Duties of Clerks Generally; Computerized Record-Keeping System

1. Law
2. Georgia Code
3. Courts
4. Superior Courts
5. Clerks of Superior Courts
6. Duties of Clerks Generally; Computerized Record-Keeping System

1. It is the duty of a clerk of superior court:
   1. To keep the clerk's office and all things belonging thereto at the county site and at the courthouse or at such other place or places as authorized by law;
   2. To attend to the needs of the court through the performance of the duties of the clerk required and enumerated by law, or as defined in court order, or rules;
   3. To issue and sign every summons, writ, execution, process, order, or other paper under authority of the court and attach seals thereto when necessary. The clerk shall be authorized to issue and sign under authority of the court any order to show cause in any pending litigation and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted;
   4. To keep in the clerk's office the following:
      1. An automated civil case management system which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, Uniform Interstate Family Support Act actions, domestic relations, contempt actions, motions and modifications on closed civil actions, any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action, and all other actions civil in nature except adoptions;
      2. An automated criminal case management system which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of clerk of superior court in accordance with rules promulgated by the Criminal Case Data Exchange Board. The criminal case management system shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed. When a case is dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; and
      3. A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, executions, lis pendens, maps and plats, and all other documents concerning or evidencing title to real or personal property. When any other law of this state refers to a general execution docket, lis pendens docket, or attachment docket, such other law shall be deemed to refer to the docket or other record or records provided for in this subparagraph, regardless of the format used to store such docket;
   5. To keep all the books, papers, dockets, and records belonging to the office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference;
   6. To keep at the clerk's office all publications of the laws of the United States furnished by the state and all publications of the laws and journals of this state, all statute laws and digests, this Code, which shall be paid for from county or law library funds, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to the clerk, for the public's convenience; provided, however, that the clerk may consent that these publications be maintained in the public law library;
   7. To procure a substantial seal of office with the name of the court and the county inscribed thereon;
   8. To make out and deliver to any applicant, upon payment to the clerk of legal fees, a correct transcript, properly certified, of any minute, record, or file of the clerk's office except for such records or documents which are, by provision of law, not to be released;
   9. Upon payment of legal fees to the clerk, to make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record to be transmitted to the Supreme Court and the Court of Appeals;
   10. To make a notation on all conveyances of real or personal property, including liens, of the date and time they were filed for recordation, which shall be evidence of the facts stated. When the clerk accepts an instrument or document for filing, the clerk shall note the date and time of receipt of such instrument or document on the instrument or document. All liens or conveyances presented to the clerk for filing shall be on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch paper or the digital equivalent and shall have a three-inch margin at the top to allow space for the clerk's notation required by this paragraph. The clerk shall not record any instrument or document conveying real or personal property, including liens, that is not prepared as required by this paragraph and without receiving all required fees and taxes that are due in connection with such filing. The notation required by this paragraph may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, mechanical printing, or electronic signature or stamp;
   11. To attest deeds and other written instruments for registration;
   12. To administer all oaths required by the court or that may otherwise be required by law and to record all oaths required by law;
   13. To transmit to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent within 24 hours of filing of any financing statement, amendment to a financing statement, assignment of a financing statement, continuation statement, termination statement, or release of collateral, by facsimile or other electronic means, such information and in such form and manner as may be required by the Georgia Superior Court Clerks' Cooperative Authority, for the purpose of including such information in the central indexing system administered by such authority; provided, however, that weekends and holidays shall not be included in the calculation of the 24 hour period;
   14. To remit to the Georgia Superior Court Clerks' Cooperative Authority a portion of all fees collected with respect to the filings of financing statements, amendments to financing statements, assignments of financing statements, continuation statements, termination statements, releases of collateral, or any other documents related to personal property and included in the central index, in accordance with the rules and regulations of such authority regarding the amount and payment of such fees; provided, however, that such fees shall be remitted to the authority not later than the tenth day of the month following the collection of such fees, and the clerk shall not be required to remit such fees more often than once a week;
   15. To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate and personal property data for any such information systems established by such authority so as to provide for public access to real estate and personal property information, including liens filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property and such personal property information or access to such information which is of record in the office of clerk of superior court and which is necessary to establish and maintain the information system, including information filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of superior court shall provide and transmit real estate and personal property information filed in the office of clerk of superior court, including information required by Code Section 44-2-2 and maps and plats, to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority;
   16. To participate in any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning carbon sequestration results and related transactions for any such information systems established by such authority for purposes of the carbon sequestration registry established pursuant to Article 5 of Chapter 6 of Title 12, so as to provide for public access to carbon sequestration registry information. Each clerk of superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such information evidencing carbon sequestration results and related transactions and access to such information which is of record in the office of clerk of superior court and which is necessary for purposes of the carbon sequestration registry. Each clerk of superior court shall provide and transmit carbon sequestration results and related transaction information filed in the office of clerk of superior court to the authority for testing and operation of the electronic information system for the carbon sequestration registry at such times and in such form as prescribed by the authority. Each clerk shall charge and collect such fees as may be established by the Georgia Superior Courts Clerks' Cooperative Authority, which shall be paid into the county treasury less and except any sums as are otherwise directed to be paid to the authority, all in accordance with rules and regulations adopted by the authority pursuant to Code Section 15-6-97.2;
   17. To file all civil case filing and disposition forms and transmit the data contained on such forms to the Administrative Office of the Courts through electronic means provided by the Administrative Office of the Courts for such purpose which shall constitute the only transmission of such data required between the clerks of the superior courts and the Administrative Office of the Courts;
   18. To electronically collect all data elements required in subsection (g) of Code Section 35-3-36, and such clerk of superior court may transmit such data to the Georgia Superior Court Clerks' Cooperative Authority in a form and format required by such authority and The Council of Superior Court Clerks of Georgia. Any data transmitted to the authority pursuant to this paragraph shall be transmitted to the Georgia Crime Information Center in satisfaction of the clerk's duties under subsection (g) of Code Section 35-3-36 and to the Georgia Courts Automation Commission which shall provide the data to the Administrative Office of the Courts for use by the state judicial branch. Public access to said data shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the authority;
   19. To participate in agreements, contracts, and networks necessary or convenient for the performance of duties required by law;
   20. To perform such other duties required by law or as necessarily appertain to the office of clerk of superior court; and
   21. To keep an automated, computer based jury management system that facilitates the maintenance of the county master jury list pursuant to the provisions of Chapter 12 of this title unless such duty is delegated to a jury clerk as provided in subsection (a) of Code Section 15-12-11 or Code Section 15-12-12.
2. Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of superior court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. Regardless of the automated or computerized system elected, each clerk shall maintain and make readily available to the public real estate grantor and grantee indices, which shall be updated regularly and prepared in compliance with paragraph (15) of subsection (a) of this Code section and Code Section 15-6-66. A clerk of superior court shall be deemed to satisfy the provisions of subsection (i) of Code Section 50-18-71 when on-site, electronic access to computerized indices of county records is provided to the public during regular business hours and in compliance with this Code section.

