Duties of Clerk

  1. Law
  2. Georgia Code
  3. Courts
  4. Supreme Court
  5. Clerk of the Supreme Court
  6. Duties of Clerk

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The clerk of the Supreme Court shall have the following duties:

  1. To keep an office at the seat of government where all books, records, archives, and the seal of the court shall remain;
  2. To attend all sessions of the court and obey all its lawful orders;
  3. To keep fair and regular minutes of the court's proceedings, a record of its judicial acts, a docket of its cases, and such other books as the court may require;
  4. To certify, when required, upon payment of the lawful fees, all minutes, records, or files of the court;
  5. To arrange the cases on the docket and to give notice in one of the newspapers printed at the place where the court is to be held, 20 days prior to its session, of the order of arrangement;
  6. To make out a remittitur of every case, together with a certificate of the amount of the costs and by whom paid, which remittitur shall consist of a copy of the judgment of the court as entered on the minutes, and nothing more, and to transmit the remittitur as provided by the rules of the Supreme Court;
  7. To issue and sign all writs and processes of every description issued under the authority of the court;
  8. To administer oaths and affidavits in all cases, to take acknowledgments, and to attest deeds, mortgages, and other written instruments of like character;
  9. To collect all costs due on cases in the Supreme Court and to pay over to the Office of the State Treasurer all money arising from costs collected;
  10. On or before the fifth day of each and every month, to submit in writing to the Office of the State Treasurer, with a copy to the state auditor, a full and fair statement of each case in which costs have been collected during the month preceding the report, showing the amount collected and the amount not collected. If any balance due by the clerk has not been collected, aside from costs due in indigency cases, or has been collected but not paid over, then the clerk shall be liable to be ruled by the Office of the State Treasurer in the Supreme Court, in term time, on the same terms as other officers are ruled; and
  11. To discharge whatever other duties may be required by law or the court or which necessarily appertain to the office.

(Laws 1845, Cobb's 1851 Digest, p. 451; Ga. L. 1851-52, p. 214, § 3; Ga. L. 1855-56, p. 199, § 5; Ga. L. 1857, p. 93, § 1; Code 1863, § 216; Code 1868, § 210; Code 1873, § 223; Ga. L. 1875, p. 87, §§ 2, 3; Code 1882, § 223; Civil Code 1895, § 5510; Ga. L. 1900, p. 57, § 1; Civil Code 1910, § 6122; Code 1933, § 24-4103; Ga. L. 1943, p. 387, §§ 1, 2; Ga. L. 1983, p. 956, § 5; Ga. L. 1993, p. 1402, § 5; Ga. L. 2010, p. 863, § 2/SB 296.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Clerks of Court, § 20 et seq.

C.J.S.

- 21 C.J.S., Courts, § 334 et seq.


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