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Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 3. EMERGENCY MANAGEMENT · Article 3. EMERGENCY POWERS · Part 2. JUDICIAL EMERGENCY

38-3-60. Definitions.

Active

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

  1. As used in this part, the term:

  2. (1)

    ‘‘Authorized judicial official’’ means any of the following officials when acting with regard to his or her respective jurisdiction:#

    1. (A)

      The Chief Justice of the Georgia Supreme Court;#

    2. (B)

      A chief judge of a Georgia superior court judicial circuit; or#

    3. (C)

      The replacement for or successor to any of the officials set forth in subparagraphs (A) and (B) of this paragraph, as determined by the applicable rules of incapacitation and succession, should such official become incapacitated or otherwise unable to act.#

  3. (2)

    ‘‘Judicial emergency’’ means:#

    1. (A)

      A state of emergency declared by the Governor under Part 1 of this article;#

    2. (B)

      A public health emergency under Code Section 31-12-1.1;#

    3. (C)

      A local emergency under Code Section 36-69-2; or#

    4. (D)

      Such other serious emergency#

    5. when, as determined by an authorized judicial official, the emergency substantially endangers or infringes upon the normal functioning of the judicial system, the ability of persons to avail themselves of the judicial system, or the ability of litigants or others to have access to the courts or to meet schedules or time deadlines imposed by court order or rule, statute, or administrative rule or regulation.

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, § 38-3-60, enacted by Ga. L. 2004, p. 420, § 3; Ga. L. 2011, p. 701, § 2/HB 339.

Cross references

Provision of legal services following determination of major disaster, Sup. Ct. R. 121.

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 t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, page 580; merge action: annotated; file SHA-256 4eed692485f5.