42-12-3. Definitions.

Active

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

As used in this chapter, the term:
(1)
“Action” means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus.#
(2)
“Court costs and fees” means the initial filing fee set by the clerk of court and all fees incident to service of the lawsuit or amendments.#
(3)
“Indigent prisoner” means a prisoner who has insufficient funds in the prisoner’s inmate account at the time of filing to pay the appropriate filing fee.#
(4)
“Prisoner” means a person 17 years of age or older who has been convicted of a crime and is presently incarcerated or is being held in custody awaiting trial or sentencing.#

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.

Code 1981, § 42-12-3, enacted by Ga. L. 1996, p. 400, § 1; Ga. L. 1999, p. 847, § 1.

Pursuant to Code Section 28-9-5, in 1996, a comma was deleted following “prisoner” in the introductory language of paragraph (1).

For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).

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 t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, page 664; merge action: carried; file SHA-256 1e701a9ff15b.