Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 15-9-83 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-9-83 Case Law from Google Scholar Amendments to OCGA 15-9-83

TITLE 15 COURTS

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

ARTICLE 4 TIME, PLACE, AND PROCEDURE

15-9-83. Hours for conducting business; official closings for legal holidays and inclement weather.

  1. The office of the judge of the probate court shall be open to conduct business a minimum of 40 hours each week as determined by the judge of the probate court.
  2. Nothing in this Code section shall be construed to require any office of the judge of the probate court to be open:
    1. On any public holiday, legal holiday, day of rest, or similar time that is recognized and designated as such by the laws of this state or by the governing authority of the county; or
    2. If other county offices are closed because of inclement weather or any other reason.

(Ga. L. 1851-52, p. 91, § 7; Code 1863, § 4012; Code 1868, § 4041; Code 1873, § 4112; Code 1882, § 4112; Civil Code 1895, § 4252; Code 1910, § 4810; Code 1933, § 24-2104; Ga. L. 1952, p. 213, § 1; Ga. L. 1958, p. 631, § 1; Ga. L. 1959, p. 312, § 1; Ga. L. 1962, p. 519, § 1; Ga. L. 1967, p. 731, § 1; Ga. L. 2018, p. 356, § 1-29/SB 436.)

The 2018 amendment, effective July 1, 2018, substituted the present provisions of this Code section for the former provisions, which read: "The judge of the probate court may transact business at any time except Sundays and may close his office not more than one other day in each week. Where authorized or not prohibited by law, any hearing or other proceeding may be had and any order or judgment may be rendered at any time. However, nothing in this Code section shall be construed as prohibiting the judge of the probate court from providing by calendar for the orderly and uniform transaction of business on designated days."

JUDICIAL DECISIONS

Certain activities need not occur before end of term.

- Statutes relating to filing applications for a year's support, appointment of appraisers, and return of the appraisers, considered together or separately, do not require the application to be filed, or the return of the appraisers to be made, or a judgment to be rendered by the ordinary (now probate judge) before the end of a term of the court of ordinary (now probate court). Smith v. Smith, 187 Ga. 743, 2 S.E.2d 417 (1939).

Former Code 1933, §§ 113-1002 and 113-1005 (see now O.C.G.A. §§ 53-5-2 and53-5-8), relating to filing applications for a year's support, appointment of appraisers, and return of the appraisers, and former Code 1933, § 24-2104 (see now O.C.G.A. § 15-9-83), relating to powers of the court of ordinary (now probate court), considered together or separately, do not require the return of the appraisers to be made, or a judgment to be rendered by the ordinary (now probate judge), before the end of a term of the court of ordinary (now probate court). Jones v. Federal Land Bank, 189 Ga. 419, 6 S.E.2d 52 (1939).

Cited in Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938); Chappell v. Kilgore, 196 Ga. 591, 27 S.E.2d 89 (1943); Henderson v. Hale, 209 Ga. 307, 71 S.E.2d 622 (1952); Miller v. Miller, 104 Ga. App. 224, 121 S.E.2d 340 (1961).

OPINIONS OF THE ATTORNEY GENERAL

Probate court judges may transact business on legal holidays unless otherwise prohibited by law. 1980 Op. Att'y Gen. No. U80-39.

Issuance of marriage licenses and other legal documents by judges of probate courts on legal holidays does not render those documents invalid unless such holidays fall on a Sunday. 1980 Op. Att'y Gen. No. U80-39.

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 20 et seq.

ALR.

- Validity of court's judgment rendered on Sunday or holiday, 85 A.L.R.2d 595.

Validity, construction, and effect of "Sunday closing" or "blue" laws - modern status, 10 A.L.R.4th 246.

No results found for Georgia Code 15-9-83.