What should I know about the court system in Georgia?

Contents

• What are the different courts and what types of cases do they hear?
• What should I know about Georgia state courts?
• What should I know about the federal court system?
• What is personal jurisdiction?

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What are the different courts and what types of cases do they hear?

The court system is made up of many different courts. Each court has the authority to hear specific types of cases. Cases might be heard in one of Georgia’s state courts or in the federal court system. Understanding the court system will help you bring your case in the correct court. 

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What should I know about Georgia state courts?

The Georgia court system has both trial-level and appellate-level courts. 

 

Trial Courts

Georgia has a number of courts that have what is called original jurisdiction. Courts that have original jurisdiction are the first to hear and decide a case. They are called trial courts.

 

Superior Court

The superior court is the main trial court in Georgia. Superior courts are courts of general jurisdiction. The superior courts are divided into 49 circuits, or geographic areas. In circuits that include more than one county, the superior court holds sessions in each county at least once each year. 

 

The superior court’s jurisdiction includes civil cases, misdemeanors and other cases.

 

There are some kinds of cases that can only be heard in superior courts. This is called “exclusive jurisdiction.” The superior court has exclusive jurisdiction over:

• Domestic relations cases,

• Title to land,

• Equity cases, and

• Felony cases.

 

In some cases, the superior courts also hear appeals of cases from the other trial-level courts.

 

State Court

Only 70 counties have state courts. State courts were created to lessen the caseload in superior courts. They have jurisdiction over: 

• Criminal misdemeanors and 

• Civil cases that are not exclusive to superior courts. 

 

Probate Court

Each county has a probate court. All probate courts have jurisdiction to: 

• Probate wills (that is, to establish a will as genuine and valid),

• Administer estates when a person dies and there is no will,

• Order involuntary hospitalization of an incapacitated adult,

• Appoint legal guardians to handle the affairs of some people,

• Issue marriage licenses, and 

• Issue licenses to carry firearms.

 

In counties where there is no state court, probate judges might also hear:

• Traffic violations,

• Certain misdemeanors, and 

• State game and fish citations.

 

Juvenile Court

Each county also has a juvenile court. They hear all matters involving juveniles under 17 years old who are accused of:

• A delinquent act. These are acts that would be a crime if it was committed by an adult.

  • For some serious felonies, including murder and rape, anyone over 12 years old will be charged as an adult. 

• A status offense. These are acts that are only crimes when a juvenile does them, including:

  • Skipping school (truancy), or

  • Running away.

• Traffic offenses.

 

The juvenile court hears dependency cases for minors under the age of 18. When a child is thought to be abused, neglected, or without a parent or guardian, a dependency action is brought to remove the child from the custody of their parent or guardian. Juvenile courts have concurrent jurisdiction with probate courts when a permanent guardian is appointed for a minor. These courts might handle legitimation and child support matters that come up during dependency cases.

 

Juvenile courts also handle:

• Consent for marriage of a minor, 

• Enlistment of a minor in the military, and 

• Emancipation cases. 

 

Magistrate Court

Magistrate courts:

• Issue warrants,

• Hear minor criminal offenses, and 

• Hear civil claims involving $15,000 or less. 

 

In criminal matters, the magistrate court may also hold preliminary hearings or set bail for defendants. 

 

Municipal and Special Courts

In some cities, there are also municipal and special courts that do not come under the state system. There may be a municipal court to handle specific types of cases, including:

• Traffic offenses, 

• Ordinance violations,

• Preliminary criminal hearings, or

• Misdemeanor cases.

 

Appellate Courts

Like most states, Georgia has two appellate courts: the Georgia Supreme Court and the Georgia Court of Appeals. As appellate courts, they have the power to review and revise the judicial actions of lower courts.

 

Georgia Court of Appeals

The intermediate appellate court, the Georgia Court of Appeals, hears appeals in all cases except those reserved exclusively for the Supreme Court. No new evidence is permitted in the appellate courts. 

 

Georgia Supreme Court

The Georgia Supreme Court is the highest court in the state. It hears cases in which it has exclusive appellate jurisdiction. The Georgia Supreme Court has exclusive jurisdiction over cases involving:

• Constitutional issues,

• Habeas Corpus,

• Convictions for capital offenses, 

• Election disputes, and 

• Death penalty cases. 