(Laws 1799, Cobb's 1851 Digest, p. 573; Laws 1807, Cobb's 1851 Digest, p. 199; Laws 1810, Cobb's 1851 Digest, p. 577; Laws 1850, Cobb's 1851 Digest, p. 455; Ga. L. 1851-52, p. 77, § 1; Code 1863, § 262; Code 1868, § 256; Code 1873, § 267; Code 1882, §§ 267, 4710a; Ga. L. 1882-83, p. 55, § 1; Ga. L. 1889, p. 99, § 1; Ga. L. 1889, p. 106, § 1; Ga. L. 1890-91, p. 208, § 1; Ga. L. 1892, p. 68, § 1; Civil Code 1895, §§ 4360, 4361; Penal Code 1895, § 797; Civil Code 1910, §§ 4891, 4892; Penal Code 1910, § 797; Code 1933, §§ 24-2714, 24-2715; Ga. L. 1939, p. 345, § 2; Ga. L. 1946, p. 726, § 1; Ga. L. 1950, p. 108, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 304, § 1; Ga. L. 1956, p. 785, § 1; Ga. L. 1960, p. 120, § 1; Ga. L. 1960, p. 196, §§ 1, 2; Ga. L. 1962, p. 639, § 1; Ga. L. 1962, p. 662, § 1; Ga. L. 1965, p. 625, § 1; Ga. L. 1967, p. 648, § 1; Ga. L. 1978, p. 1787, § 1; Ga. L. 1982, p. 3, § 15; Ga. L. 1982, p. 2107, § 5; Ga. L. 1983, p. 3, § 12; Ga. L. 1989, p. 395, § 1; Ga. L. 1993, p. 1550, § 8; Ga. L. 1994, p. 1693, § 14; Ga. L. 1997, p. 565, §§ 1, 2; Ga. L. 1999, p. 81, § 15; Ga. L. 2000, p. 850, § 6; Ga. L. 2000, p. 1205, § 1; Ga. L. 2001, p. 1001, § 1; Ga. L. 2002, p. 799, §§ 1, 2; Ga. L. 2004, p. 343, § 2; Ga. L. 2008, p. 324, § 15/SB 455; Ga. L. 2011, p. 59, § 1-3/HB 415; Ga. L. 2012, p. 173, § 1-10/HB 665; Ga. L. 2014, p. 126, § 1/HB 215; Ga. L. 2014, p. 451, § 2/HB 776; Ga. L. 2017, p. 632, § 2-5/SB 132; Ga. L. 2018, p. 550, § 1-2/SB 407; Ga. L. 2019, p. 845, § 6-2/HB 239.)

