Official Code of Georgia Annotated

Title 50. STATE GOVERNMENT · Chapter 21. WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS · Article 2. STATE TORT CLAIMS

50-21-35. Service of process; mailing of complaint.

Active

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

(a)
A chief executive officer of a state government entity shall provide a designee or designees for service of process for civil actions brought against the state under this article by publishing conspicuously on the homepage of the state government entity’s website:#
1. (1)
  The name and title of such designee or designees; and#
2. (2)
  The office address of such designee or designees for service of process.#
(b)
The director of the Risk Management Division of the Department of Administrative Services shall provide a designee for service of process for civil actions brought against the state under this article by publishing conspicuously on the homepage of such division’s website:#
1. (1)
  The name and title of such designee; and#
2. (2)
  The office address of such designee for service of process.#
(c)
A designee for service of process shall be present at the published office address no fewer than three days each Monday through Friday, excluding state observed holidays and other office closures, between the hours of 9:00 A.M. and 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable.#
(d)
Except as otherwise provided in subsection (f) of this Code section, in all civil actions brought against the state under this article, to perfect service of process the plaintiff must both:#
1. (1)
  Cause process to be served upon the chief executive officer of the state government entity involved, or his or her designee, at his or her usual office address; and#
2. (2)
  Cause process to be served upon the director of the Risk Management Division of the Department of Administrative Services, or his or her designee, at his or her usual office address.#
(e)
The time for the state to file an answer shall not begin to run until process has been served upon all required persons.#
(f)
A copy of the complaint showing the date of filing shall also be mailed to the Attorney General at his or her usual office address, by certified mail or statutory overnight delivery, return receipt requested, and there shall be attached to the complaint a certificate that this requirement has been met.#

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, § 50-21-35, enacted by Ga. L. 1992, p. 1883, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2023, p. 248, § 3-1/SB 74, effective May 1, 2023.

Amendments

The 2023 amendment, effective May 1, 2023, rewrote this Code section, which read: “In all civil actions brought against the state under this article, to perfect service of process the plaintiff must both: (1) cause process to be served upon the chief executive officer of the state government entity involved at his or her usual office address; and (2) cause process to be served upon the director of the Risk Management Division of the Department of Administrative Services at his or her usual office address. The time for the state to file an answer shall not begin to run until process has been served upon all required persons. A copy of the complaint, showing the date of filing, shall also be mailed to the Attorney General at his or her usual office address, by certified mail or statutory overnight delivery, return receipt requested and there shall be attached to the complaint a certificate that this requirement has been met.” See Editor’s notes for applicability.

Editor's notes

Ga. L. 2023, p. 248, § 4-1(2)/SB 74, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply only to causes of action occurring on or after July 1, 2023.

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

Text read from t50-ch13-40-(v38a)-pdf.pdf, Volume V38A, 2021 edition, 2025 supplement, pages 90 to 92; merge action: replaced; file SHA-256 b16c9911bd37.

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