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Official Code of Georgia Annotated

Title 5. APPEAL AND ERROR · Chapter 3. SUPERIOR AND STATE COURT APPELLATE PRACTICE

5-3-10. Manner for service of process.

Active

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

  1. (a)

    Except as otherwise provided by law, service of process under this chapter shall be made in the following manner:#

    1. (1)

      A party’s attorney or agent authorized to receive service shall be served with any document, unless:#

      1. (A)

        Direct service on a party is ordered by the reviewing court; or#

      2. (B)

        A specific manner of service is otherwise required by law;#

    2. (2)

      Service of any document shall be made in person, by mail, or electronically if consent to electronic service is given as provided in subsection (b) of this Code section;#

    3. (3)

      Proof of service shall be shown by:#

      1. (A)

        Acknowledgment of the attorney or party served; or#

      2. (B)

        A certificate of service from the attorney, party, or other person perfecting service;#

    4. (4)

      The certificate of service provided for in this subsection shall:#

      1. (A)

        Be attached to the original of the document to be served;#

      2. (B)

        Be taken as prima-facie proof of service; and#

      3. (C)

        Read substantially as follows: “I do certify that (number of copies) of the attached document(s) have been furnished to (name of party served) by (delivery, mail, or email) on (date delivered, mailed, or emailed)”;#

    5. (5)

      Service of any document may be perfected either before or after filing such service with the clerk. If service is made by mail, it shall be deemed perfected on the day it was deposited in the mail. If service is perfected by mail, three days shall be added to any deadline required for a response, to allow for mailing;#

    6. (6)

      If the address of any party is unknown and the party is not represented by an attorney of record, service may be perfected on the party by mail directed to the last known address of the party; and#

    7. (7)

      Service may be waived or acknowledged either before or after filing.#

  2. (b)

    A person may consent to being served with pleadings electronically in a petition for review as provided for in subsection (f) of Code Section 9-11-5.#

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, § 5-3-10, enacted by Ga. L. 2022, p. 767, § 1-1/HB 916.

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 t4-6-(v4)-pdf.pdf, Volume V4, 2013 edition, 2025 supplement, pages 62 to 63; merge action: added; file SHA-256 9d1b53199f62.