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2022 Georgia Code
Title 15 - Courts
Chapter 10 - Magistrate Courts
Article 3 - Civil Proceedings
§ 15-10-41. [Effective July 1, 2023. See note.] No Jury Trials; Appeal

Universal Citation: GA Code § 15-10-41 (2022)
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  1. There shall be no jury trials in the magistrate court.
    1. Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Chapter 3 of Title 5 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. The provisions of Chapter 3 of Title 5 shall also apply to appeals to state court.
    2. No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial. Any voluntary dismissal by the plaintiff or by order of the court for want of prosecution shall be without prejudice except that the filing of a second such dismissal shall operate as an adjudication upon the merits. Review, including review of a denial of a postjudgment motion to vacate a judgment, shall be by petition for review to the state court of that county or to the superior court of that county.

History. Code 1981, § 15-10-41 , enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 5; Ga. L. 1986, p. 701, § 2; Ga. L. 1987, p. 1009, § 1; Ga. L. 1993, p. 974, § 1; Ga. L. 2008, p. 824, § 1/HB 958; Ga. L. 2022, p. 767, § 2-9/HB 916.

Delayed effective date.

Code Section 15-10-41 is set out twice in this Code. This version is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.

The 2022 amendment, effective July 1, 2023, in paragraph (b)(1), deleted “Article 2 of” preceding “Chapter 3” in the first sentence, and deleted “of said Article 2” following “provisions” in the second sentence, and in paragraph (b)(2), substituted “petition for review” for “certiorari” in the third sentence. See Editor’s notes for applicability.

Editor’s notes.

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

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