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Official Code of Georgia Annotated

Title 15. COURTS · Chapter 10. MAGISTRATE COURTS · Article 3. CIVIL PROCEEDINGS

15-10-44. Trial procedure.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall counsel the parties to make an earnest effort to settle the controversy by conciliation. If the parties fail to settle their differences without a trial, the judge shall proceed with the hearing on its merits.#

  2. (b)

    The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice.#

  3. (c)

    If the plaintiff fails to appear, the action may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-10-44, enacted by Ga. L. 1983, p. 884, § 2-1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 564 to 565; merge action: carried; file SHA-256 1f1f034443c3.

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