O.C.G.A.
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.
This chapter shall apply to and govern all state courts; and, unless otherwise provided in this chapter, in all cases in which there is a conflict between this chapter and the local law creating the state court, this chapter shall take priority and shall be controlling.
History
Code 1981, § 15-7-3, enacted by Ga. L. 1983, p. 1419, § 2.
Annotations
Cross references. - Local laws not in
conflict with chapter to remain in effect, § 15-7-60.
JUDICIAL DECISIONS Speedy trial provisions. - As O.C.G.A. § 15-7-43(b), enacted in 1983, incorporates the speedy trial provisions of O.C.G.A. § 17-7-170 by reference, those provisions supersede a 1981 local law provision entitling a defendant in a state court to discharge and acquittal if no trial
is had at the term when the demand is made or within the next two succeeding regular terms thereafter. Majia v. State, 174 Ga. App. 432, 330 S.E.2d 171, aff ’d, 254 Ga. 660, 333 S.E.2d 834 (1985); Parks v. State, 239 Ga. App. 333, 521 S.E.2d 370 (1999).
Notes of Decisions
Cited in
5
cases, 1985–1999 · leading case:
Majia v. State, 330 S.E.2d 171 (Ga. Ct. App. 1985).
Majia v. State, 330 S.E.2d 171 (Ga. Ct. App. 1985).
· cites it 4× “OCGA §§ 15-7-3; 15-7-60. Although local law may determine trial terms, OCGA § 15-7-40, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this State also apply to and govern the state courts.”
Poole v. State, 494 S.E.2d 251 (Ga. Ct. App. 1997).
· cites it 4× “The only other guidance afforded by our Code relating to a state court's criminal jurisdiction is OCGA § 15-7-3, which provides that the jurisdiction statute "shall apply to and govern all state courts; and, unless otherwise provided in this chapter, in all cases in which there…”
State v. Gerbert, 467 S.E.2d 177 (Ga. Ct. App. 1996).
· cites it 4× “IV(a); OCGA § 15-7-3; see generally Majia v. State, 174 Ga.”
George v. State, 505 S.E.2d 743 (Ga. 1998).
· cites it 2× “432, 433-434 ( 330 SE2d 171 ) (1985); OCGA §§ 15-7-3; 15-7-60.”
Parks v. State, 521 S.E.2d 370 (Ga. Ct. App. 1999).
· cites it 2× “OCGA § 15-7-3; see also OCGA § 15-7-60. Further, “[t]he general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state” also govern the state courts.”
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.