Civil Procedure (8)

Date of Last Recorded Action: 4/25/2024

HB 0024 NeutralEvidence Code Rewrite Willard,Wendell 49th
5/3/2011 House Date Signed by Governor Judy JUDY -
Civil Procedure Criminal Procedure Debra Nesbit Public Safety and Courts

This bill re-writes and modernizes Georgia's nearly 150 year old evidence code.  The new language largely tracks the Federal Rules of Evidence and applies to any motion, hearing or trial in Georgia's state courts on or after January 1, 2013.

The bill rewrites Title 24. It also modifies, in part, Titles 7-10, 14-17, 20, 22, 26, 28, 29, 31, 33-37, 40, 42-46, 48-50, 52, & 53.

HB 0284 NegotiatingStatewide Process Server Certification - Removal of Sheriff's Approval Powell,Jay 171st
4/14/2011 House Withdrawn, Recommitted Judy --
Civil Procedure Debra Nesbit Public Safety and Courts Sheriff

Under current law, the sheriff has the option of whether to allow private process servers to serve certain court papers in the county. To become a certified process server, a person must file an application with the sheriff. The sheriff has to approve a process server to operate in the county.

HB 284 removes the sheriff's authority to decide whether private process servers can serve papers in the county. The applications will now be handled by the Administrative Office of the Courts.

HB 0683 SupportAuthorize Non-Attorneys to Answer Garnishment Proceedings Willard,Wendell 49th
2/7/2012 House Date Signed by Governor Judy JUDY -
Civil Procedure General County Government Shaun Adams

HB 683 allows the county and other employers to designate someone other than an attorney to file an answer to a garnishment filed against an employee. This bill was introduced in response to a recent court decision that said that using non-lawyers to file an answer constitutes the illegal practice of law. The bill would also allow the designated person to pay into the court the funds required by the garnishment. HB 683 was signed by the Governor and became effective February 7, 2012.

HB 0711 NeutralEvidence; privileges; change provisions Lindsey,Edward 54th
4/16/2012 House Date Signed by Governor Judy JUDY -
Civil Procedure Criminal Procedure Debra Nesbit General County Government Public Safety and Courts
Shaun Adams

This bill would provide a privilege to communications between victims who receive services from certain family violence and rape crisis centers and the employees or volunteers who provide services.

HB 0763 SupportClarification of Eligibility of Certain Persons to Serve as Trial or Grand Jurors Atwood,Alex 179th
3/14/2012 Senate Read Second Time Judy JUDY -
Civil Procedure Criminal Procedure Debra Nesbit Public Safety and Courts

HB 763 would not allow individuals who have been convicted of a felony to serve as a juror unless the person has had their civil rights restored.

HB 0822 SupportGeorgia Taxpayer Protection False Claims Act Lindsey,Edward 54th
4/16/2012 House Date Signed by Governor Judy H&HS -
Civil Procedure General County Government Shaun Adams

HB 822 establishes a procedure in equity that could be used whenever someone makes a false or fraudulent claim for payment from the state or a county or fails to deliver all or any property owed to the state or a county to the state or county. It allows the Attorney General to initiate an investigation or to delegate the investigation to the district attorney "or other appropriate official of a local government."  If the Attorney General finds that a violation occurred, he may either initiate a civil action or give the local government the authority to initiate a civil action.  Private citizens may also initiate a proceeding on the county's behalf. A private person winning such a case may be awarded between 25% and 35% of the proceeds of the action.  The civil penalty is between $5,000 and $11,000 plus three times the amount of damages that the county sustains because of the fraud. This bill is similar to existing state Medicaid fraud law and brings the state law into compliance with federal Medicaid fraud law. Effective July 1, 2012 pending signature by the Governor. 

HR 0023 N/ALaws; Congress ratify amendment relating to adoption and challenge; urge Franklin,Bobby 43rd
1/24/2011 House Second Readers Judy --
Civil Procedure General County Government Todd Edwards
SB 0193 NeutralCivil Practice; update administrative provisions; reimbursement to counties for habeas corpus costs Grant,Johnny 25th
5/11/2011 Senate Date Signed by Governor Judy JUDY -
Civil Procedure Criminal Procedure Debra Nesbit Public Safety and Courts

This bill transfers duties regarding reimbursement to counties for certain habeas corpus cases previously held by the administrative services commissioner to the Council of Superior Court Judges.

Green background on status indicates a bill has been acted on the last recorded legislative day.








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