The 2018 amendment, effective July 1, 2018, in subparagraph (a)(4)(B), added "in accordance with rules promulgated by the Criminal Case Data Exchange Board" at the end of the first sentence, deleted "at the discretion of the presiding judge and which shall be called only at the judge's pleasure" following "docketed" at the end of the second sentence, and deleted "thus" following "When a case is" near the beginning of the third sentence; and, in paragraph (a)(18), substituted the present provisions of the first sentence for the former provisions, which read: "To electronically collect and transmit to the Georgia Superior Court Clerks' Cooperative Authority all data elements required in subsection (g) of Code Section 35-3-36 in a form and format required by the Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia.", and substituted "Any" for "The" at the beginning of the second sentence.

The 2019 amendment, effective May 7, 2019, inserted "any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action," near the end of subparagraph (a)(4)(A).

Cross references.

- Requirement that execution on property be entered on execution docket before money judgment will create lien against third parties without notice, § 9-12-81 et seq.

Use of photostatic and photographic equipment by clerks, § 15-6-87.

Duty of clerk to prepare and file list of persons who appear to be disqualified from voting by reason of conviction of crime, § 21-2-232.

Delivery of absentee ballots to clerk upon conclusion of primary or election, § 21-2-390.

Delivery of ballots and list of voters to clerk upon completion of election returns, § 21-2-500.

Powers and duties of clerks with regard to recording of deeds and other instruments generally, § 44-2-1 et seq.

Requirement that clerk make written request to Secretary of State to obtain Georgia Laws, § 45-13-22(f).

Standards governing use of microforms by agencies of state government or any of its political subdivisions, § 50-18-120 et seq.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1989, "record-keeping" was substituted for "record keeping" in subsection (b).

Pursuant to Code Section 28-9-5, in 2000, "this Code section" was substituted for "Code Section 15-6-61" near the end of subsection (b).

Pursuant to Code Section 28-9-5, in 2012, "subsection (i) of Code Section 50-18-71" was substituted for "subsection (c) of Code Section 50-18-70" in the last sentence of subsection (b).

Editor's notes.

