---
title: O.C.G.A. § 44-2-38. Role of clerk of court.
collection: code
id: 44-2-38
cite_as: O.C.G.A. § 44-2-38 (2025)
canonical_url: https://georgiacommons.org/code/44-2-38
md_url: https://georgiacommons.org/code/44-2-38.md
text_url: https://georgiacommons.org/code/44-2-38/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=87
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.
up: https://georgiacommons.org/code/44-2.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS / RECORDING / Uniform Real Property Electronic Recording
---

# O.C.G.A. § 44-2-38. Role of clerk of court.

A clerk of superior court:

(1) Who implements any of the functions listed in this Code section shall do so in compliance with standards established by the authority;

(2) May receive, index, store, archive, and transmit electronic documents;

(3) May provide for access to, and search and retrieval of, documents and information by electronic means;

(4) Who accepts electronic documents for recording shall continue to accept for filing paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law;

(5) For archival purposes, may convert into electronic form paper documents accepted for recording;

(6) May convert into electronic form historical documents recorded on paper;

(7) May accept electronically any fee or other moneys that the clerk of superior court is authorized to collect; and

(8) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to electronically facilitate satisfaction of prior approvals and conditions precedent to recording and on the electronic payment of statutorily required fees and other moneys.

## History

Code 1981, § 44-2-38, enacted by Ga. L. 2009, p. 695, § 1/HB 127.