2021 Georgia Code
Title 5 - Appeal and Error
Chapter 4 - Certiorari to Superior Court
§ 5-4-6. Time for Application for Writ; Filing of Petition; Service of Petition and Writ
- All writs of certiorari shall be applied for within 30 days after the final determination of the case in which the error is alleged to have been committed. Applications made after 30 days are not timely and shall be dismissed by the court.
- The certiorari petition and writ shall be filed in the clerk's office within a reasonable time after sanction by the superior court judge; and a copy shall be served on the respondent, within five days after such filing, by the sheriff or his deputy or by the petitioner or his attorney. A copy of the petition and writ shall also be served on the opposite party or his counsel or other legal representative, in person or by mail; and service shall be shown by acknowledgment or by certificate of the counsel or person perfecting the service.
(Laws 1838, Cobb's 1851 Digest, p. 528; Laws 1850, Cobb's 1851 Digest, p. 529; Ga. L. 1855-56, p. 233, § 16; Ga. L. 1858, p. 88, § 1; Code 1863, §§ 2861, 3965; Code 1868, §§ 2869, 3985; Code 1873, §§ 2920, 4057; Code 1882, §§ 2920, 4057; Ga. L. 1889, p. 84, § 1; Civil Code 1895, §§ 3771, 4642; Civil Code 1910, §§ 4365, 5188; Ga. L. 1924, p. 59, §§ 1, 2; Code 1933, §§ 19-209, 19-210; Ga. L. 1961, p. 190, §§ 2, 3.)
Law reviews.- For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Time for Filing Application
- Notice
RESEARCH REFERENCES
Am. Jur. 2d.
- 14 Am. Jur. 2d, Certiorari, § 52 et seq.
5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.
C.J.S.- 14 C.J.S., Certiorari, §§ 30 et seq., 41 et seq., 61 et seq.
ALR.- Applicability of statute of limitations or doctrine of laches to certiorari, 40 A.L.R.2d 1381.