- Ga. L. 2004, p. 343, § 5, not codified by the General Assembly, provides that the 2004 amendment becomes effective only when funds are specifically appropriated for purposes of that Act in an appropriations Act making specific reference to that Act. Funds were appropriated at the 2006 session of the General Assembly.

Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'"

Law reviews.

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 45 (2018). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 41 (1993). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 70 (1994).

JUDICIAL DECISIONS

ANALYSIS

• General Consideration
• Role of Clerk
• Dead Docket
• Evidence and Admissibility
• Other Personnel

General Consideration

Execution dockets are in their essence public records.

- Clerk is under a duty to keep dockets and to record such entries therein. In making such entries with the dates shown, the clerk is presumed as a public officer to faithfully and accurately perform the duties devolving upon the clerk by law, and being public records, these dockets are to be taken as speaking the truth and as justifying an examiner to rely on their contents, as otherwise the examiner might be misled to the examiner's injury and damage. Pope v. United States Fid. & Guar. Co., 200 Ga. 69, 35 S.E.2d 899 (1945).

Appearance docket should not be dispensed with. Rock Island Paper Mills Co. v. Todd & Rafferty, 37 Ga. 667 (1868).

Dismissal for want of appearance improper when incorrect docket.

- If a case belongs on the issue docket and is entered on the motion docket, the case should not, on the calling of the latter docket, be dismissed for want of appearance. Harris & Bussey v. Lowe & Bro., 81 Ga. 676, 8 S.E. 419 (1888).

Entry on the general execution docket operates as notice under former Civil Code 1910, § 3321 (see now O.C.G.A. § 9-12-81). Merrick v. Taylor, 14 Ga. App. 81, 80 S.E. 343 (1913).

Defect in fieri facias amount may be cured by amendment.

- If a judgment for alimony is payable in installments, and more than one fieri facias has been issued, no fieri facias can lawfully include any amount which has been included in a previous fieri facias; but, if such is done, it is a defect which may be cured by amendment. Stephens v. Stephens, 171 Ga. 590, 156 S.E. 188 (1930).

City court clerk not authorized to issue distress warrant.

- Act which establishes a city court and gives the clerk thereof the same powers as the clerk of the superior court does not authorize such clerk to issue a distress warrant. Woolsey v. Lawshe, 1 Ga. App. 817, 57 S.E. 1039 (1907).

Time of commencement of suit is date of filing as entered upon the petition when such filing is followed by appropriate service. Thompson v. Thompson, 214 Ga. 776, 107 S.E.2d 655 (1959).

No defense that process not signed by clerk when clerk is defendant.

- In an action against an individual who is the clerk of the court in which the action is filed, the individual defendant is estopped to assert as a defense that the process attached to the petition was not signed by the clerk of the court. Jones v. Bland, 69 Ga. App. 883, 27 S.E.2d 102 (1943).

Contracts to publish public records.

- Contract between the county and a company allowing that company to obtain copies of certain public indices and records and make those copies available for a fee is not invalid as an attempt to control or expand the clerk's duties. Price v. Fulton County Comm'n, 170 Ga. App. 736, 318 S.E.2d 153 (1984).

Foreclosure confirmation proceeding.

- Filing of a confirmation petition with the clerk of court was insufficient to meet the mandates of O.C.G.A. § 44-14-161(a). Lanier Bank & Trust Co. v. Nix, 221 Ga. App. 323, 471 S.E.2d 229 (1996).

Attorney for defendant cannot sign clerk's name. Horton v. State, 112 Ga. 27, 37 S.E. 100 (1900).

Workers' compensation case is civil case.

- Every civil case of whatever nature must be entered on either the issue docket or the motion docket, and a workmen's (now workers') compensation case which has been appealed to the superior court from the State Board of Workmen's (now Workers') Compensation is a civil case. Bryant v. Fidelity & Cas. Co., 114 Ga. App. 853, 152 S.E.2d 759 (1966).

