2021 Georgia Code
Title 15 - Courts
Chapter 10 - Magistrate Courts
Article 1 - General Provisions
§ 15-10-2. General Jurisdiction; Authority of Magistrate to Act
- Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters:
- The hearing of applications for and the issuance of arrest and search warrants;
- Issuance of warrants and related proceedings as provided in Article 4 of Chapter 6 of Title 17, relating to bonds for good behavior and bonds to keep the peace;
- The holding of courts of inquiry;
- The trial of charges of violations of county ordinances and penal ordinances of state authorities;
- The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $15,000.00, provided that no prejudgment attachment may be granted;
- The issuance of summons, trial of issues, and issuance of writs and judgments in dispossessory proceedings and distress warrant proceedings as provided in Articles 3 and 4 of Chapter 7 of Title 44;
- The punishment of contempts by fine not exceeding $200.00 or by imprisonment not exceeding ten days or both;
- The administration of any oath which is not required by law to be administered by some other officer;
- The granting of bail in all cases where the granting of bail is not exclusively committed to some other court or officer;
- The issuing of subpoenas to compel attendance of witnesses in the magistrate court and subpoenas for the production of documentary evidence before the magistrate court;
- Such other matters as are committed to their jurisdiction by other general laws;
- The trial and sentencing of misdemeanor violations of Code Section 16-9-20, relating to criminal issuance of bad checks, as provided by Article 10 of this chapter;
- The execution or subscribing and the acceptance of written waivers of extradition in the same manner provided for in Code Section 17-13-46;
- The trial and sentencing of misdemeanor violations of other Code sections as provided by Article 13 of this chapter;
- The foreclosure of liens on animals as established in Title 4;
- The foreclosure of liens on abandoned mobile homes as established in Article 6 of Chapter 7 of Title 44; and
- The foreclosure of liens on abandoned motor vehicles as established in Article 1A of Chapter 11 of Title 40, "The Abandoned Motor Vehicle Act."
- Each magistrate shall have authority to perform any judicial act which he or she is lawfully entitled to perform, regardless of where such magistrate is located when such judicial act is performed.
(Code 1981, §15-10-2, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1985, p. 1003, § 1; Ga. L. 1986, p. 701, § 1; Ga. L. 1987, p. 399, § 1; Ga. L. 1987, p. 448, § 1; Ga. L. 1987, p. 1032, § 1; Ga. L. 1989, p. 320, § 1; Ga. L. 1989, p. 338, § 1; Ga. L. 1999, p. 834, § 1; Ga. L. 2000, p. 1155, § 1; Ga. L. 2008, p. 324, § 15/SB 455; Ga. L. 2016, p. 178, § 8/SB 356; Ga. L. 2018, p. 666, § 2/HB 381; Ga. L. 2019, p. 872, § 1/HB 307; Ga. L. 2021, p. 423, § 1-5/HB 635.)
The 2018 amendment, effective May 1, 2019, deleted "and" at the end of paragraph (14), substituted "; and" for a period at the end of paragraph (15), and added paragraph (16).
The 2019 amendment, effective September 1, 2019, deleted "and" at the end of paragraph (15), added "; and" at the end of paragraph (16), and added paragraph (17). See Editor's note for effective date.
The 2021 amendment, effective May 4, 2021, designated the existing provisions of this Code section as subsection (a) and added subsection (b).
Cross references.- Statewide applicability of magistrate court rules, Uniform Rules for the Magistrate Courts, Rule 1.3.
Editor's notes.- Ga. L. 2019, p. 872, § 8/HB 307, not codified by the General Assembly, provides: "This Act shall become effective upon approval by the Governor or upon its becoming law without such approval for purposes of developing the required forms and shall become effective on September 1, 2019, for all other purposes." This Act was signed by the Governor on May 7, 2019.
Law reviews.- For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986). For article, "The Civil Jurisdiction of State and Magistrate Courts," see 24 Ga. St. B. J. 29 (1987). For article, "Contempt of Court in Georgia," see 23 Ga. St. B. J. 66 (1987). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 53 (1999).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Powers and Duties Generally
- Jurisdiction Generally
- Criminal Jurisdiction
- Personal Jurisdiction
- Judgments Rendered Outside Jurisdiction
- Division of Debts
- Actions on Several Notes
ANALYSIS
- General Consideration
- Powers and Duties Generally
- Criminal Jurisdiction
RESEARCH REFERENCES
ALR.
- Small claims: jurisdictional limits as binding on appellate court, 67 A.L.R.4th 1117.
7C Am. Jur. Pleading and Practice Forms, Courts, § 1 et seq.