---
title: HB 688. Appeal and error; service of process; provide by certified mail and statutory overnight delivery, return receipt requested
collection: bills
id: 2025-2026/hb688
cite_as: HB 688, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb688
md_url: https://georgiacommons.org/bills/2025-2026/hb688.md
text_url: https://georgiacommons.org/bills/2025-2026/hb688/text
source_url: https://www.legis.ga.gov/legislation/71023
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb687.md
next: https://georgiacommons.org/bills/2025-2026/hb689.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 185
omitted_url: https://georgiacommons.org/bills/2025-2026/hb688.md?full=1
bill_number: HB 688
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-28
last_action: House Committee Favorably Reported
sponsors:
  - Omari Crawford
  - Scott Holcomb
  - Mary Oliver
  - Anne Westbrook
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB688/2025
upstream_id: 1989312
summaries_model: claude-sonnet-5
topic_tags:
  - appeals process
  - court procedure
  - legal service of process
  - civil litigation rules
---

# HB 688. Appeal and error; service of process; provide by certified mail and statutory overnight delivery, return receipt requested

## Text

House Bill 688
By: Representatives Crawford of the 89th, Holcomb of the 101st, Oliver of the 84th, and
Westbrook of the 163rd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 5-3-10 of the Official Code of Georgia Annotated, relating to
manner for service of process, so as to provide for service by certified mail and statutory
overnight delivery, return receipt requested; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 5-3-10 of the Official Code of Georgia Annotated, relating to manner for
service of process, is amended in subsection (a) by revising paragraph (2), subparagraph
(a)(4)(C), and paragraphs (5) and (6) as follows:
"(2) Service of any document shall be made in person, by <ins>certified</ins> mail <ins>or statutory
overnight delivery, return receipt requested,</ins> or electronically if consent to electronic
service is given as provided in subsection (b) of this Code section;"
"(C) Read substantially as follows: 'I do certify that <ins>(number of copies) ____ (number
of copies)</ins> of the attached document(s) have been furnished to <ins>(name of party served)
________________ (name of party served)</ins> by <del>(delivery, mail, or email)
</del> <ins>________________ (delivery, certified mail, or statutory overnight delivery, return
</ins>
<ins>receipt requested, or email)</ins> on <del>(date delivered, mailed, or emailed)</del> <ins>__________ (date
delivered, mailed, or emailed)';"
</ins> "(5) Service of any document may be perfected either before or after filing such service
with the clerk. If service is made by <ins>certified</ins> mail <ins>or statutory overnight delivery, return
receipt requested,</ins> it shall be deemed perfected on the day it was deposited in the mail.
If service is perfected by <ins>certified</ins> mail <ins>or statutory overnight delivery, return receipt
requested,</ins> three days shall be added to any deadline required for a response, to allow for
mailing;
(6) If the address of any party is unknown and the party is not represented by an attorney
of record, service may be perfected on the party by <ins>certified</ins> mail <ins>or statutory overnight
delivery, return receipt requested,</ins> directed to the last known address of the party; and"
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

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.

### Plain-language summary

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 it 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.

## Status

- Status: Introduced (2025-02-28)
- Last action: House Committee Favorably Reported (2026-02-24)
- Sponsors: Omari Crawford, Scott Holcomb, Mary Oliver, Anne Westbrook
- Official page: https://www.legis.ga.gov/legislation/71023

> The history, votes, and amendments (185 characters) are at https://georgiacommons.org/bills/2025-2026/hb688.md?full=1
