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2018 Georgia Code 15-1-9 | Car Wreck Lawyer

TITLE 15 COURTS

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

15-1-9. When judge not disqualified.

Any judge, irrespective of his relationship to a party to the case or his interest in the case, shall be qualified to try any civil case in his court where there is no defense filed in the case, except where either party to the case objects to the related judge.

(Ga. L. 1933, p. 187, § 1; Code 1933, § 24-111.)

Cross references.

- Pleadings and motions generally, § 9-11-7 et seq.

Default judgments generally, § 9-11-55.

JUDICIAL DECISIONS

Cited in Georgia Power Co. v. Watts, 184 Ga. 135, 190 S.E. 654 (1937); Calhoun ex rel. Chapman v. Gulf Oil Corp., 189 Ga. 414, 5 S.E.2d 902 (1939).

RESEARCH REFERENCES

ALR.

- Affidavit to disqualify judge as contempt, 29 A.L.R. 1273.

Residence or ownership of property in city or other political subdivision which is party to or interested in action as disqualifying judge, 33 A.L.R. 1322.

Necessity as justifying action by judicial or administrative officer otherwise disqualified to act in particular case, 39 A.L.R. 1476.

Constitutionality of statute making mere filing of affidavit of bias or prejudice sufficient to disqualify judge, 46 A.L.R. 1179.

Right of judge not legally disqualified to decline to act in legal proceeding upon personal grounds, 96 A.L.R. 546.

Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.

Disqualification of judge in pending case as subject to revocation or removal, 162 A.L.R. 641.

Interest of judge in an official or representative capacity, or relationship of judge to one who is a party in an official or representative capacity, as disqualification, 10 A.L.R.2d 1307.

Relationship to attorney as disqualifying judge, 50 A.L.R.2d 143.

Time for asserting disqualification of judge, and waiver of disqualification, 73 A.L.R.2d 1238.

Intervenor's right to disqualify judge, 92 A.L.R.2d 1110.

Disqualification of judge for having decided different case against litigant, 21 A.L.R.3d 1369.

Disqualification of judge because of his or another's holding or owning stock in corporation involved in litigation, 25 A.L.R.3d 1331.

Disqualification of original trial judge to sit on retrial after reversal or mistrial, 60 A.L.R.3d 176.

Disqualification of judge, justice of the peace, or similar judicial officer for pecuniary interest in fines, forfeitures, or fees payable by litigants, 72 A.L.R.3d 375.

Waiver or loss of right to disqualify judge by participation in proceedings - modern state civil cases, 24 A.L.R.4th 870.

Disqualification of judge for bias against counsel or litigant, 54 A.L.R.5th 575.

Prior representation or activity as prosecuting attorney as disqualifying judge from sitting or acting in criminal case, 85 A.L.R.5th 471.

Disqualification of judge for having decided different case against litigant - state cases, 85 A.L.R.5th 547.

Cases Citing Georgia Code 15-1-9 From Courtlistener.com

Total Results: 18

Williams v. Heard

Court: Supreme Court of Georgia | Date Filed: 2017-09-13

Citation: 302 Ga. 114, 805 S.E.2d 1, 2017 Ga. LEXIS 773

Snippet: senior judge.” Ga. L. 1991, p. 611, § 2. But OCGA § 15-1-9.3 was not enacted until 1992. See Ga. L. 1992,

Widner v. State

Court: Supreme Court of Georgia | Date Filed: 2006-06-26

Citation: 631 S.E.2d 675, 280 Ga. 675, 2006 Fulton County D. Rep. 1961, 2006 Ga. LEXIS 459

Snippet: properly designated to do so pursuant to OCGA § 15-1-9.1 (b) (1),2 which allows a superior court to request

Moreland v. State

Court: Supreme Court of Georgia | Date Filed: 2005-09-19

Citation: 619 S.E.2d 626, 279 Ga. 641, 2005 Fulton County D. Rep. 2863, 2005 Ga. LEXIS 517

Snippet: the trial was not properly appointed under OCGA § 15-1-9.1(b)(2). This issue was first raised on motion

McGuire Properties, Inc. v. Byers

Court: Supreme Court of Georgia | Date Filed: 2004-06-28

Citation: 278 Ga. 139, 598 S.E.2d 500

Snippet: and White acted in this case pursuant to OCGA§ 15-1-9.1 (b) (2) (D). McGuire contends that they thus

Earl v. Mills

Court: Supreme Court of Georgia | Date Filed: 2004-06-28

Citation: 598 S.E.2d 480, 278 Ga. 128, 2004 Fulton County D. Rep. 2123, 2004 Ga. LEXIS 525

Snippet: this appeal and was entered pursuant to OCGA § 15-1-9.1(b)(2), which governs the means by which a court

Smith v. Guest Pond Club, Inc.

