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2018 Georgia Code 15-9-122 | Car Wreck Lawyer

TITLE 15 COURTS

Section 9. Probate Courts, 15-9-1 through 15-9-158.

ARTICLE 6 JURY TRIALS AND APPEALS

15-9-122. Applicability of laws and rules.

Unless 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 courts.

(Code 1981, §15-9-122, enacted by Ga. L. 1986, p. 982, § 6.)

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 probate 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).

Cases Citing O.C.G.A. § 15-9-122

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Williams v. the Stats, 315 Ga. 498 (Ga. 2023).

Cited 12 times | Published | Supreme Court of Georgia | Feb 7, 2023

...ognizable as cases at law or in equity,” OCGA § 9-11-1 (emphasis supplied), or special statutory proceedings as prescribed in OCGA § 9-11-81. Georgia law governing probate court proceedings provides for intervention only in civil cases. 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 th...

Camden Cnty. v. Sweatt, Judge (Ga. 2023).

Published | Supreme Court of Georgia | Feb 7, 2023

...ognizable as cases at law or in equity,” OCGA § 9-11-1 (emphasis supplied), or special statutory proceedings as prescribed in OCGA § 9-11-81. Georgia law governing probate court proceedings provides for intervention only in civil cases. 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.” (emphasis supplied)); U....