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2018 Georgia Code 15-9-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-9-34 Case Law from Google Scholar Amendments to OCGA 15-9-34

TITLE 15 COURTS

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

ARTICLE 2 JURISDICTION, POWER, AND DUTIES

15-9-34. Contempt powers.

  1. The judge of the probate court shall have power to enforce obedience to all lawful orders of his court by attachment for contempt under the same rules as are provided for other courts.
  2. Probate courts may issue rules and attachments for contempts offered the court or its process by any executor, administrator, guardian, or other person and may punish the same by a fine as high as $500.00 or imprisonment not exceeding 20 days, or both.

(Orig. Code 1863, §§ 307, 4021, 4033; Code 1868, §§ 367, 4050, 4063; Code 1873, §§ 332, 4121, 4128; Code 1882, §§ 332, 4121, 4128; Civil Code 1895, §§ 4233, 4261, 4267; Civil Code 1910, §§ 4791, 4819, 4825; Code 1933, §§ 24-2113, 24-2114; Ga. L. 1990, p. 1421, § 1.)

Cross references.

- Exercise of contempt power generally, § 15-1-4.

Law reviews.

- For article, "Contempt of Court in Georgia," see 23 Ga. St. B. J. 66 (1987). For article, "How Not to Get Thrown in Jail," see 22 Ga. Bar. J. 17 (June 2017).

JUDICIAL DECISIONS

Jurisdiction of probate court to attach and punish for contempt.

- Court of ordinary (now probate court) has jurisdiction of matters pertaining to the estates of deceased persons, jurisdiction over administrators, jurisdiction to compel administrators to account for the assets of an estate in their possession or custody, and jurisdiction in such cases to attach and punish for contempt. Melton v. Jenkins, 50 Ga. App. 615, 178 S.E. 754 (1935).

Cited in Lewis v. Grovas, 62 Ga. App. 625, 9 S.E.2d 282 (1940); Bragg v. Bragg, 225 Ga. 494, 170 S.E.2d 29 (1969); Oakley v. Anderson, 235 Ga. 607, 221 S.E.2d 31 (1975); In re McCool, 267 Ga. App. 445, 600 S.E.2d 403 (2004).

Cases Citing O.C.G.A. § 15-9-34

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Gnann v. Woodall, 511 S.E.2d 188 (Ga. 1999).

Cited 10 times | Published | Supreme Court of Georgia | Jan 19, 1999 | 270 Ga. 516, 99 Fulton County D. Rep. 734

...hich, as a matter of law, must be approved by that court. "The judge of the probate court shall have power to enforce obedience to all lawful orders of his court by attachment for contempt under the same rules as are provided for other courts." OCGA § 15-9-34(a)....
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Inquiry Concerning Judge Christina Peterson, 903 S.E.2d 645 (Ga. 2024).

Cited 1 times | Published | Supreme Court of Georgia | Jun 25, 2024 | 319 Ga. 316

...contumacious acts’” are committed outside the judge’s presence, due process requires that the alleged offender is entitled to “‘more normal adversary procedures.’” Ramirez v. State, 279 Ga. 13, 14-15 (608 SE2d 645) (2005) (citations omitted). See also OCGA §§ 15-9-34 10 Criminal contempt differs from civil contempt, which “seeks only to ‘coerc[e] the defendant to do’ what a court had previously ordered him to do.” Turner v....