O.C.G.A. § 15-10-44 (2019)
Trial procedure
(a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall counsel the parties to make an earnest effort to settle the controversy by conciliation. If the parties fail to settle their differences without a trial, the judge shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the action may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
History
Code 1981, § 15-10-44, enacted by Ga. L. 1983, p. 884, § 2-1.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code Sections 15-10-94 through 15-10-97 and 15-10-111 or predecessors thereof, pertaining to subpoenas, time of trial, continuances, and other procedural matters relating to justice courts are included in the annotations for this Code section. See Editor’s notes at beginning of chapter. Magistrate courts may follow Civil Practice Act. - Language of O.C.G.A. § 15-10-42, that magistrate courts are not subject to the Civil Practice Act, O.C.G.A. § 9-11-1 et seq., must be read to permit, rather than require, magistrate courts to follow the provisions of the Civil Practice Act, or any other appropriate rules and regulations relating to pleading, practice, and procedure, when to do so would ‘‘administer justice’’ under O.C.G.A. § 15-10-44. Howe v. Roberts, 259 Ga. 617, 385 S.E.2d 276 (1989). 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). When notice to parties not required. - Notice to parties not required when pending case, suspended to permit settlement by parties, is to be tried. Bostain v. Morris & Bro., 93 Ga. 224, 18 S.E. 649 (1893) (decided under former law). When parole evidence admissible. - Parol evidence is admissible to show that court was in session when judgment was rendered in absence of docket entries to contrary. Baker v. Thompson & Scott, 89 Ga. 486, 15 S.E. 644 (1892) (decided under former law). Summons specifies appearance and answer date in justice of the peace courts. Hines v. Wingo, 120 Ga. App. 614, 171 S.E.2d 905 (1969) (decided under former law). Defendant not entitled to continuance as matter of right. Williams v. Fain & Stamps, 2 Ga. App. 136, 58 S.E. 307 (1907) (decided under former law). Promise of magistrate out of court to continue case is no defense to judgment subsequently rendered. Ballard Transf. Co. v. Clark, 91 Ga. 234, 18 S.E. 138 (1892); Atlantic Coast Line R.R. v. Cohn & Co., 4 Ga. App. 854, 62 S.E. 572 (1908) (decided under former law). Erroneous answer as to continuance is not a defense to judgment. Watkins v. Ellis, 105 Ga. 796, 32 S.E. 131 (1898) (decided under former law).
No injunction for reliance on person purporting to be clerk. - If person purporting to act as clerk of court informed party that case would not be tried at certain term, and judgment was issued, equity will not enjoin levy of execution issued thereon. Park v. Callaway, 128 Ga. 119, 57 S.E. 229 (1907) (decided under former law). Continuance granted for more than ten days does not put case out of court. Wolff & Bro. v. Marietta Paper Mfg. Co., 61 Ga. 463 (1878) (decided under former law). Continuance refused if needed to perfect service. Western & Atl. R.R. v. Pitts, 79 Ga. 532, 4 S.E. 921 (1887) (decided under former law). Continuance refused if attorney has not prepared case. Futch v. Quinn-Marshall Co., 14 Ga. App. 692, 82 S.E. 55 (1914) (decided under former law). Defense need not be in writing or verified. Booz v. Batty, 94 Ga. 669, 21 S.E. 848 (1894); Morgan v. Prior, 110 Ga. 791, 36 S.E. 75 (1900); Montgomery v. Fouche, 125 Ga. 43, 53 S.E. 767 (1906); Smith v. Chivers, 6 Ga. App. 154, 64 S.E. 493 (1909) (decided under former law). Failure to mark pleas filed does not result in loss of defendant’s rights to be heard. Sanders v. Mathewson, 121 Ga. 302, 48 S.E. 946 (1904) (decided under former law). Failure to file plea at first term is not waived by plaintiff who contests merits of case. Hodges & Daniel v. Rogers, 115 Ga. 951, 42 S.E. 251 (1902) (decided under former law). Former Civil Code 1895, § 4134 did not apply to open accounts. Barnes v. Coker, 112 Ga. 137, 37 S.E. 104 (1900) (decided under former law). Former Civil Code 1895, § 4134 did not apply to conditional contracts. Lewis v. Nevils & Rushing, 97 Ga. 744, 25 S.E. 409 (1896); O’Connor v. United States, 11 Ga. App. 246, 75 S.E. 110 (1912) (decided under former law). Former Civil Code 1895, § 4134 did apply to action on order drawn by municipality upon its own treasurer. Morgan v. Mayor of Cohutta, 120 Ga. 423,
47 S.E. 971 (1904) (decided under former law). Motion to establish lost papers. - Copies of lost papers belonging to or pertaining to a suit pending in court may be established on motion; and it is not indispensably essential to the validity of an order of court establishing lost papers that a formal rule nisi should issue or that the opposite party should be served with notice of the proceeding. Southern Fertilizer & Chem. Co. v. Kirby, 52 Ga. App. 688, 184 S.E. 363 (1936) (decided under former law). Presumption that sufficient evidence produced for a lost paper. - If it does not appear what evidence was introduced in the justice of the peace court in establishing a lost paper, the presumption arises, from the proceedings and the judgment thereon, that sufficient evidence was produced. Humphrey v. Johnson, 143 Ga. 703, 85 S.E. 830 (1915) (decided under former law). Copies of lost papers for pending suit may be established instanter on motion; and it is not indispensably essential to the validity of an order of court establishing lost papers that a formal rule nisi should issue, or that the opposite party should be served with notice of the proceeding. Southern Fertilizer & Chem. Co. v. Kirby, 52 Ga. App. 688, 184 S.E. 363 (1936) (decided under former law). Copy of affidavit and warrant may be established before justice of the peace. Davis v. State, 58 Ga. 170 (1877) (decided under former law). Verdict and judgment may be established. Humphrey v. Johnson, 143 Ga. 703, 85 S.E. 830 (1915) (decided under former law). Cited in Smith v. Ferrario, 105 Ga. 51, 31 S.E. 38 (1898); Williams v. Fain & Stamps, 2 Ga. App. 136, 58 S.E. 307 (1907); Smith v. Chivers, 6 Ga. App. 154, 64 S.E. 493 (1909); Bowers v. Williams, 17 Ga. App. 779, 88 S.E. 703 (1916); Bettie v. Daniel Bros. Co., 175 Ga. 349, 165 S.E. 265 (1932); Knighton v. Alexander, 81 Ga. App. 565, 59 S.E.2d 409 (1950); City of Chamblee v. Bridges, 229 Ga. 304, 190 S.E.2d 914 (1972); Target Nat’l Bank v. Luffman, 324 Ga. App. 442, 750 S.E.2d 750 (2013).