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2018 Georgia Code 15-1-10 | Car Wreck Lawyer

TITLE 15 COURTS

Section 1. General Provisions, 15-1-1 through 15-1-22.

15-1-10. Removal of court records; storage.

  1. No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered, by order of the court, or as otherwise provided in this Code section.
  2. Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section 15-6-86 or subsection (c) of this Code section.
  3. With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b) and (c) of Code Section 15-6-62, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section 15-6-62, 15-6-62.1, 15-6-86, or 15-6-87.

(Orig. Code 1863, § 201; Code 1868, § 195; Code 1873, § 207; Code 1882, § 207; Civil Code 1895, § 4048; Civil Code 1910, § 4645; Code 1933, § 24-108; Ga. L. 1997, p. 925, § 1; Ga. L. 2005, p. 1505, § 1/HB 254; Ga. L. 2012, p. 173, § 2-2/HB 665.)

JUDICIAL DECISIONS

Carrying of original papers and records from one court to another should be condemned and checked by the judges of the superior court. Rogers v. Tillman, 72 Ga. 479 (1884).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 27.

C.J.S.

- 21 C.J.S., Courts, § 248.

Cases Citing Georgia Code 15-1-10 From Courtlistener.com

Total Results: 4

MOORE v. THE STATE (Two Cases)

Court: Supreme Court of Georgia | Date Filed: 2021-05-17

Snippet: court considered the factors set out in OCGA § 15-1-10.1 (b).3 However, Milbourne cites 2 Milbourne’s

MORRIS COMMUNICATIONS, LLC v. Griffin

Court: Supreme Court of Georgia | Date Filed: 2005-10-11

Citation: 620 S.E.2d 800, 279 Ga. 735, 33 Media L. Rep. (BNA) 2394, 2005 Fulton County D. Rep. 3138, 2005 Ga. LEXIS 661

Snippet: pursuant to the standards set forth in OCGA § 15-1-10.1." Under that Code section, when considering a

Smith v. Gwinnett County

Court: Supreme Court of Georgia | Date Filed: 1999-01-11

Citation: 510 S.E.2d 525, 270 Ga. 424, 99 Fulton County D. Rep. 241, 1999 Ga. LEXIS 16

Snippet: trial court's decision in that regard. OCGA § 15-1-10.1(b)(2) provides that the consent or objection

WALB-TV, INC. v. Gibson

Court: Supreme Court of Georgia | Date Filed: 1998-07-06

Citation: 501 S.E.2d 821, 269 Ga. 564, 26 Media L. Rep. (BNA) 2390, 98 Fulton County D. Rep. 2381, 1998 Ga. LEXIS 737

Snippet: the request and WALB-TV appeals.[2] 1. OCGA § 15-1-10.1 sets forth standards courts are to consider in