Cited in Deveney, Hood & Co. v. Burton, 110 Ga. 56, 35 S.E. 268 (1900); Skinner v. Stewart Plumbing Co., 42 Ga. App. 42, 155 S.E. 97 (1930); Atlanta Title & Trust Co. v. Tidwell, 173 Ga. 499, 160 S.E. 620 (1931); Brinson v. Georgia R.R. Bank & Trust Co., 45 Ga. App. 459, 165 S.E. 321 (1932); Mize v. Harber, 189 Ga. 737, 8 S.E.2d 1 (1940); Chappell v. Kilgore, 196 Ga. 591, 27 S.E.2d 89 (1943); Georgia Sec. Co. v. Sanders, 74 Ga. App. 295, 39 S.E.2d 570 (1946); Godfrey v. City of Cochran, 208 Ga. 149, 65 S.E.2d 605 (1951); DeKalb County v. Deason, 221 Ga. 237, 144 S.E.2d 446 (1965); Birt v. State, 127 Ga. App. 532, 194 S.E.2d 335 (1972); Purvis v. Tatum, 131 Ga. App. 116, 205 S.E.2d 75 (1974); Jeffries v. State, 140 Ga. App. 477, 231 S.E.2d 369 (1976); Dozier v. Norris, 241 Ga. 230, 244 S.E.2d 853 (1978); Duckett v. State, 158 Ga. App. 285, 279 S.E.2d 734 (1981); Orr v. Culpepper, 161 Ga. App. 801, 288 S.E.2d 898 (1982); Grimsley v. Twiggs County, 249 Ga. 632, 292 S.E.2d 675 (1982); Vanderbreggen v. Hodge, 171 Ga. App. 868, 321 S.E.2d 218 (1984); Bowen v. Ball, 215 Ga. App. 640, 451 S.E.2d 502 (1994); City of Lawrenceville v. Davis, 233 Ga. App. 1, 502 S.E.2d 794 (1998).

Role of Clerk

Entry on minutes by clerk is required in rule nisi to set aside judgment. King & Hooper v. Carey, 5 Ga. 270 (1848).

Entry on minutes by clerk is required in order for defendant to answer bill in equity. Harwell v. Armstrong, 11 Ga. 328 (1852).

Entry on minutes by clerk is required in order granting rule nisi. Shaw v. Watson, 52 Ga. 201 (1874).

Entry on minutes by clerk is required in judgment of reversal. Sullivan, Cabot & Co. v. Rome R.R., 28 Ga. 29 (1859).

Entry on minutes by clerk is required in nolle prosequi. Statham v. State, 41 Ga. 507 (1871).

Entry on minutes by clerk is required in oral order adjourning court. Buchanan v. State, 118 Ga. 751, 45 S.E. 607 (1903).

Entry on minutes by clerk is required in return of indictment. Sampson v. State, 124 Ga. 776, 53 S.E. 332, 4 Ann. Cas. 525 (1906).

Entry on minutes by clerk is required in suggestion of death of party. Pearce v. E.M. Bruce & Co., 38 Ga. 444 (1868).

Entry on minutes by clerk is required in transcript of judgment of Supreme Court. Walker v. Dougherty, 14 Ga. 653 (1854).

Brief of evidence may be agreed upon and entered on minutes nunc pro tunc. Hardin v. Inferior Court, 10 Ga. 93 (1851); Bliss v. Stevens, 13 Ga. 403 (1853).

Brief of evidence in motions for new trial must be filed, and need not be entered on the minutes. Spears v. Smith, 7 Ga. 436 (1849); Tomlinson v. Cox, 8 Ga. 111 (1850); Powell v. Howell, 21 Ga. 214 (1857).

Order directing scire facias to issue need not be placed on minutes. McDougald v. Carey, 17 Ga. 185 (1855).

Entry on bench docket is not part of record. Johnson v. Bemis, 4 Ga. 157 (1848); Murphy v. Justices of Inferior Court, 11 Ga. 331 (1852); Skinner v. Stewart Plumbing Co., 42 Ga. App. 42, 155 S.E. 97 (1930).

No fee should be required in advance for entering a case on the motion docket. Ball v. Duncan, 30 Ga. 938 (1860).

