---
title: O.C.G.A. § 5-5-1. Power of superior, state, and juvenile courts, the Georgia State-wide Business Court, and the City Court of Atlanta; power of probate courts.
collection: code
id: 5-5-1
cite_as: O.C.G.A. § 5-5-1 (2025)
canonical_url: https://georgiacommons.org/code/5-5-1
md_url: https://georgiacommons.org/code/5-5-1.md
text_url: https://georgiacommons.org/code/5-5-1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t4-6-(v4)-pdf.pdf?sfvrsn=e24c7bd9_0#page=75
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/5-5.md
previous: https://georgiacommons.org/code/5-4-20.md
next: https://georgiacommons.org/code/5-5-20.md
index: https://georgiacommons.org/code/index.md
version: Effective July 1, 2026.
in_force: true
other_versions:
  - version: Effective until July 1, 2026.
    in_force: false
    md_url: https://georgiacommons.org/code/5-5-1.md?version=until+July+1%2C+2026
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: APPEAL AND ERROR / NEW TRIAL / GENERAL PROVISIONS
extraction_warnings:
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---

# O.C.G.A. § 5-5-1. Power of superior, state, and juvenile courts, the Georgia State-wide Business Court, and the City Court of Atlanta; power of probate courts.

(a) The superior, state, and juvenile courts, the Georgia State-wide Business Court, the Georgia Tax Court, and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.

(b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts.

## History

Laws 1799, Cobb’s 1851 Digest, p. 503.; Code 1863, § 3636; Code 1868, § 3661; Code 1873, § 3712; Code 1882, § 3712; Civil Code 1895, § 5474; Civil Code 1910, § 6079; Code 1933, § 70-102; Ga. L. 1986, p. 982, § 4; Ga. L. 2000, p. 862, § 1; Ga. L. 2019, p. 845, § 2-1/HB 239; Ga. L. 2024, p. 888, § 2-2/HB 1267, effective July 1, 2026.

## Editor's Notes

Ga. L. 2024, p. 888, § 4-1(a)/HB 1267, not codified by the General Assembly, provides that the 2024 amendment to this Code section shall only become effective on July 1, 2026, upon the ratification of a resolution at the November, 2024, state-wide general election that amends the Constitution so as to authorize the General Assembly to provide by general law for the establishment of the Georgia Tax Court with state-wide jurisdiction. If such a resolution is not so ratified, then the amendments to this Code section shall not become effective and shall stand repealed on January 1, 2025. The constitutional amendment proposed in Ga. L. 2024, p. 1189, authorizing the establishment of the state-wide Georgia Tax Court, was approved by a majority of the qualified voters voting at the general election held on November 5, 2024.

## Law Reviews

For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).

## Amendments

The 2019 amendment, effective May 7, 2019, inserted “, the Georgia State-wide Business Court,” near the beginning of subsection (a).

The 2024 amendment, effective July 1, 2026, inserted “the Georgia Tax Court,” in subsection (a).

## Delayed Effective Date

Code Section 5-5-1 is set out twice in this Code. This version is effective July 1, 2026. For version effective until July 1, 2026, see the preceding version.