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2018 Georgia Code 15-10-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-10-40 Case Law from Google Scholar Amendments to OCGA 15-10-40

TITLE 15 COURTS

Section 10. Magistrate Courts, 15-10-1 through 15-10-263.

ARTICLE 3 CIVIL PROCEEDINGS

15-10-40. Applicability of article.

This article shall govern civil proceedings in the magistrate court.

(Code 1981, §15-10-40, enacted by Ga. L. 1983, p. 884, § 2-1.)

Law reviews.

- For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986).

JUDICIAL DECISIONS

Voluntary dismissal rule did not apply in magistrate court.

- Trial court erred in relying on O.C.G.A. § 9-11-41 in finding that a tenant failed to object to the landlord's voluntary dismissal of its magistrate court dispossessory action, resulting in the dismissal of the tenant's counterclaim to that action; the Civil Practice Act, O.C.G.A. § 9-11-1 et seq., did not apply to magistrate court suits, O.C.G.A. §§ 15-10-40 and15-10-42, and there was nothing to indicate that the magistrate court opted to follow the Civil Practice Act as permitted by O.C.G.A. § 15-10-44. Howell v. Beauly, LLC, 337 Ga. App. 898, 789 S.E.2d 214 (2016).

Cases Citing O.C.G.A. § 15-10-40

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Howe v. Roberts, 385 S.E.2d 276 (Ga. 1989).

Cited 14 times | Published | Supreme Court of Georgia | Nov 1, 1989 | 259 Ga. 617

...A § 15-10-42. However, we disagree that the magistrate court had no authority for allowing the amendment. Both the majority and dissent in the Court of Appeals recognize that some procedural rules, other than those limited matters set forth in OCGA § 15-10-40 et seq., none of which pertain to amendments to add parties to the main claim [5] must apply to magistrate court proceedings. The Court of Appeals majority apparently determined that, other than those matters specifically addressed by OCGA § 15-10-40 et seq., the "general rights" in common law practice pre-existing the Civil Practice Act are to be applied in magistrate court....