Clerk may appoint deputy to perform the clerk's duties. Biggers v. Winkles, 124 Ga. 990, 53 S.E. 397 (1906).

Deputy clerk may attest a mortgage. Ballard v. Orr, 105 Ga. 191, 31 S.E. 554 (1898).

Clerk to number separately distinct and separate actions.

- Since an action in attachment is separate and distinct from a common law action, failure to number and document the entries separately is error on the part of a clerk. Dollar v. Fred W. Amend Co., 184 Ga. 432, 191 S.E. 696 (1937).

Subpoena must be signed by clerk. Horton v. State, 112 Ga. 27, 37 S.E. 100 (1900).

Duty of clerk to sign all processes on all suits filed is ministerial solely, and it is beyond the duties or powers of the clerk to pass on the legal sufficiency of pleadings. The clerk could not be protected in the exercise of a judicial function which the clerk did not possess by virtue of the clerk's office. Jones v. Bland, 69 Ga. App. 883, 27 S.E.2d 102 (1943).

Presumption that clerk fully and properly performed duties.

- Attorneys have the right to presume that a clerk of the court has fully and properly performed the clerk's official duties as to docketing a case. Dollar v. Fred W. Amend Co., 184 Ga. 432, 191 S.E. 696 (1937).

Clerk required by law to issue fieri facias for payment of alimony award on request of plaintiff; and a judgment need not be obtained from the court for that purpose. Stephens v. Stephens, 171 Ga. 590, 156 S.E. 188 (1930).

Duty of clerk for validation certificate and validated county bonds.

- It is the duty of the clerk of the superior court to sign a validation certificate and attach the seal of the clerk's office to all county bonds regularly validated; the law contemplates, however, that a certification by the clerk shall speak the truth, and the clerk may not be required by a mandamus, or otherwise, to certify an instrument that does not conform to the records in the clerk's office. Touchton v. Echols County, 211 Ga. 85, 84 S.E.2d 81 (1954).

Clerk of court authorized to sign rule nisi allowing former city attorney to seek writ of quo warranto.

- Former city attorney followed correct procedure to obtain a writ of quo warranto by filing an application for leave of court to file an information in the nature of a quo warranto, and the trial court issued a rule nisi granting leave to file the petition; the order granting leave was not improper because it was signed by the clerk of court, because under O.C.G.A. § 15-6-61(a)(3), the clerk was authorized to sign orders at the direction of a superior court judge. Jones v. Boone, 297 Ga. 437, 774 S.E.2d 668 (2015).

Presence in courtroom not required.

- Duties of a superior court clerk do not require his or her presence in the courtroom nor the provision of aid to criminal defendants during trial. Williams v. State, 233 Ga. App. 70, 503 S.E.2d 324 (1998).

Dead Docket

Placing case on dead docket does not terminate case.

- There is no language whatsoever in this section which states that the case can be reinstated at the pleasure of the court, or any other language indicating that a case is terminated in favor of the defendant when the case is placed upon the dead docket. Courtenay v. Randolph, 125 Ga. App. 581, 188 S.E.2d 396 (1972).

Cases on dead docket still pending in court.

- Since no reinstatement of the case is necessary before the case can be called for trial, the case must, as a necessity, still be pending in the court. Courtenay v. Randolph, 125 Ga. App. 581, 188 S.E.2d 396 (1972).

Placing a case upon the dead docket under this section constitutes neither a dismissal nor a termination of the prosecution in the accused's favor; such case is still pending and can be called for trial at the judge's pleasure, or the accused can make a demand for trial. Courtenay v. Randolph, 125 Ga. App. 581, 188 S.E.2d 396 (1972).

Order placing case on dead docket not appealable.

- Trial court's order placing a case on the court's dead docket was not a dismissal of the accusation from which the state could bring an appeal. State v. Creel, 216 Ga. App. 394, 454 S.E.2d 804 (1995).

