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O.C.G.A. § 17-13-45 — Immunity from service of process of persons brought into state in civil actions based on facts in criminal charge | Georgia Code

O.C.G.A. § 17-13-45 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 17 CRIMINAL PROCEDURE

Section 13. Criminal Extradition, 17-13-1 through 17-13-49.

ARTICLE 2 UNIFORM CRIMINAL EXTRADITION ACT

17-13-45. Immunity from service of process of persons brought into state in civil actions based on facts in criminal charge.

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.

(Ga. L. 1951, p. 726, § 25.)

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.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.