Título 5. APPEAL AND ERROR · Capítulo 3. SUPERIOR AND STATE COURT APPELLATE PRACTICE
5-3-3. Definitions.
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
El texto siguiente es la ley tal como la imprime el estado, en inglés.
As used in this chapter, the term:
- (1)
“Article 6 probate court” means a probate court with expanded jurisdiction as provided in Article 6 of Chapter 9 of Title 15.#
- (2)
“Clerk” means a clerk of court or an individual who acts as the functional equivalent of a clerk of court if a lower judicatory does not have an official clerk of court.#
- (3)
“Decision” means any formal or informal adjudication, decision, determination, judgment, order, ruling, or other act of a judicatory that is judicial or quasi-judicial in nature.#
- (4)
“Final judgment” means a decision of a lower judicatory in a case that is no longer pending in a lower judicatory in which a petitioner has:#
- (5)
“Judicatory” means any court, official, board, tribunal, commission, municipal or county authority, council, or similar body exercising judicial or quasi-judicial powers authorized by law. The term “judicatory” shall include an arbitrator, administrative law judge, mediator, or similar adjudicator authorized by law to act on behalf or at the request of any public official or body.#
- (7)
“Perfect” or “perfected” means to take all legal steps needed to complete service of process.#
- (8)
“Person” means an individual, corporation, association, partnership, other organization, or other entity.#
- (9)
“Petition for review” means any request for review of a final judgment filed in a reviewing court by a petitioner, including, but not limited to, any request for review formerly titled as a petition for writ of certiorari, petition for writ of mandamus, petition for writ of prohibition, or notice of appeal.#
- (10)
“Reporting” shall have the same meaning as the term “court reporting” as defined in paragraph (4) of Code Section 15-14-22.#
- (11)
“Respondent” means a person who is adverse to the petitioner and a party to the dispute underlying the final judgment rendered by the lower judicatory. Except for reasons other than having rendered the final judgment under review, the term ‘respondent’ shall not include any judge, official, or member of the lower judicatory that rendered the final judgment under review. If there is no party adverse to the petitioner, the respondent shall be:#
- (A)
For quasi-judicial decisions rendered by a state official, board, tribunal, commission, authority, council, or similar body, the State of Georgia;#
- (B)
For quasi-judicial decisions rendered by a municipal official, board, tribunal, commission, authority, council, or similar body, the corresponding municipality; and#
- (C)
For quasi-judicial decisions rendered by a county or local school system official, board, tribunal, commission, authority, council, or similar body, the corresponding county or local school system.#
- (12)
“Reviewing court” means a superior or state court reviewing a final judgment pursuant to this chapter.#
History
Code 1981, § 5-3-3, enacted by Ga. L. 2022, p. 767, § 1-1/HB 916; Ga. L. 2024, p. 1052, § 6(1)/SB 448, effective July 1, 2024.
Amendments
The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, deleted “the respondent shall be” following “body,” in subparagraphs (11)(A) through (11)(C).
Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Texto leído de t4-6-(v4)-pdf.pdf, Volumen V4, edición 2013, suplemento de 2025, páginas 54 a 55; acción de fusión: replaced; SHA-256 del archivo 9d1b53199f62.