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All laws and parts of laws in conflict with this Act are repealed.