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Official Code of Georgia Annotated

Title 42. PENAL INSTITUTIONS · Chapter 12. PRISON LITIGATION REFORM

42-12-6. Determination as to whether prisoner’s action frivolous.

Active

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

  1. Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner’s action was frivolous. The court may award reasonable costs and attorney’s fees to defendants or respondents if the court finds that:

  2. (1)

    Any material allegation in the prisoner’s in forma pauperis affidavit is false; or#

  3. (2)

    The action or any part of the action is malicious or frivolous as defined in Code Section 9-15-14.#

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, § 42-12-6, enacted by Ga. L. 1996, p. 400, § 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 t41-t42-(v29a)-2023-pdf.pdf, Volume V29A, 2023 edition, pages 666 to 667; merge action: carried; file SHA-256 1e701a9ff15b.