Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 688: Appeal and error; service of process; provide by certified mail and statutory overnight delivery, return receipt requested
Last action February 24, 2026 · House Committee Favorably Reported
A Georgia House bill would require that when court documents on appeal are served by mail, it must be certified mail or statutory overnight delivery with a return receipt, instead of regular mail.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
Under current Georgia law governing appeals (O.C.G.A. § 5-3-10), documents can be served in person, by ordinary mail, or electronically. This bill tightens the mail option: it specifies that mailed service must be done through certified mail or statutory overnight delivery, both requiring a return receipt as proof of delivery. It also updates the certificate of service form that parties fill out, replacing the generic 'delivery, mail, or email' language with a version that spells out 'delivery, certified mail, or statutory overnight delivery, return receipt requested, or email' and includes blanks for the number of copies and the name of the party served. The bill also keeps existing rules that service by mail is complete once deposited, that three extra days are added to response deadlines when service is by mail, and that parties with unknown addresses can be served by mail at their last known address. It updates each of these provisions to require certified mail or statutory overnight delivery with a return receipt instead of plain mail. The law would take effect once signed and applies to the appeals process in Georgia's court system.
What the bill does
- Requires that mailed service of appeal documents use certified mail or statutory overnight delivery, return receipt requested, rather than ordinary mail.
- Rewrites the certificate of service form parties use to reflect the new certified mail and statutory overnight delivery options and adds blanks for copy count and recipient name.
- Keeps the rule that mailed service is considered complete on the day it is deposited, now applying it specifically to certified mail or statutory overnight delivery.
- Preserves the three extra days added to response deadlines for mail service, now tied to certified mail or statutory overnight delivery.
- Applies the certified mail or statutory overnight delivery requirement to serving parties whose address is unknown and who lack an attorney of record.
Who it affects
Attorneys, self-represented litigants, and court clerks involved in Georgia appeals, since they must follow the updated method for serving documents by mail and use the revised certificate of service form.
Why it matters
Parties in Georgia appeals would need to use trackable mail methods with proof of delivery instead of ordinary mail, which could add cost and require return receipts as documentation, while still preserving the extra three days built into response deadlines for mailed service.
Key provisions
- Section 1 revises paragraph (2) of O.C.G.A. § 5-3-10(a) to specify service by certified mail or statutory overnight delivery, return receipt requested, as an approved method alongside in-person and electronic service.
- Section 1 also revises subparagraph (a)(4)(C), updating the required wording of the certificate of service to reference certified mail or statutory overnight delivery with return receipt.
- Section 1 revises paragraph (5) so that service by certified mail or statutory overnight delivery is deemed perfected on the day of mailing, with three extra days added to response deadlines.
- Section 1 revises paragraph (6) to require certified mail or statutory overnight delivery, return receipt requested, when serving a party whose address is unknown and who has no attorney of record.
- Section 2 repeals any conflicting laws.
From the bill
“Service of any document may be perfected either before or after filing such service with the clerk.”
“three days shall be added to any deadline required for a response, to allow for mailing”
Discussed in meetings (3)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, February 23, 2026
From 4:04:25 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 688 would provide for delivery of documents in person, by certified mail or by statutory overnight delivery with a return receipt requested. The sponsor said the purpose was to establish proof of mailing and delivery and avoid disputes over whether court papers had been served. A committee member asked whether the existing additional three-day period would remain intact regardless of delivery method. The sponsor said it would. With no amendments offered, the committee approved the bill by voice vote, with no opposition heard.
House Rules Committee, February 25, 2026
From 1:11:41 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 688 would change service of litigation documents from regular mail to certified mail. The sponsor said proof of mailing, tracking and delivery would reduce uncertainty and protect all parties. No questions or scheduling decision followed.
Status timeline
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Omari Crawford (D, HD-89)
- Scott Holcomb (D, HD-101)
- Mary Margaret Oliver (D, HD-84)
- Anne Allen Westbrook (D, HD-163)
Topics
- appeals process
- court procedure
- legal service of process
- civil litigation rules