Determination as to Whether Prisoner's Action Frivolous

  1. Law
  2. Georgia Code
  3. Penal Institutions
  4. Prison Litigation Reform
  5. Determination as to Whether Prisoner's Action Frivolous

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Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner's action was frivolous. The court may award reasonable costs and attorney's fees to defendants or respondents if the court finds that:

  1. Any material allegation in the prisoner's in forma pauperis affidavit is false; or
  2. The action or any part of the action is malicious or frivolous as defined in Code Section 9-15-14.

(Code 1981, §42-12-6, enacted by Ga. L. 1996, p. 400, § 1.)


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