Court: Supreme Court of Georgia | Date Filed: 2003-09-15

Citation: 586 S.E.2d 623, 277 Ga. 143, 2003 Fulton County D. Rep. 2714, 2003 Ga. LEXIS 720, 2003 WL 22146380

Snippet: 261 Ga. at 620, 409 S.E.2d 36. [6] See OCGA § 15-1-9.1(b)(2) (permitting the chief judge of a particular

Strozier v. State

Court: Supreme Court of Georgia | Date Filed: 2003-09-15

Citation: 586 S.E.2d 309, 277 Ga. 78, 2003 Fulton County D. Rep. 2748, 2003 Ga. LEXIS 718

Snippet: presided over the trial was insufficient under OCGA § 15-1-9.2(b).[3] Strozier's claim of the insufficiency

Lewis v. McDougal

Court: Supreme Court of Georgia | Date Filed: 2003-07-10

Citation: 583 S.E.2d 859, 276 Ga. 861, 2003 Fulton County D. Rep. 2185, 2003 Ga. LEXIS 626

Snippet: of Appeals relied upon the provisions of OCGA § 15-1-9.1(f), setting out what a designation of a judge

Earl v. Mills

Court: Supreme Court of Georgia | Date Filed: 2002-09-30

Citation: 570 S.E.2d 282, 275 Ga. 503, 2002 Fulton County D. Rep. 2806, 2002 Ga. LEXIS 875

Snippet: established by a standing order issued pursuant to OCGA § 15-1-9.1(b)(2)(D) by appellee Frank C. Mills III, chief

Lucas v. Lucas

Court: Supreme Court of Georgia | Date Filed: 2000-11-30

Citation: 539 S.E.2d 807, 273 Ga. 240

Snippet: *242serve in superior court comports with OCGA § 15-1-9.1 (b) (2) (D), providing for the permanent assistance

DeKalb County v. Adams

Court: Supreme Court of Georgia | Date Filed: 2000-05-01

Citation: 272 Ga. 401, 529 S.E.2d 610, 2000 Fulton County D. Rep. 1606, 2000 Ga. LEXIS 337

Snippet: of the case to Judge Nation pursuant to OCGA § 15-1-9.1. See also USCR 25.4 (C). 2. DeKalb contends the

Smith v. Langford

Court: Supreme Court of Georgia | Date Filed: 1999-06-14

Citation: 518 S.E.2d 884, 271 Ga. 221, 99 Fulton County D. Rep. 2231, 1999 Ga. LEXIS 582

Snippet: and also denied Smith's request to find OCGA §§ 15-1-9.2[2] and *886 47-8-61[3] unconstitutional. We affirm

Jersawitz v. Riley

Court: Supreme Court of Georgia | Date Filed: 1998-05-26

Citation: 500 S.E.2d 579, 269 Ga. 546

Snippet: entire Fulton County judiciary. Pursuant to OCGA § 15-1-9.1, Chief Judge Carnes of the State Court of Fulton

Bridges v. State

Court: Supreme Court of Georgia | Date Filed: 1997-11-24

Citation: 492 S.E.2d 877, 268 Ga. 700, 97 Fulton County D. Rep. 4255, 1997 Ga. LEXIS 744

Snippet: 268 Ga. 468 (491 SE2d 54) (1997). See OCGA § 15-1-9.1. See Massey v. State, 265 Ga. 632 (458 SE2d

Massey v. State

Court: Supreme Court of Georgia | Date Filed: 1995-07-10

Citation: 458 S.E.2d 818, 265 Ga. 632

Snippet: Magistrate of Fulton County pursuant to OCGA § 15-1-9.1 to assist the superior court. Prior to the commencement

Potts v. Zant

Court: Supreme Court of Georgia | Date Filed: 1993-12-03

Citation: 263 Ga. 634, 437 S.E.2d 325, 93 Fulton County D. Rep. 4349, 1993 Ga. LEXIS 833

Snippet: judge to whom it was assigned pursuant to OCGA § 15-1-9.1 (b) (3).1 Recognizing that a number of jurisdictions

Troncone v. Troncone

Court: Supreme Court of Georgia | Date Filed: 1991-10-18

Citation: 409 S.E.2d 516, 261 Ga. 662, 1991 Ga. LEXIS 819

Snippet: compliance with Georgia Law 1983, Code Section 15-1-9.1. Let the original Request be filed with the

Cramer v. County of Spalding

Court: Supreme Court of Georgia | Date Filed: 1991-09-26

Citation: 409 S.E.2d 30, 261 Ga. 570, 1991 Ga. LEXIS 423

Snippet: assistant solicitor—OCGA § 15-7-25(a) and OCGA § 15-1-9.1(b), Unif.Superior Ct. R. 42.1, and the inherent