Applicability of Rules of Practice

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  2. Georgia Code
  3. Courts
  4. State Courts of Counties
  5. Practice and Procedure
  6. Applicability of Rules of Practice

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  1. The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals from the state courts.
  2. The general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in the state courts.
  3. The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern in the state courts.

(Code 1981, §15-7-43, enacted by Ga. L. 1983, p. 1419, § 2.)

Cross references.

- Appeals to Supreme Court or Court of Appeals generally, § 5-6-1 et seq.

Civil practice and procedure generally, §§ 9-10-1 et seq.,9-11-1 et seq.

Criminal procedure generally, § 17-1-1 et seq.

Uniform State Court Rules.

JUDICIAL DECISIONS

Speedy trial provisions.

- As subsection (b) of O.C.G.A. § 15-7-43, enacted in 1983, incorporates the speedy trial provisions of O.C.G.A. § 17-7-170 by reference, those provisions supersede a 1981 local law provision entitling a defendant in a state court to discharge and acquittal if no trial is had at the term when the demand is made or within the next two succeeding regular terms thereafter. Majia v. State, 174 Ga. App. 432, 330 S.E.2d 171, aff'd, 254 Ga. 660, 333 S.E.2d 834 (1985); Parks v. State, 239 Ga. App. 333, 521 S.E.2d 370 (1999).

Practice and procedure rules for the state courts as set forth in subsection (b) of O.C.G.A. § 15-7-43 incorporate by reference the speedy trial provisions of O.C.G.A. § 17-7-170. Proveaux v. State, 198 Ga. App. 119, 401 S.E.2d 12 (1990).

Appeal of filing fee.

- Although a store patron in a slip and fall case failed to file the fee required by O.C.G.A. § 15-6-77.3(b), made applicable to the state court by O.C.G.A. § 15-7-43(a), the state court properly chose to file the notice of appeal and deal with the fee thereafter, in line with the Supreme Court's admonition that courts engage in more expeditious handling of cases involving minor procedural errors. Pirkle v. QuikTrip Corp., 325 Ga. App. 597, 754 S.E.2d 387 (2014).

Cited in Martin v. Prior Tire Co., 122 Ga. App. 637, 178 S.E.2d 306 (1970); Charles v. Segars, 127 Ga. App. 333, 193 S.E.2d 564 (1972); Bell v. Stocks, 128 Ga. App. 799, 198 S.E.2d 209 (1973); Nat'l Health Servs., Inc. v. Townsend, 130 Ga. App. 700, 204 S.E.2d 299 (1974); Beneficial Std. Life Ins. Co. v. Usalavage, 136 Ga. App. 328, 221 S.E.2d 457 (1975); Shannondoah, Inc. v. Smith, 137 Ga. App. 378, 224 S.E.2d 465 (1976); Salvador v. Wals, 139 Ga. App. 362, 228 S.E.2d 384 (1976); Gooden v. Blanton, 140 Ga. App. 612, 231 S.E.2d 541 (1976); Redding v. Commonwealth of Am., Inc., 143 Ga. App. 215, 237 S.E.2d 689 (1977); Sewell v. Leifer, 144 Ga. App. 36, 240 S.E.2d 584 (1977); State v. Ramsey, 147 Ga. App. 150, 248 S.E.2d 289 (1978); Servisco, Inc. v. R.B.M. of Atlanta, Inc., 147 Ga. App. 671, 250 S.E.2d 10 (1978); Holland v. State, 151 Ga. App. 189, 259 S.E.2d 187 (1979); Raybestos-Manhattan, Inc. v. Friedman, 156 Ga. App. 880, 275 S.E.2d 817 (1981); L & L Elec. Serv., Inc. v. L.K. Comstock & Co., 168 Ga. App. 780, 310 S.E.2d 557 (1983); Jordan v. Atlanta Neighborhood Hous. Servs., Inc., 169 Ga. App. 600, 313 S.E.2d 787 (1984).


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