O.C.G.A.

O.C.G.A. § 15-9-122 (2019)

(For effective date, see note.) Applicability of laws and rules

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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Unless provided to the contrary by Code Section 9-11-81 or by Titles 29 and 53, the general laws and rules of practice, pleading, procedure, and evidence that are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate courts.

History

Code 1981, § 15-9-122, enacted by Ga. L. 1986, p. 982, § 6; Ga. L. 2020, p. 377, § 2-19/HB 865. Delayed effective date. - This Code section, as set out above, becomes effective January 1, 2021. For version of this Code

section in effect until January 1, 2021, see the 2020 amendment note. The 2020 amendment, effective January 1, 2021, inserted ‘‘or by Titles 29 and 53’’ near the beginning and substituted ‘‘that’’ for ‘‘which’’ in the middle.

Annotations

JUDICIAL DECISIONS Opening of default judgments. - O.C.G.A. § 9-11-55(a), a provision of the Civil Practice Act regarding the opening of default judgments, governs an application for year’s support and caveat filed in pro-

bate court. Greene v. Woodard, 198 Ga. App. 427, 401 S.E.2d 617 (1991). Cited in In re Estate of Ehlers, 289 Ga. App. 14, 656 S.E.2d 169 (2007).

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1989–2023 · leading case: Greene v. Woodard, 401 S.E.2d 617 (Ga. Ct. App. 1991).

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Greene v. Woodard, 401 S.E.2d 617 (Ga. Ct. App. 1991). · cites it 6× “494 ( 170 SE2d 29 ) (1969); OCGA § 15-9-122. Thus, provisions of the CPA apply in probate court proceedings, unless there are special rules of practice or procedure which are conflicting and which have been expressly prescribed by law.”

Williams v. the Stats, 315 Ga. 498 (Ga. 2023). · cites it 2× “See OCGA § 15-9-122 (“Unless provided to the contrary [under the law], the general laws and rules of practice, pleading, procedure, and evidence that are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate courts.”

Utica Mut. Ins. v. Mitchell, 490 S.E.2d 489 (Ga. Ct. App. 1997). · cites it 4× “[3] OCGA § 15-9-122 provides that the general laws and rules of practice are applicable to civil cases in the probate courts unless OCGA § 9-11-81 provides to the contrary.”

In Re Est. of Wertzer., 826 S.E.2d 168 (Ga. Ct. App. 2019). · cites it 2× “See OCGA § 15-9-122 ("[u]nless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate…”

Kipp v. Rawson, 388 S.E.2d 409 (Ga. Ct. App. 1989). · cites it 2× “OCGA § 15-9-122 provides, “[u]nless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the…”

Rice v. Higginbotham, 508 S.E.2d 736 (Ga. Ct. App. 1998). “” Similarly, § 15-9-122 provides that “[u]nless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases…”

Camden Cnty. v. Sweatt, Judge (Ga. 2023). · cites it 2× “See OCGA § 15-9-122 (“Unless provided to the contrary [under the law], the general laws and rules of practice, pleading, procedure, and evidence that are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate 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.