Georgia Code, Title 5, Chapter 4 - Certiorari to Superior Court

• § 5-4-1 - When Certiorari Shall Lie; Exception
  (a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including...
• § 5-4-2 - Petition for Certiorari to Probate Judge Generally
  When either party in any case in any probate court lodges objections to any proceeding or decision in the case, affecting the real merits...
• § 5-4-3 - Petition for Certiorari to Inferior Judicatories Generally
  When either party in any case in any inferior judicatory or before any person exercising judicial powers is dissatisfied with the decision or judgment...
• § 5-4-4 - Petition for Certiorari in Appeal Case Tried by Jury in Justice of the Peace Court Generally
  Reserved. Repealed by Ga. L. 1983, p. 884, § 4-2, effective July 1, 1983.
• § 5-4-5 - Bond and Security Required; Certificate of Payment of Costs; Oath of Security; Affidavit of Indigence
  (a) Before any writ of certiorari shall issue, except as provided in subsection (c) of this Code section, the party applying for the same,...
• § 5-4-6 - Time for Application for Writ; Filing of Petition; Service of Petition and Writ
  (a) All writs of certiorari shall be applied for within 30 days after the final determination of the case in which the error is...
• § 5-4-7 - Time for Filing of Answer; Manner of Service; Effect of Failure to Perfect Service
  The answer to the writ of certiorari shall be filed in the clerk's office within 30 days after service thereof on the respondent unless...
• § 5-4-8 - Writing or Dictation of Answer by Parties, Attorneys, or Interested Persons; When Verification Required
  The answer shall not be written or dictated by either of the parties, or their attorneys, or any other person interested in the merits...
• § 5-4-9 - Filing of Traverse or Exception to Answer; Perfection of Answer
  The petitioner or defendant in certiorari may traverse or except to the answer of the respondent, which exceptions or traverse shall be filed in...
• § 5-4-10 - Amendment of Petition, Bond, Answer, and Traverse
  Certiorari proceedings shall be amendable at any stage, as to matters of form or substance, as to the petition, bond, answer, and traverse; and...
• § 5-4-11 - Conduct of Hearing Generally; Trial by Jury
  (a) Certiorari cases shall be heard by the court without a jury, in chambers or in open court, upon reasonable notice to the parties,...
• § 5-4-12 - Grounds of Error Considered Generally; Scope of Review; Technical Distinctions Abolished
  (a) No ground of error shall be considered which is not distinctly set forth in the petition.(b) The scope of review shall be limited...
• § 5-4-13 - Grant of Writ for Failure to Prove Venue or Time of Criminal Offense
  No judge of a superior court shall grant a writ of certiorari or sustain the writ in a criminal or quasi-criminal case on the...
• § 5-4-14 - Dismissal or Return of Writ to Lower Court With Instructions; Entry by Superior Court of Final Decision Where No Questions of Fact Involved
  (a) Upon the hearing of a writ of certiorari, the superior court may order the same to be dismissed or may return the same...
• § 5-4-15 - Requirement of New Trial When Writ Not Answered
  In all cases pending in the superior courts upon certiorari from any inferior judicatory or any person exercising judicial powers, if the judge or...
• § 5-4-16 - Recovery of Costs by Plaintiff Where Certiorari Sustained; Recovery of Costs by Plaintiff Where Certiorari Returned to Lower Court for New Trial
  If after the hearing the certiorari is sustained and a final decision thereon is made by the superior court, the plaintiff may have judgment...
• § 5-4-17 - Recovery of Costs by Defendant Generally
  If the certiorari is dismissed and a final decision is made in the case by the superior court, the defendant in certiorari may have...
• § 5-4-18 - Recovery of Damages for Frivolous Certiorari
  If it shall be made to appear that a certiorari was frivolous and was applied for without good cause or only for the purpose...
• § 5-4-19 - Operation of Writ of Certiorari As Supersedeas in Civil Cases
  The writ of certiorari, when granted in civil cases, shall operate as a supersedeas of the judgment until the final hearing in the superior
• § 5-4-20 - Supersedeas of Criminal Conviction; Bond; Affidavit of Indigence; Effect of Supersedeas
  (a) Any person who has been convicted of any criminal or quasi-criminal offense or violation of any ordinance, in any inferior judicatory by whatever...

Last modified: October 14, 2016