HB688: HB688 Appeal and error; service of process; provide by certified mail and statutory overnight delivery, return receipt requested

Georgia law (O.C.G.A. § 5-3-10) sets out how documents in appeal cases must be delivered to the parties involved. This bill rewrites several parts of that law to spell out that service can be made in person, by certified mail, or by statutory overnight delivery, each requiring a return receipt, or electronically if the receiving party has agreed to electronic service. The bill also updates the certificate of service form that lawyers or parties fill out to confirm delivery happened, adding the certified mail and overnight delivery options to the list of ways documents can be shown as delivered. It clarifies that service by mail or overnight delivery counts as complete the day it is dropped in the mail, and that three extra days get added to any response deadline when that method is used. It also allows service on a party whose address is unknown, as long as they have no attorney, by sending documents to their last known address using these same methods.

• Adds certified mail and statutory overnight delivery, both requiring a return receipt, as accepted ways to serve documents in appeal cases, alongside in-person and electronic service.
• Updates the certificate of service form so it lists certified mail and statutory overnight delivery, return receipt requested, as delivery options to check off.
• States that service by certified mail or overnight delivery counts as complete on the day it is deposited in the mail.
• Adds three extra days to any response deadline when documents are served by certified mail or statutory overnight delivery.
• Allows service on a party with an unknown address, who has no attorney, by sending certified mail or overnight delivery to that party's last known address.

Attorneys, court clerks, and parties involved in Georgia appeals who must send or receive legal documents, including people whose current address is unknown to the other side and who are not represented by an attorney.

The change would give parties in Georgia appeal cases a clearer, documented way to prove they delivered legal papers, using mail methods that generate a return receipt, and would automatically add extra response time when those methods are used instead of in-person delivery.

• Section 1 revises paragraph (a)(2) of O.C.G.A. § 5-3-10 to allow service in person, by certified mail or statutory overnight delivery with return receipt requested, or electronically with consent.
• Section 1 revises subparagraph (a)(4)(C) to update the wording of the certificate of service form to include certified mail and statutory overnight delivery as delivery methods.
• Section 1 revises paragraph (a)(5) to state that mailed or overnight-delivered service is perfected the day it is deposited, with three extra days added to response deadlines.
• Section 1 revises paragraph (a)(6) to allow service by certified mail or statutory overnight delivery to a party's last known address when the address is unknown and the party has no attorney of record.
• Section 2 repeals any conflicting laws.

1. 2026-02-24House Committee Favorably Reported (House)
2. 2025-03-04House Second Readers (House)
3. 2025-03-03House First Readers (House)
4. 2025-02-28House Hopper (House)

• Omari Crawford (D, HD-089)Primary sponsor
• Scott Holcomb (D, HD-101)
• Mary Oliver (D, HD-084)
• Anne Westbrook (D, HD-163)

• appeals process
• court procedure
• legal notice service
• civil litigation rules