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2018 Georgia Code 15-7-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-7-40 Case Law from Google Scholar Amendments to OCGA 15-7-40

TITLE 15 COURTS

Section 7. State Courts of Counties, 15-7-1 through 15-7-85.

ARTICLE 3 PRACTICE AND PROCEDURE

15-7-40. State courts always open; terms of court.

The courts governed by this chapter shall be deemed always open for the disposition of matters properly cognizable by them; however, all trials on the merits shall be conducted at trial terms regularly prescribed by local laws, as now or hereafter amended, creating the individual courts.

(Code 1981, §15-7-40, enacted by Ga. L. 1983, p. 1419, § 2.)

Cross references.

- Trial calendar, Uniform State Court Rules, Rule 8.3.

JUDICIAL DECISIONS

Mandamus to compel a judge to conduct civil trials was authorized because the judge's refusal to schedule civil cases for trial for more than two years was a gross abuse of discretion and no other specific legal remedy was available. Stubbs v. Carpenter, 271 Ga. 327, 519 S.E.2d 451 (1999).

Motion to set aside foreign judgment not filed in same term of court.

- Because a default judgment was rendered by a Missouri court on January 27, 2015, and the January term of court for the State Court of Fulton County ended when a new term of court began on the first Monday in March (March 2, 2015), and the judgment debtor did not file its motion to set aside the judgment until July 3, 2015, the motion was not filed within the same term of court as the term in which the subject judgment was rendered and could be considered only under O.C.G.A. § 9-11-60(d). Lemcon USA Corp. v. Icon Tech. Consulting, Inc., 338 Ga. App. 459, 789 S.E.2d 832 (2016).

Cited in Dixon v. State, 196 Ga. App. 15, 395 S.E.2d 577 (1990); Cross v. State, 272 Ga. 282, 528 S.E.2d 241 (2000); Levin Co. v. Walker, 289 Ga. App. 299, 656 S.E.2d 588 (2008); Valley v. S. Atl. Conf. of Seventh-day Adventist, Ga. App. , S.E.2d (July 31, 2018).

Cases Citing O.C.G.A. § 15-7-40

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Stubbs v. Carpenter, 519 S.E.2d 451 (Ga. 1999).

Cited 5 times | Published | Supreme Court of Georgia | Jul 6, 1999 | 271 Ga. 327

...It does not issue to *452 direct a public official to do a discretionary act unless such discretion has been grossly abused. [Cits.]" Tamaroff v. Cowen, 270 Ga. 415, 511 S.E.2d 159 (1999). It is clear that a judge has the responsibility to schedule actions for trial in his court. See OCGA § 15-7-40 (trials to be conducted at trial terms prescribed by local laws); Rule 8.1 of the Uniform Rules for the Superior Courts [2] (the assigned judge is responsible for the orderly movement and disposition of cases)....
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Cross v. State, 528 S.E.2d 241 (Ga. 2000).

Cited 3 times | Published | Supreme Court of Georgia | Mar 27, 2000 | 272 Ga. 282, 2000 Fulton County D. Rep. 1145

...ship to a legitimate government interest." Id. Ga. L. 1996, pp. 627, 628, states that the City Court of Atlanta is a state court with limited jurisdiction. Terms for state courts are provided by the statute "creating the individual courts." See OCGA § 15-7-40....
...The trial court did not err in upholding the statute. Judgment affirmed. BENHAM, C.J., SEARS, HUNSTEIN, CARLEY, HINES, JJ., and Presiding Judge WILLIAM LeROY McMURRAY, Jr., concur. FLETCHER, P.J., not participating. NOTES [1] The State Court of Fulton County also has six terms. OCGA § 15-7-40; Ga....