Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

O.C.G.A. § 45-16-45 — Authority of coroners and medical examiners to disinter bodies | Georgia Code

O.C.G.A. § 45-16-45 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 16. Coroners, 45-16-1 through 45-16-80.

ARTICLE 2 DEATH INVESTIGATIONS

45-16-45. Authority of coroners and medical examiners to disinter bodies.

In order to implement this article, coroners are authorized to disinter any body already buried and, like a sheriff, to command the power of the county for that purpose. Medical examiners,other than local medical examiners, may likewise exercise such authority in any case wherein such authority is granted by an order of the judge of the superior court of the county. Such orders may be granted by judges of the superior courts, in their discretion, upon petition of any medical examiner other than a local medical examiner.

(Orig. Code 1863, § 567; Code 1868, § 631; Code 1873, § 590; Code 1882, § 590; Penal Code 1895, § 1258; Penal Code 1910, § 1340; Code 1933, § 21-205; Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 21; Ga. L. 1990, p. 1735, § 3.)

Cross references.

- Penalty for disinterment of body without good grounds, § 31-21-42.

JUDICIAL DECISIONS

When authority exercisable.

- O.C.G.A. § 45-16-45 is not intended to authorize a medical examiner to bring an action seeking disinterment unless the medical examiner is acting in an official capacity. Wilson v. Wilson, 257 Ga. 584, 361 S.E.2d 381 (1987).

Cited in Stephens v. National Gypsum Co., 685 F. Supp. 847 (M.D. Ga. 1988).

RESEARCH REFERENCES

Am. Jur. 2d.

- 22A Am. Jur. 2d, Dead Bodies, § 50 et seq.

C.J.S.

- 25A C.J.S., Dead Bodies, §§ 2, 3, 12, 40.

ALR.

- Removal and reinterment of remains, 21 A.L.R.2d 472.

Power of court to order disinterment and autopsy or examination for evidential purposes in civil case, 21 A.L.R.2d 538.

Disinterment in criminal cases, 63 A.L.R.3d 1294.

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, 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.