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2018 Georgia Code 15-2-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-2-4 Case Law from Google Scholar Amendments to OCGA 15-2-4

TITLE 15 COURTS

Section 2. Supreme Court, 15-2-1 through 15-2-47.

ARTICLE 1 GENERAL PROVISIONS

15-2-4. Place of sessions; terms of court.

  1. The Supreme Court shall sit at the seat of government.
  2. Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows:
    1. December term beginning the first Monday in December;
    2. April term beginning the first Monday in April; and
    3. August term beginning the first Monday in August.
  3. Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the August term shall end on November 18, the December term shall end on March 31, and the April term shall end on July 17. No judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of first-term cases may be made during nonterm periods.

(Laws 1845, Cobb's 1851 Digest, p. 448; Code 1863, § 3158; Code 1868, § 3170; Code 1873, § 3238; Code 1882, § 3238; Ga. L. 1884-85, p. 45, § 1; Civil Code 1895, § 5494; Civil Code 1910, § 6099; Code 1933, § 24-3801; Ga. L. 1935, p. 161, § 1; Ga. L. 1983, p. 956, § 1; Ga. L. 1991, p. 430, § 1; Ga. L. 1993, p. 360, § 1; Ga. L. 2000, p. 1, § 1; Ga. L. 2016, p. 883, § 5-1/HB 927.)

The 2016 amendment, effective December 5, 2016, in subsection (b), substituted "December" for "January" twice in paragraph (b)(1), substituted "first Monday" for "third Monday" in paragraph (b)(2), and substituted "August" for "September" twice in paragraph (b)(3); and substituted "August term shall end on November 18, the December term shall end on March 31, and the April term shall end on July 17" for "September term shall end on December 16, the January term shall end on April 14, and the April term shall end on July 31" in the first sentence of subsection (c).

Editor's notes.

- Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"

Ga. L. 2016, p. 883, § 6-1(e)/HB 927, not codified by the General Assembly, provides that: "Part V of this Act shall become effective on December 5, 2016, and upon such date the December term of court shall begin as provided by this Act; provided, however, that the term of court which began on the first Monday in September, 2016, under the former provisions of Code Section 15-2-4 shall end on December 16, 2016."

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016).

JUDICIAL DECISIONS

Rulemaking authority.

- Supreme Court has the authority under the Constitution to determine cases under such regulations as are prescribed by it. This was so because former Ga. Const. 1945, Art. VI, Sec. II, Para. VII, prevailed over this section. Fuller v. State, 232 Ga. 581, 208 S.E.2d 85 (1974).

Although former Ga. Const. 1945, Art. VI, Sec. II, Para. VII, relied upon in Fuller v. State, 232 Ga. 581, 208 S.E.2d 85 (1974), was not included in either the 1976 or the 1983 Constitution, the Supreme Court still may establish under the Supreme Court's inherent power whatever rules are necessary to determine the cases which come before the court. Shore v. Shore, 253 Ga. 183, 318 S.E.2d 57 (1984).

Power to suspend rules.

- Inherent power to make rules includes the concomitant power to suspend the rules in an appropriate case, enabling the Supreme Court to decide a case within the last 15 days of a term. Shore v. Shore, 253 Ga. 183, 318 S.E.2d 57 (1984).

Cited in Kinney v. Crow, 186 Ga. 851, 199 S.E. 198 (1938); Ramsey v. State, 212 Ga. 381, 92 S.E.2d 866 (1956); Tamplin v. State, 235 Ga. 774, 221 S.E.2d 455 (1975); R.J. v. State, 143 Ga. App. 213, 237 S.E.2d 691 (1977); Haygood v. City of Doraville, 256 Ga. 566, 350 S.E.2d 766 (1986); Stuckey v. Richardson, 188 Ga. App. 147, 372 S.E.2d 458 (1988); Namik v. Wachovia Bank of Ga., 279 Ga. 250, 612 S.E.2d 270 (2005); Gordon v. Dennis, Ga. App. , 817 S.E.2d 561 (2018).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 16 et seq.

C.J.S.

- 21 C.J.S., Courts, § 164 et seq.

ALR.

- Validity of court's judgment rendered on Sunday or holiday, 85 A.L.R.2d 595.

Cases Citing O.C.G.A. § 15-2-4

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Gwinnett Cnty. Sch. Dist. v. Cox, 710 S.E.2d 773 (Ga. 2011).

Cited 14 times | Published | Supreme Court of Georgia | May 16, 2011 | 289 Ga. 265, 2011 Fulton County D. Rep. 1734

...See The No Child Left Behind Act of 2001, 20 USC § 7215(a)(23), (c). See also, e.g., the single-gender schools in the Atlanta Public Schools system. http://www.atlantapublicschools.us/XXXXXXXXXXXXXXXXXX/site/default.asp [12] The Court's extension of its January 2011 Term with respect to this case, pursuant to OCGA § 15-2-4(b), has ensured that there is adequate time for the Court to consider the issues and opinions presented as well as any motions for reconsideration that may be filed....
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Haney v. Dev. Auth. of Bremen, 519 S.E.2d 665 (Ga. 1999).

Cited 14 times | Published | Supreme Court of Georgia | Jul 8, 1999 | 271 Ga. 403, 99 Fulton County D. Rep. 2504

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Shore v. Shore, 318 S.E.2d 57 (Ga. 1984).

Cited 12 times | Published | Supreme Court of Georgia | Jul 23, 1984 | 253 Ga. 183

...Because of the need to act quickly in the interest of the child, we are deciding this case in an expedited manner even though this appeal was only recently filed and argued. This court's term will soon end. We do not normally decide cases during the last fifteen days of a term. OCGA § 15-2-4....
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Haygood v. City of Doraville, 256 Ga. 566 (Ga. 1986).

Cited 6 times | Published | Supreme Court of Georgia | Dec 17, 1986 | 350 S.E.2d 766

...Heavy Machines Co., supra. Decided December 17, 1986 Reconsideration denied January 7, 1987. Zachary & Segraves, Kenneth W. Carpenter, for appellants. Edward E. Carter, James C. Watkins, for appellees. We extend the September term relative to this case to enable the appellees to file a motion for reconsideration. OCGA § 15-2-4. Judgment reversed. All the Justices concur, except Gregory, Bell and Hunt, JJ., who dissent.