O.C.G.A.

O.C.G.A. § 17-13-45 (2019)

Immunity from service of process of persons brought into state in civil actions based on facts in criminal charge

✓ 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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A person brought into this state by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned until he has been convicted in the criminal proceeding; or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.

History

Ga. L. 1951, p. 726, § 25.

Annotations

JUDICIAL DECISIONS Purpose. - Purpose of Ga. L. 1951, p. 726, § 25 (see O.C.G.A. § 17-13-45) is to protect innocent nonresidents from service of civil process when brought into the

jurisdiction by force under extradition proceedings. White v. Henry, 232 Ga. 64, 205 S.E.2d 206 (1974).

RESEARCH REFERENCES Am. Jur. 2d. - 31A Am. Jur. 2d, Extradition, § 150. C.J.S. - 35 C.J.S. (Rev), Extradition and Detainers, §§ 49, 50.

U.L.A. - Uniform Criminal Extradition Act (U.L.A.) § 25.