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.
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.
History
Code 1981, § 15-7-40, enacted by Ga. L. 1983, p. 1419, § 2.
Annotations
Cross references. - Trial calendar, Uniform State Court Rules, Rule 8.3.
JUDICIAL DECISIONS Mandamus to compel a judge to conduct civil trials was authorized be-
cause 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, 347 Ga. App. 131, 817 S.E.2d 704 (2018).
Notes of Decisions
Cited in
19
cases (
2 in the last 5 years), 1985–2024 · leading case:
Nusser v. State, 622 S.E.2d 105 (Ga. Ct. App. 2005).
Harvey v. DeKalb Cnty. Jail (N.D. Ga. 2024).
· cites it 2× “9 Harvey now brings a § 1983 claim for alleged violations of his Fourth and Eighth Amendment rights and brings claims for malicious prosecution (O.C.G.A. § 15-7-40) and false arrest (O.C.”
Paul Richard Caskey v. State (Ga. Ct. App. 2024).
· cites it 2× “See OCGA § 15-7-40 (“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”); Ga.”
Levin Co. v. Walker, 656 S.E.2d 588 (Ga. Ct. App. 2008).
· cites it 2× “See OCGA§ 15-7-40; see also Ga. L. 1983, p. 4501, § 1.”
Nusser v. State, 622 S.E.2d 105 (Ga. Ct. App. 2005).
· cites it 2× “OCGA § 15-7-40; Price v. State, 245 Ga. App.”
SA v. State, 618 S.E.2d 616 (Ga. Ct. App. 2005).
· cites it 2× “627, 635 and OCGA§ 15-7-40. Compare Harp v. State, 204 Ga.”
Feazell v. Gregg, 607 S.E.2d 253 (Ga. Ct. App. 2004).
· cites it 2× “432, 434 (2) ( 330 SE2d 171 ) (1985) (OCGA§ 15-7-40 allows exceptions to general rule that state court terms follow those of superior courts).”
Nesmith v. State, 600 S.E.2d 644 (Ga. Ct. App. 2004).
· cites it 2× “OCGA § 15-7-40; see also Ga. L. 1983, p. 4501.”
State v. Dodge, 553 S.E.2d 831 (Ga. Ct. App. 2001).
· cites it 2× “OCGA § 15-7-40; Price v. State, 245 Ga. App.”
Price v. State, 535 S.E.2d 766 (Ga. Ct. App. 2000).
· cites it 2× “By copy of this Demand, the Prosecuting Attorney has been served with this statutory demand for trial within the present term or the next term of this court.”
Cross v. State, 528 S.E.2d 241 (Ga. 2000).
· cites it 4× “” See OCGA § 15-7-40. The statute creating the City Court of Atlanta as a state court of *283 limited jurisdiction provides for two terms of court.”
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.