2021 Georgia Code
Title 15 - Courts
Chapter 1 - General Provisions
§ 15-1-3. Powers of Courts Generally

Every court has power:

1. To preserve and enforce order in its immediate presence and, as near thereto as is necessary, to prevent interruption, disturbance, or hindrance to its proceedings;
2. To enforce order before a person or body empowered to conduct a judicial investigation under its authority;
3. To compel obedience to its judgments, orders, and process and to the orders of a judge out of court in an action or proceeding therein;
4. To control, in the furtherance of justice, the conduct of its officers and all other persons connected with a judicial proceeding before it, in every matter appertaining thereto;
5. To administer oaths in an action or proceeding pending therein and in all other cases when it may be necessary in the exercise of its powers and duties;
6. To amend and control its processes and orders, so as to make them conformable to law and justice, and to amend its own records, so as to make them conform to the truth; and
7. To correct its own proceedings before final judgment.

(Orig. Code 1863, §§ 200, 3428; Code 1868, §§ 194, 3448; Code 1873, §§ 206, 3499; Code 1882, §§ 206, 3499; Civil Code 1895, §§ 4047, 5118; Civil Code 1910, §§ 4644, 5702; Code 1933, §§ 24-104, 81-1202.)

- Powers of courts with regard to management of churches, § 14-5-45.

- For article comparing sections of the Georgia Civil Practice Act with preexisting provisions of the Georgia Code, see 3 Ga. St. B. J. 295 (1967). For article, "The Civil Jurisdiction of State and Magistrate Courts," see 24 Ga. St. B. J. 29 (1987). For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006).

ANALYSIS

• General Consideration
• Discretion of Court
• Preserving and Enforcing Order
• Compelling Obedience to Judgments, Orders, and Process
• Conduct of Officers and Other Persons
• Oaths
• Amendments

OPINIONS OF THE ATTORNEY GENERAL

Choice of forum.

- Courts of Georgia may not restrict the suitor's choice of forum when jurisdiction of a cause of action is vested in more than one court. 1983 Op. Att'y Gen. No. U83-50.

- Trial judge is ultimately responsible for reducing sentence to writing, even though this duty may be delegated to another officer; in any event, the judge must sign the sentence. 1970 Op. Att'y Gen. No. U70-85.

- Court, assisted by the sheriff of the county, is responsible for undertaking measures necessary to ensure the safety of the court during a habeas corpus proceeding; however, this does not relieve the Board of Corrections from any of the Board's constitutional duties for the custody of inmates. 1973 Op. Att'y Gen. No. 73-57.

- Arrest warrant may be dismissed by the issuing judicial officer at the request of the prosecutor prior to the warrant's execution and need not be dismissed by the court having jurisdiction over the trial of the case. 1985 Op. Att'y Gen. No. U85-27.

- Justice of peace (now magistrate) may prevent interference with a constable in making levy through contempt processes. 1965-66 Op. Att'y Gen. No. 65-63.

Magistrate court may, sua sponte, order the release of arrestees who have been arrested without a warrant if no warrant has been procured as required by O.C.G.A. § 17-4-62, and if an individual has been arrested with a warrant, but has not been afforded a first appearance hearing within 72 hours of the individual's arrest as required by O.C.G.A. § 17-4-26. 1988 Op. Att'y Gen. No. U88-14.

- Department of Public Safety officers are permitted to carry their service weapons and handguns into courthouses, but O.C.G.A. § 16-11-30 does not authorize the officers' entry into courtrooms where the courthouse's security plan and/or judges of that court have directed otherwise. 2017 Op. Att'y Gen. No. 17-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 36 et seq.

- 21 C.J.S., Courts, § 41 et seq.

- Power of court to amend indictment, 7 A.L.R. 1516; 68 A.L.R. 928.

Power of court to issue or to honor letters rogatory, 9 A.L.R. 966; 108 A.L.R. 384.

Forcing party or prosecuting witness to withdraw or not to institute action or proceeding as contempt of court, 23 A.L.R. 187.

Contempt for disobedience of mandamus, 30 A.L.R. 148.

Formality in authentication of judicial acts, 30 A.L.R. 700.

