HB 688: Appeal and error; service of process; provide by certified mail and statutory overnight delivery, return receipt requested

Under current Georgia law governing appeals (O.C.G.A. § 5-3-10), documents can be served in person, by ordinary mail, or electronically. This bill tightens the mail option: it specifies that mailed service must be done through certified mail or statutory overnight delivery, both requiring a return receipt as proof of delivery. It also updates the certificate of service form that parties fill out, replacing the generic 'delivery, mail, or email' language with a version that spells out 'delivery, certified mail, or statutory overnight delivery, return receipt requested, or email' and includes blanks for the number of copies and the name of the party served. The bill also keeps existing rules that service by mail is complete once deposited, that three extra days are added to response deadlines when service is by mail, and that parties with unknown addresses can be served by mail at their last known address. It updates each of these provisions to require certified mail or statutory overnight delivery with a return receipt instead of plain mail. The law would take effect once signed and applies to the appeals process in Georgia's court system.

• Requires that mailed service of appeal documents use certified mail or statutory overnight delivery, return receipt requested, rather than ordinary mail.
• Rewrites the certificate of service form parties use to reflect the new certified mail and statutory overnight delivery options and adds blanks for copy count and recipient name.
• Keeps the rule that mailed service is considered complete on the day it is deposited, now applying it specifically to certified mail or statutory overnight delivery.
• Preserves the three extra days added to response deadlines for mail service, now tied to certified mail or statutory overnight delivery.
• Applies the certified mail or statutory overnight delivery requirement to serving parties whose address is unknown and who lack an attorney of record.

Attorneys, self-represented litigants, and court clerks involved in Georgia appeals, since they must follow the updated method for serving documents by mail and use the revised certificate of service form.

Parties in Georgia appeals would need to use trackable mail methods with proof of delivery instead of ordinary mail, which could add cost and require return receipts as documentation, while still preserving the extra three days built into response deadlines for mailed service.

• Section 1 revises paragraph (2) of O.C.G.A. § 5-3-10(a) to specify service by certified mail or statutory overnight delivery, return receipt requested, as an approved method alongside in-person and electronic service.
• Section 1 also revises subparagraph (a)(4)(C), updating the required wording of the certificate of service to reference certified mail or statutory overnight delivery with return receipt.
• Section 1 revises paragraph (5) so that service by certified mail or statutory overnight delivery is deemed perfected on the day of mailing, with three extra days added to response deadlines.
• Section 1 revises paragraph (6) to require certified mail or statutory overnight delivery, return receipt requested, when serving a party whose address is unknown and who has no attorney of record.
• Section 2 repeals any conflicting laws.

1. 2026-02-24House Committee Favorably Reported (Cámara de Representantes)
2. 2025-03-04House Second Readers (Cámara de Representantes)
3. 2025-03-03House First Readers (Cámara de Representantes)
4. 2025-02-28House Hopper (Cámara de Representantes)

• Omari Crawford (D, HD-089)Patrocinador principal
• Scott Holcomb (D, HD-101)
• Mary Oliver (D, HD-084)
• Anne Westbrook (D, HD-163)

• appeals process
• court procedure
• legal service of process
• civil litigation rules