House Bill 530 (AS PASSED HOUSE AND SENATE)
By: Representatives Leverett of the 123rd, Reeves of the 99th, Scoggins of the 14th, Kelley of
the 16th, and Oliver of the 84th
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated,
relating to time, place, and procedure, so as to provide for electronic filing of pleadings and
other documents in probate court; to provide for the promulgation of rules; to provide for
fees; to provide for access to pleadings for certain staff and litigants; to provide for
limitations and exceptions; to provide for applicability; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time,
place, and procedure, is amended by adding a new Code section to read as follows:
"15-9-86.2.
(a)(1)(A) On or before January 1, 2029, pursuant to standards and rules promulgated
by the Council of Probate Court Judges of Georgia, probate courts shall provide for the
electronic filing of all pleadings and any other document related thereto in any civil
matter in a probate court and provide for the acceptance of payments and remittances
by electronic means.
(B)(i) On and after January 1, 2029, except as provided in paragraph (6) of this
subsection, all pleadings and any other document related thereto in any civil matter
in a probate court shall be filed by electronic means through the court's electronic
filing service provider.
(ii) Except as provided in paragraph (6) of this subsection, once a court has
commenced mandatory electronic filings in civil cases, a clerk shall not accept, file,
or docket any pleading or any other form of paper document related thereto from an
attorney, or party if he or she is pro se, in a civil case; provided, however, that to
protect and promote access to the courts, courts shall reasonably accommodate parties
by accepting and then converting and maintaining in electronic form pleadings or
other form of paper documents related thereto presented physically at the courthouse
by an attorney or a pro se party or otherwise received by the court from a pro se party.
The clerk shall not charge the fee as set forth in subparagraph (A) of paragraph (2) of
this subsection for such filings but when payment is submitted by credit card or bank
draft, the clerk may charge the convenience fee as set forth in subparagraph (B) of
paragraph (2) of this subsection.
(iii) Once a court has commenced mandatory electronic filings in civil cases, the
court shall be required to provide a public terminal either within the administrative
office space of the probate court or the county law library for any party to
electronically file pleadings or other documents related thereto.
(2) Except as provided in paragraph (3) of this subsection, a court's electronic filing
service provider may charge a fee which shall be a recoverable court cost and only
include a:
(A) One-time fee for electronically filing pleadings or documents in a civil action and
the electronic service of pleadings, regardless of how many parties shall be served,
which shall not exceed $30.00 per filer, per case. Such fee shall be paid at the time of
the first filing on behalf of a party, provided that, when filings are submitted via a
public access terminal, such fee shall be paid upon the first filing not using such
terminal; and
(B) Convenience fee for credit card and bank drafting services, which shall not exceed
3.5 percent, plus a 30ยข payment services fee per transaction.
(3) No electronic filing service provider shall charge a fee pursuant to this subsection for
the filing of:
(A) Pleadings or documents related thereto filed:
(i) By any local, state, or federal office, officer, or agency;
(ii) By attorneys appointed by the probate court to represent the interest of any party;
(iii) By guardians ad litem; or
(iv) On behalf of a municipal corporation or county government; or
(B) Leaves of absence or conflict notices filed pursuant to the Uniform Rules for the
Probate Court.
(4) With respect to the fee charged pursuant to subparagraph (A) of paragraph (2) of this
subsection, the probate court shall retain $2.00 of the transaction fee and remit it to the
governing authority of the county. No other portion of such transaction fee shall be
remitted to any other office or entity of the state or governing authority of a county or
municipality.
(5) An attorney, or party if he or she is pro se, shall be allowed unlimited access to view
and download any pleading or document electronically filed in connection to the civil
action in which he or she is counsel of record or a pro se party, and an electronic service
provider shall not be authorized to charge or collect a fee for such viewing or
downloading.
(6) The provisions of paragraphs (1), (4), and (5) of this subsection shall not apply to
pleadings or other documents:
(A)(i) Filed in connection with a pauper's affidavit;
(ii) Filed under seal or presented to a court in camera or ex parte; or
(iii) To which access is restricted by law or court order;
(B) Presented in a court located in an area that has been declared to be in a state of
emergency pursuant to Article 3 of Chapter 3 of Title 38. The Judicial Council of
Georgia shall provide rules for filings in such circumstances; or
(C) Filed prior to the commencement of electronic filing provided for in this Code
section, wherein the filer shall continue to pay fees applicable to the case on the date
of the first filing; provided, however, that a party may elect to make future filings
through the court's electronic filing service provider and pay the applicable fees.
(b) Each probate court shall develop and enact policies and procedures necessary to carry
out the standards and rules created by the Council of Probate Court Judges of Georgia.
(c) Nothing in this Code section shall be construed to prevent a court's acceptance of
payments and remittances by electronic means under the court's own authority.
(d) A judge to whom the case is assigned and his or her staff shall, at all times, have access
to all pleadings and documents electronically filed, and such access shall be provided upon
the electronic acceptance of such pleadings and documents by the court.
(e) Any pleading or document filed electronically shall be deemed filed as of the time of
its receipt by the electronic filing service provider. A pleading or document filed
electronically shall not be subject to disclosure until it has been accepted by the court.
Upon such acceptance as provided for in this subsection, such pleading or document shall
be publicly accessible for viewing at no cost to the viewer on a public access terminal
available at the courthouse during regular business hours unless otherwise prohibited or
limited by law."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.