Court's discretion to transfer cases to dead docket may not be used in unlawful manner, for instance, to keep an indictment hanging over the head of the defendant merely to toll the running of the statute of limitations. Underhill v. State, 129 Ga. App. 65, 198 S.E.2d 703 (1973).

Defendant's recourse when dead docket device delays trial.

- When mere lapse of time, less than that set out in the statute of limitations, is involved, and the defendant has not objected to the case being dead docketed, and has made no demand for early trial, it will take a showing of prejudice to the defendant's interests or oppressive and harassing tactics by the government to justify a finding of encroachment on the constitutional right to a speedy trial. Three such interests have been identified: (1) to prevent oppressive pretrial incarceration; (2) to minimize anxiety and concern of the accused; and (3) to limit the possibility that the defense will be impaired. Underhill v. State, 129 Ga. App. 65, 198 S.E.2d 703 (1973).

Evidence and Admissibility

Presumption that facts do not exist.

- If the facts do not appear on the minutes, the legal presumption is that those facts do not exist. Garner v. State, 42 Ga. 203 (1871).

Unsigned entry on deed is not evidence of time it was filed. First Nat'l Bank v. Cody, 93 Ga. 127, 19 S.E. 831 (1894).

Clerk's execution docket is admissible as evidence. Ross v. Davis, 30 Ga. 823 (1860).

Fieri facias as evidence.

- Fieri facias issuing from justice of the peace court may be admitted in evidence in claim case. Turner v. Duncan, 152 Ga. 54, 108 S.E. 532 (1921).

Execution dockets not affected by parol evidence.

- Execution dockets come within rule that what ought to be of record must be proved by record. The record cannot be contradicted or enlarged by parol evidence. The necessary presumption arising from a record cannot be contradicted by parol evidence any more than the express words of the record itself. Pope v. United States Fid. & Guar. Co., 200 Ga. 69, 35 S.E.2d 899 (1945).

Entries on execution dockets conclusive as to facts and dates.

- Entries on the general execution dockets required by law to be kept by the clerk of the superior court, in the absence of a timely direct attack as to their verity, supported by proof, are conclusive as to the facts and dates recited in such public records. Pope v. United States Fid. & Guar. Co., 200 Ga. 69, 35 S.E.2d 899 (1945).

In equitable proceedings evidence can impeach record.

- Certain limitations upon doctrine that parol evidence inadmissible to vary or contradict record. In direct attacks upon these records, in the nature of equitable proceedings, evidence has been held admissible to impeach the record. Pope v. United States Fid. & Guar. Co., 200 Ga. 69, 35 S.E.2d 899 (1945).

Incomplete record not to be certified.

- This section does not contemplate that an incomplete record, or one that does not represent the whole truth, shall be certified by the clerk as being the record on file in the clerk's office. Touchton v. Echols County, 211 Ga. 85, 84 S.E.2d 81 (1954).

Other Personnel

Process signed by assistant of city court clerk not necessarily void. Rucker v. Tabor & Almand, 126 Ga. 132, 54 S.E. 959 (1906).

County commissioners are not authorized to employ nonofficers to copy worn and faded deed records. Henry v. Means, 137 Ga. 153, 72 S.E. 1021 (1911).

Employment of counsel.

- General Assembly has not expressly granted clerks of superior court the power to hire attorneys, and there is no legislative grant of power from which it is necessarily implied that clerks have the power to contract for the services of an attorney. Stephenson v. Board of Comm'rs, 261 Ga. 399, 405 S.E.2d 488 (1991).

County governing authority's employment of counsel to represent a superior court clerk did not violate Ga. Const. 1983, Art. IX, Sec. II, Paras. I(c)(1) or (7), which preclude the authority from exercising any power in a manner affecting "any elective county office" or "any court or the personnel thereof." Stephenson v. Board of Comm'rs, 261 Ga. 399, 405 S.E.2d 488 (1991).

Authority of officers over expenditures.

