Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 9-16-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-16-3 Case Law from Google Scholar Amendments to OCGA 9-16-3

TITLE 9 CIVIL PRACTICE

Section 16. Uniform Civil Forfeiture Procedure Act, 9-16-1 through 9-16-22.

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-16-3. Jurisdiction.

  1. A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought:
    1. In the case of an in rem action, in the judicial circuit where the property is located;
    2. In the case of an in personam action, in the judicial circuit in which the defendant resides; or
    3. By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture.
  2. If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney.
  3. A civil forfeiture proceeding may be compromised or settled in the same manner as other civil actions.

(Code 1981, §9-16-3, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)

Cases Citing O.C.G.A. § 9-16-3

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

Lovell v. Raffensperger, 897 S.E.2d 440 (Ga. 2024).

Cited 4 times | Published | Supreme Court of Georgia | Jan 17, 2024 | 318 Ga. 48

...ts pendency dies, resigns, or otherwise ceases to hold office, the action does not abate, and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party. . . .”); 9-16-3 (a)7 (“A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state....
...the time of constitutional adoption). The phrase “in the name of the 5 OCGA § 9-11-17 was amended in 2020. See Ga. L. 2020, p. 456, § 2-7, eff. Jan. 1, 2021. 6 OCGA § 9-11-25 was enacted in 1966. See Ga. L. 1966, p. 609, § 25. 7 OCGA § 9-16-3 was enacted in 2015....
Copy

San Miguel Produce, Inc. v. L.G. Herndon Jr. Farms, Inc, 843 S.E.2d 403 (Ga. 2020).

Cited 3 times | Published | Supreme Court of Georgia | May 18, 2020 | 308 Ga. 812