Procuring or attempting to procure witness to leave jurisdiction as contempt, 33 A.L.R. 607.

Inability to comply with judgment or order as defense to charge of contempt, 40 A.L.R. 546; 76 A.L.R. 390, 120 A.L.R. 703.

Power of judiciary to compel legislature to make apportionment of representatives or election districts as required by Constitution, 46 A.L.R. 964.

Judicial power in respect to consolidation or merger of railroads, 51 A.L.R. 1249.

What courts or officers have power to punish for contempt, 54 A.L.R. 318; 73 A.L.R. 1185.

Assaulting, threatening, or intimidating witness as contempt of court, 55 A.L.R. 1230; 52 A.L.R.2d 1297.

Authority of judge in respect of unfinished business of another judge, 58 A.L.R. 848.

Discretion of court to refuse jurisdiction of action against ancillary executor of administrator, 79 A.L.R. 1324.

Disciplinary power of court in respect of suretyship in judicial proceedings, 91 A.L.R. 889.

Power and duty of court as to continuation of action or prosecution upon refusal of city, county, or district attorney to proceed therewith, 103 A.L.R. 1253.

Power and duty of court to keep its files and records free from scandalous matter, 111 A.L.R. 879.

Discretion of trial court in criminal case as to permitting or denying view of premises where crime was committed, 124 A.L.R. 841.

Failure or refusal to surrender possession or disclose whereabouts of property in replevin as contempt, 130 A.L.R. 632.

Power to include separate acts of contempt in a single contempt proceeding, 160 A.L.R. 1104.

Dismissal of action for failure or refusal of plaintiff to obey court order, 4 A.L.R.2d 348; 56 A.L.R.3d 1109; 27 A.L.R.4th 61; 32 A.L.R.4th 212; 3 A.L.R.5th 237.

Right to punish for contempt for failure to obey court order or decree either beyond power or jurisdiction of court or merely erroneous, 12 A.L.R.2d 1059.

Blood grouping tests, 46 A.L.R.2d 1000.

Pleading and burden of proof, in contempt proceedings, as to ability to comply with order for payment of alimony or child support, 53 A.L.R.2d 591.

Prejudicial effect of trial judges remarks, during civil jury trial, disparaging the litigants, the witnesses, or the subject matter of the litigation, 83 A.L.R.2d 1128, 35 A.L.R.5th 1.

Trial court's appointment, in civil case, of expert witness, 95 A.L.R.2d 390.

Prejudicial effect, in argument or summation in civil case, of attacks upon opposing counsel, 96 A.L.R.2d 9.

Power of courts or other public agencies, in the absence of statutory authority, to order compulsory medical care for adult, 9 A.L.R.3d 1391.

Attorney's inaction as excuse for failure to timely prosecute action, 15 A.L.R.3d 674.

Power of court to make or permit amendment of indictment with respect to allegations as to property, objects, or instruments, other than money, 15 A.L.R.3d 1357.

Inherent power of court to compel appropriation or expenditure of funds for judicial purposes, 59 A.L.R.3d 569.

Power of court to impose standard of personal appearance or attire, 73 A.L.R.3d 353.

Power of trial court to dismiss prosecution or direct acquittal on basis of prosecutor's opening statement, 75 A.L.R.3d 649.

Right of injured party to award of compensatory damages or fine in contempt proceedings, 85 A.L.R.3d 895.

Disruptive conduct of accused in presence of jury as ground for mistrial or discharge of jury, 89 A.L.R.3d 960.

Attorney's failure to attend court, or tardiness, as contempt, 13 A.L.R.4th 122.

Validity, propriety, and effect of allowing or prohibiting media's broadcasting, recording, or photographing court proceedings, 14 A.L.R.4th 121.

Court's witnesses (other than expert) in state criminal prosecution, 16 A.L.R.4th 352.

Power of court, in absence of statute, to order psychiatric examination of accused for purpose of determining mental condition at time of alleged offense, 17 A.L.R.4th 1274.

Emotional manifestations by victim or family of victim during criminal trial as ground for reversal, new trial, or mistrial, 31 A.L.R.4th 229.

Calling and interrogation of witnesses by court under Rule 614 of the Federal Rules of Evidence, 53 A.L.R. Fed. 498.