O.C.G.A. § 15-6-20 (2019)
Special terms
Statute text
The judges of the superior courts may, in their discretion, hold special terms of court in any county within their respective circuits when the business requires it to close the dockets and may, in the exercise of a sound discretion, cause new juries to be drawn for the same or may order the juries drawn for the regular term to give their attendance upon such special terms. The judges are authorized to hold special terms of court for the trial of criminal cases or for the disposition of civil business, or both, in any county of their circuits, at their discretion, and either to compel the attendance of grand or trial jurors of a previous term or to draw new jurors, according to law.
History
(Ga. L. 1861, p. 56, §§ 1, 2; Code 1863, § 3167; Ga. L. 1865-66, p. 59, § 1; Code 1868, § 3178; Code 1873, § 3245; Code 1882, § 3245; Ga. L. 1890-91, p. 74, § 1; Civil Code 1895, § 4345; Penal Code 1895, § 796; Civil Code 1910, § 4876; Penal Code 1910, § 796; Code 1933, § 24-3009.)
Annotations
JUDICIAL DECISIONS
Editor's notes. - In light of the similarity of the statutory provisions, annotations decided prior to the amendment to Code Section 15-6-19 passed by Ga. L. 1972, p. 713, which changed the terms of court, are included in the annotations for this Code section.
Distinction between adjourned and special terms. - Distinction between an adjourned term and a special term lies in the fact that the latter is called after the adjournment of one regular term and before the time for the next regular term. McGinnis v. Ragsdale, 116 Ga. 245, 42 S.E.2d 492 (1902).
Special term is one that is called after the adjournment of a regular term and before the time for the next regular term. Proveaux v. State, 198 Ga. App. 119, 401 S.E.2d 12 (1990).
Distinction between special and regular terms. - Former Code 1933, § 24-3009 (see now O.C.G.A. § 15-6-20) referred to special terms, and former Code 1933, § 59-710 (see now O.C.G.A. § 15-12-127) referred to the regular terms and to counties where, by law, a court sits for two weeks. Peacock v. State, 53 Ga. App. 599, 186 S.E. 882 (1936).
Terms prescribed by law could not be considered special terms. - If the law provided for four terms without restriction to their being jury or non-jury, criminal or civil, and each of the four terms was prescribed by law, none of the terms could be considered a special term. Campbell v. State, 199 Ga. App. 25, 403 S.E.2d 882 (1991).
City courts may hold special terms if Acts creating the terms so provide. Brinson v. Tennessee Chem. Co., 32 Ga. App. 456, 123 S.E. 731 (1924).
Code section authorizes recall of grand jury. - This section authorized a judge, in the judge's discretion, to call a special term and to compel attendance of the grand jury that served at the April term, notwithstanding the term was called during the July term and the April term did not "immediately precede" the special term. Haden v. State, 176 Ga. 304, 168 S.E. 272 (1933).
Presumption of legality with respect to jury attendance. - If defendant shows no error in the trial court's denial of defendant's challenge to the array with respect to orders that the juries drawn for the regular term give the juries' attendance upon adjourned terms, it is presumed that the trial court proceeded legally, since it is incumbent on the defendant to show that the trial court was not meeting pursuant to adjournment. Dickerson v. State, 151 Ga. App. 429, 260 S.E.2d 535 (1979).
Holding jurors over to adjourned session. - The trial judge may adjourn court and hold jurors over to adjourned session. Gunter v. State, 243 Ga. 651, 256 S.E.2d 341 (1979).
Referring to previously adjourned term on jury list. - If term is called as a special term, it is not illegal if it refers to a previously adjourned term on the list of jurors. Hulsey v. State, 172 Ga. 797, 159 S.E. 270 (1931).
Process and pleading of adjourned term is same as in regular term. Hodnett v. Stone, 93 Ga. 645, 20 S.E. 43 (1894).
Order for special term may be passed on day illegally set for convening of adjourned term, providing for a special session on that day. Walker v. O'Connor, 23 Ga. App. 22, 97 S.E. 276 (1918).
Effect of Code section on speedy trial provisions. - If defendant filed a demand for trial during the July 1986 term of the superior court and defendant was tried during the January 1987 term of court, i.e., during the second regular term of court following the term in which defendant's demand was filed, notwithstanding that special juries had been empanelled in the interim, pursuant to O.C.G.A. § 15-6-20, the defendant was given a trial before more than two regular terms of court were convened and adjourned after the term at which the demand was filed, as required by O.C.G.A. § 17-7-171. Wade v. State, 258 Ga. 324, 368 S.E.2d 482 (1988), cert. denied, 502 U.S. 1060, 112 S. Ct. 941, 117 L. Ed. 2d 111 (1992).
If a superior court has four successive terms, and if, in January, after the jury panels used in the regular November term had been excused, a "Special Term Jury Trial Calendar" was issued and jurors were summoned for January 30 for a murder trial commencing that day and continuing to February 1, the January trial was conducted in a special session of the November term, not in a separately called special term. Kirk v. State, 194 Ga. App. 801, 392 S.E.2d 249 (1990).
Cited in Harris v. State, 191 Ga. 243, 12 S.E.2d 64 (1940); Oliver v. Crawford, 194 Ga. 168, 21 S.E.2d 62 (1942); Green v. State, 246 Ga. 598, 272 S.E.2d 475 (1980).
OPINIONS OF THE ATTORNEY GENERAL
Drawing of grand jurors for special term. - This section did not require that grand jurors drawn for special term must be drawn at close of the regular term; to do so would greatly inhibit the court's use of special terms for the court's business. 1967 Op. Att'y Gen. No. 67-304.
Per diem charge by sheriff and clerk for attending transferred court. - Superior court of one county may be held in another county of the district, and sheriff and clerk of former county may charge per diem for attending superior court of their county. 1948-49 Op. Att'y Gen. p. 66.
RESEARCH REFERENCES
Am. Jur. 2d. - 20 Am. Jur. 2d, Courts, § 20.
C.J.S. - 21 C.J.S., Courts, § 157 et seq.