O.C.G.A.

O.C.G.A. § 40-13-24 (2019)

Indictment or accusation not required; docket

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

An indictment or accusation shall not be required against a defendant under this article, but a citation and complaint specifically setting out the charge shall be issued. The court shall keep a docket on which shall be plainly kept the name and address of the defendant, the nature

of the offense in brief, the date when brought before the court, and the final disposition of the case with the date thereof. Such docket shall be the same in each probate court handling traffic misdemeanor cases and shall be on a form to be prescribed by the Department of Law. Such docket shall be paid for from the treasury of the county in which such court is located. Municipal courts may use the dockets ordinarily in use by them in the trial of other cases or, in the discretion of the court, may adopt the docket provided in this Code section for probate courts.

History

(Ga. L. 1937-38, Ex. Sess., p. 558, § 6; Ga. L. 1987, p. 3, § 40.)

Annotations

JUDICIAL DECISIONS Law prior to section. - At the time of the passage of Ga. L. 1937-38, Ex. Sess., p. 558, § 6 (see now O.C.G.A. § 40-13-24), the law of this state contemplated that every arrest, either for a misdemeanor or felony, would be made under a warrant. Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947). Insolvent costs fund authorized. - Having construed Ga. L. Ex. Sess. 1937-38, p. 558, as contemplating the creation of an insolvent costs fund in order to pay the sheriff costs in accordance with its provisions, and the Act by its terms making the ordinary (now probate judge) an officer of the court and specifying the amount of costs the ordinary (now probate

judge) is to receive in each case, the General Assembly necessarily intended that the ordinary (now probate judge) would participate in the insolvent costs fund. Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947). Demand for speedy trial. - Defendant’s demand for a speedy trial upon receipt of a uniform traffic citation and complaint form was not premature since such a citation itself contains the accusation, the preferring of which is a prerequisite to a demand for speedy trial. Majia v. State, 174 Ga. App. 432, 330 S.E.2d 171, aff ’d, 254 Ga. 660, 333 S.E.2d 834 (1985). Cited in McSears v. State, 247 Ga. 48, 273 S.E.2d 847 (1981).

OPINIONS OF THE ATTORNEY GENERAL Costs permitted for entering case on docket. - An ordinary (now probate judge) who tries cases arising out of the violation of traffic laws shall be allowed the fee provided for by Ga. L. 1937-38, Ex. Sess., p. 558, § 5 (see now O.C.G.A.

§ 40-13-25) when the ordinary (now probate judge) enters a case on the docket pursuant to the ordinary’s duties as set forth in Ga. L. 1937, Ex. Sess., p. 558, § 6 (see now O.C.G.A. § 40-13-24). 1968 Op. Att’y Gen. No. 68-213.

RESEARCH REFERENCES Am. Jur. 2d. - 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 984, 985,

995. 62B Am. Jur. 2d, Process, § 1. C.J.S. - 21 C.J.S., Courts, §§ 239, 308.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1987–2025 · leading case: Thornton v. State, 310 Ga. 460 (Ga. 2020).

Sort: Relevance Newest Treatment

Thornton v. State, 310 Ga. 460 (Ga. 2020). · cites it 6× “” And OCGA § 40-13-24 provides 7 that a prosecution of a misdemeanor traffic offense in a municipal court does not require an indictment or accusation, and such a prosecution instead may be commenced by a citation and complaint.”

State v. Gerbert, 475 S.E.2d 621 (Ga. 1996). · cites it 2× “6 See OCGA § 40-13-24; see also OCGA § 17-7-71 (b) (defendant may be tried based on the uniform traffic citation and complaint form in all misdemeanor cases relating to the operation and licensing of motor vehicles and operators).”

Keller v. State, 359 S.E.2d 714 (Ga. Ct. App. 1987). · cites it 2× “A demand for speedy trial pursuant to the provisions of OCGA § 17-7-170 may not be made until an indictment has been returned or an accusation preferred, and it has been settled that a Georgia Uniform Traffic Citation, Summons, Accusation/Warning issued pursuant to OCGA §…”

Hayek v. State, 506 S.E.2d 372 (Ga. 1998). · cites it 2× “4 See OCGA §§ 40-13-24; 17-7-170 (b). 5 OCGA § 40-13-3; State v.”

Hank Carver Spackman v. State (Ga. Ct. App. 2025). · cites it 4× “15 OCGA § 40-13-3; see also OCGA § 40-13-24 (“An indictment or accusation shall not be required against a defendant under this article, but a citation and complaint specifically setting out the charge shall be issued.”); OCGA § 40-13-54 (“The original citation and complaint…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.