2021 Georgia Code
Title 5 - Appeal and Error
Chapter 4 - Certiorari to Superior Court
§ 5-4-5. Bond and Security Required; Certificate of Payment of Costs; Oath of Security; Affidavit of Indigence
- Before any writ of certiorari shall issue, except as provided in subsection (c) of this Code section, the party applying for the same, his agent, or his attorney shall give bond and good security, conditioned to pay the adverse party in the case the sums sought as an award to be recovered, together with all future costs, and shall also produce a certificate from the officer whose decision or judgment is the subject matter of complaint that all costs which may have accrued on the trial below have been paid. The bond and certificate shall be filed with the petition for certiorari, and security on the bond shall be liable as securities on appeal.
- The person authorized to receive bond and security may compel the security tendered to swear upon oath the means by which he can fulfill the bond obligation. Such action shall exonerate from liability the person receiving the bond and security.
- If the party applying for the writ of certiorari makes and files with his petition a written affidavit that he is advised and believes that he has good cause for certiorari to the superior court and that because of his indigence he is unable to pay the costs or give security, as the case may be, the affidavit shall in every respect answer instead of the certificate and bond above-mentioned.
(Laws 1811, Cobb's 1851 Digest, pp. 523, 524; Code 1863, §§ 3962, 3963, 3964; Code 1868, §§ 3982, 3983, 3984; Code 1873, §§ 4054, 4055, 4056; Code 1882, §§ 4054, 4055, 4056; Civil Code 1895, §§ 4639, 4640, 4641; Ga. L. 1897, p. 33, § 1; Civil Code 1910, §§ 5185, 5186, 5187; Code 1933, §§ 19-206, 19-207, 19-208.)
Law reviews.- For annual survey on zoning and land use law, see 69 Mercer L. Rev. 371 (2017). For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Bond
- Costs
- Affidavit of Indigence
RESEARCH REFERENCES
Am. Jur. 2d.
- 14 Am. Jur. 2d, Certiorari, § 72 et seq.
5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.
C.J.S.- 14 C.J.S., Certiorari, § 53 et seq.
ALR.- Right to sue or appeal in forma pauperis as dependent on showing of financial disability of attorney or other nonparty or nonapplicant, 11 A.L.R.2d 607.
What costs or fees are contemplated by statute authorizing proceeding in forma pauperis, 98 A.L.R.2d 292.
