---
title: O.C.G.A. § 42-12-3. Definitions.
collection: code
id: 42-12-3
cite_as: O.C.G.A. § 42-12-3 (2025)
canonical_url: https://georgiacommons.org/code/42-12-3
md_url: https://georgiacommons.org/code/42-12-3.md
text_url: https://georgiacommons.org/code/42-12-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t41-t42-(v29a)-2023-pdf.pdf?sfvrsn=4afea80d_0#page=664
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / PRISON LITIGATION REFORM
---

# O.C.G.A. § 42-12-3. Definitions.

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.

## History

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

## Code Commission Notes

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

## Law Reviews

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