 

The Supreme Court may also hear appeals from the losing party in a decision originally appealed to the Georgia Court of Appeals. However, the Supreme Court can decide whether or not it wishes to review these cases. The Supreme Court usually reviews only two kinds of cases. One kind involves important legal principles. The other kind concerns cases in which the court thinks a great injustice might have occurred.

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What should I know about the federal court system?

The federal court system is somewhat similar to the Georgia court system. There are a number of trial courts and two appellate courts.

 

The system divides the country into 12 circuits. Each circuit has a court of appeals. This court hears appeals from the district courts in the circuit.

 

Trial Courts

District courts

Each state is divided into districts. There are one to four districts per state. Georgia has three districts: Northern, Middle, and Southern. Each district has a trial court. District trial courts are the principal trial courts of the federal system. They are courts of general jurisdiction. However, there are some limitations. For instance, in a civil case, the matter at issue must involve $50,000 or more for a district court to hear it.

 

Special Courts

The federal system has a number of trial and appellate courts with limited and exclusive jurisdictions. These courts include: 

• the U.S. Court of Claims, 

• the Tax Court of the United States, and 

• the U.S. Court of International Trade (whose appeals go first to the U.S. Court of Customs and Patent Appeals). In addition, there are military courts. 

• Military court decisions are appealed to the U.S. Court of Military Appeals, which has final jurisdiction. 

• Bankruptcy courts are also a special type of court in the federal system. Bankruptcy cases are initiated in these courts, and appeals relating to them are conducted in the U.S. District Court.

 

Appellate Courts

Each circuit has a court of appeals. This court hears appeals from the district courts in the circuit. Georgia is part of the Eleventh Circuit. 

 

The U.S. Supreme Court, has appellate jurisdiction over all federal and state court cases that involve a point of federal law. Unlike the Georgia Supreme Court, can act as a trial court. It can hear certain cases for the first time. For example, the Supreme Court would hear controversies between state governments, such as boundary disputes.

 

Like the Georgia Supreme Court, the U.S. Supreme Court hears only certain types of appeals. Generally, these appeals involve substantial questions of federal constitutional law. However, the Supreme Court can decide whether to review decisions of the court of appeals.

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What is personal jurisdiction?

Once you find the court that handles the type of case you wish to bring, you must make sure to file in the right part of Georgia. 

 

A court must also have power (or authority) to act with respect to the parties before it. This authority is called personal jurisdiction. Two elements must be met for a court to have personal jurisdiction over the parties.

 

First, there must be a reasonable relationship between the court and the parties. The relationship is often a matter of place and location. In civil cases, the court in the county where the defendant lives is usually where the case will be heard. Sometimes, the defendant lives outside the state but has enough contacts within the state to come under what is called the "long-arm" statute. The civil case would therefore be heard in the county where the problem took place. 

 

In criminal cases, the court of the county in which the crime was committed has personal jurisdiction over the person arrested.

 

The second element of personal jurisdiction is the court must notify defendants of the claims or charges against them. This gives defendants the opportunity to protect their rights. A defendant must be notified enough in advance to allow time to prepare adequately for the defense of the case. Notice can be waived (or given up), but the waiver can only be done willingly and with full understanding of the consequences.

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Contents

• How do I start a civil court case?
• How do I start a criminal case?

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How do I start a civil court case?

A civil court case begins with filing a legal action at the office of Clerk of the Court.

 

Filing means giving legal papers to the Clerk of the Court for the appropriate court.The papers become a part of the case.

 

People usually get a lawyer to do their court work for them. However, each one of us has the right to do our own court work. Only a lawyer is allowed to represent (do court work for) others. Doing your own court work is called pro se (pronounced: pro say) representation.

 

Taking a problem to court begins with writing a court paper called a complaint or petition.

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How do I start a criminal case?

Criminal cases are brought by the state through a prosecutor, not citizens. If you believe someone has committed a crime, you can file a criminal complaint with the police. If you are worried about your safety, you may want to speak to an attorney first.

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