- County commissioners approved a budget for the office of the superior court clerk that included a miscellaneous line item for a specified amount of money for certain years; thus, the item had already been budgeted to the clerk by the commission in the exercise of the commission's authority over the clerk's budget and the decision of how to spend this money fell solely to the clerk in the exercise of the clerk's duties, not to the commission. Griffies v. Coweta County, 272 Ga. 506, 530 S.E.2d 718 (2000).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- Some of the following annotations are taken from opinions rendered prior to the 1989 amendment, which rewrote this Code section.

Clerk responsible for own negligence if failure to publish notice.

- If the clerk fails to publish the notice pursuant to Ga. L. 1958, p. 686, §§ 1 and 2 (see now O.C.G.A. § 15-12-81), the clerk would be responsible for the clerk's own negligence under former Code 1933, §§ 24-2721, 24-2714, and 24-2715 (see now O.C.G.A. §§ 15-6-61 and15-6-81). 1963-65 Op. Att'y Gen. p. 107 (decided prior to 1989 amendment).

Requirements for final recording of civil proceedings by microfilm.

- Former Code 1933, §§ 24-2714 and 24-2715 (see now O.C.G.A. § 15-6-61), when construed with Ga. L. 1962, p. 639, § 2 (see now O.C.G.A. § 15-6-87), can be interpreted to permit the final recording of civil proceedings by microfilm in lieu of in "well-bound" volumes provided proper indices and adequate equipment are maintained in addition to the necessary personnel for viewing these records. 1965-66 Op. Att'y Gen. No. 66-23 (decided prior to 1989 amendment).

Instruments evidencing title to real property not kept on microfilm.

- Clerks of the superior court may microfilm and keep all instruments and records in the clerks' court "excepting only instruments evidencing the title to real property." 1970 Op. Att'y Gen. No. 70-125 (decided prior to 1989 amendment).

Clerk of the superior court must keep the dockets identified and described in paragraph (4) of O.C.G.A. § 15-6-61 either by microfilm, photographic or photostatic process, or in well-bound books, except that all instruments evidencing the title to real property, including the docket identified and described in O.C.G.A. § 44-2-2(a), and title instruments for personal property if recorded for ten years or less, must be kept and recorded in well-bound books only. For real property instruments which identify a grantor and a grantee, either a duplex index book or a cross-referenced card index system for indexing such instruments must be maintained. The clerk may use the computer services of the county in which the clerk's office is located as a supplemental means of providing access to the information contained in the dockets and indexes maintained by the clerk. 1988 Op. Att'y Gen. No. U88-26 (decided prior to 1989 amendment).

Once indictment filed, consent required to nolle prosequi.

- Once an indictment or accusation has been filed, a district attorney's motion to nolle prosequi or dead docket requires consent of the court. If the trial court refuses to grant the district attorney's motion to nolle prosequi or dead docket the case, the district attorney is not thereby disqualified. 1988 Op. Att'y Gen. No. U88-25 (decided prior to 1989 amendment).

Trial judge is ultimately responsible for reducing sentence to writing, even though this duty may be delegated to another officer; in any event, the judge must sign the sentence. 1970 Op. Att'y Gen. No. U70-85 (decided prior to 1989 amendment).

Control over dead docket reposes in court as opposed to the prosecuting attorney of the court. 1974 Op. Att'y Gen. No. U74-70 (decided prior to 1989 amendment).

Pauper's affidavit.

- Clerk of superior court has no discretion as to acceptance and transmittal of pauper's affidavit. 1965-66 Op. Att'y Gen. No. 66-169 (decided prior to 1989 amendment).

Clerks through whom documents are transmitted under O.C.G.A. § 17-7-32 have no duty to file or record the documents. 1983 Op. Att'y Gen. No. U83-38 (decided prior to 1989 amendment).

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.

ALR.

- Formality in authentication of judicial acts, 30 A.L.R. 700.

Record of instrument which comprises or includes an interest or right that is not a proper subject of record, 3 A.L.R.2d 577.

Omission of signature of issuing officer on civil process or summons as affecting jurisdiction of the person, 37 A.L.R.2d 928.

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