his or her request, the court will insert a brief statement of the plaintiff's claim or claims giving the defendant reasonable notice of the basis for each claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his or her agent as follows:)
STATE OF GEORGIA
COUNTY OF __________________
__________________, being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.
__________________
Plaintiff or agent
Sworn and subscribed
before me this __________________ day
of __________________, __________________.
__________________
Notary public
or attesting
official
Notice
TO: __________________
Defendant
__________________
Home Addressor
__________________
Business Address
You are hereby notified that __________________ has made a claim and is requesting judgment against you in the sum of __________________ dollars ($ __________________), as shown by the foregoing statement. The court will hold a hearing upon this claim at (address of court) at a time to be set after your answer is filed.
YOU ARE REQUIRED TO FILE OR PRESENT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE.
If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing.
If you wish to have witnesses summoned, see the court at once for assistance.
If you have any claim against the plaintiff, you should notify the court at once.
If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.
You may come with or without an attorney.
__________________
Magistrate of
__________________ County
Amended by 2008 Ga. Laws 720,§ 4, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-49 - Procedure in attachment, garnishment, dispossessory, and distress warrant proceedings

(a)
Procedure in attachment cases shall be subject to Chapter 3 of Title 18, except that there shall be no prejudgment attachment granted in the magistrate court.
(b)
Procedure in garnishment cases shall be subject to Chapter 4 of Title 18.
(c)
Procedure in dispossessory proceedings and in distress warrant proceedings shall be subject to Articles 3 and 4 of Chapter 7 of Title 44.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-51 - Authorizing clerks to sign notices and summonses

The chief magistrate of each county may, by local rule of court, authorize the clerk of the magistrate court or one or more deputy clerks of the court to sign any notice or summons in any civil action pending in the court.