O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-10-40 (2019)

Applicability of article

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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This article shall govern civil proceedings in the magistrate court.

History

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

Annotations

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 and 15-10-42, 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).

Notes of Decisions
Cited in 3 cases, 1989–2016 · leading case: Howe v. Roberts, 385 S.E.2d 276 (Ga. 1989).
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Howe v. Roberts, 385 S.E.2d 276 (Ga. 1989). · cites it 4× “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.”
Howell v. Beauly, LLC, 789 S.E.2d 214 (Ga. Ct. App. 2016). · cites it 2× “Rather, OCGA § 15-10-40 expressly provides: “This article shall govern civil proceedings in the magistrate court.”
Howe v. Roberts, 381 S.E.2d 117 (Ga. Ct. App. 1989). · cites it 6× “However, the legislature has determined that it is the provisions of OCGA § 15-10-40 et seq. which “shall govern civil proceedings in the magistrate court” and that such proceedings “shall not be subject to Chapter 11 of Title 9, the ‘Civil Practice Act.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.