2010 Georgia Code TITLE 15 - COURTS CHAPTER 10 - MAGISTRATE COURTS ARTICLE 1 - GENERAL PROVISIONS § 15-10-2 - Jurisdiction O.C.G.A. Magistrate court, also called small claims court, is an informal court that handles money claims of less than $15,000. Magistrate Court's jurisdiction includes civil claims of $15,000.00 or less, dispossessory proceedings (landlord/tenant), applications for and the issuance of arrest and/or search warrants and preliminary hearings. As a court of inquiry, the Magistrate Court is often called upon to determine probable cause or sufficient evidence in criminal cases. 15-10-2. The Magistrate Court does not hold jury trials and is not a court of record. Rule 16 - Maintenance of Evidence 16.1. Magistrate Court. Any such proposals shall be filed with the clerk of the Supreme Court of Georgia; proposals so submitted shall take effect thirty (30) days after approval by the Supreme Court of Georgia. (B) Each magistrate court by action of its chief magistrate, from time to time, may propose to make and amend rules which deviate from the Jurisdiction for the Court is found in Georgia law at O.C.G.A. Immediately following any arrest but no later than 48 hours if the arrest was without a warrant, or 72 hours following an arrest with a warrant, unless the accused has made bond in the meantime, the arresting officer or the law officer having custody of the accused shall present the accused in person … Jurisdiction Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters: Law of Georgia No 1740 of 23 June 2005 – LHG I, No 36, 11.7.2005, Art.227 Law of Georgia No 3435 of 13 July 2006 – LHG I, No 32, 31.7.2006, Art.243 Article 14 – Civil matters falling under the jurisdiction of magistrate judges Magistrate judges shall hear in the first instance the following cases: The federal courts are using the procedure cited in Lorraine v. Markel American Ins. Rule 25 - Initial Appearance/Committal Hearings 25.1. Maintenance of Non-criminal Evidence. The first step of most legal processes begins with paperwork—argh! Greenwood Homes 285 Ga. 460, 679 S.E.2d 712 (2009) that an “appeal” from the magistrate court essentially wipes the magistrate proceeding from the books and the appeal is to be treated as a “re-filing” of the case in State or Superior Court. Examples of problems often taken to magistrate court include: A tenant refusing to pay for damages in excess of the security deposit. 534 (D. Md. Rules, provided such proposals are not inconsistent with general laws, these Uniform Municipal Court Rules, or any directive of the Supreme Court of Georgia. Rules of procedure provide general rules that parties must follow, while court rules prescribe rules that parties and attorneys must follow when interacting with a specific court. Au thority to enact local rules w hich d eviate from the U niform Magistrate Court Rules (A) The term "local rules" will no longer be used in the context of the Uniform Magistrate Court Rules. Rules of Procedure and Court Rules provides the rules parties and attorneys must follow when litigating matters in court. Initial appearance hearing . Using the Magistrate Court is quicker, more affordable, and more efficient in cases involving $15,000 or less. This court offers a quick and inexpensive process to resolve complaints. Rule 902 is typically now used as a means in conjunction with Rule 803 for evidence. Co., 241 F.R.D. The mission of the Magistrate Court is to deliver justice to the citizens of Athens-Clarke County by ruling on disputed claims or approving mutual settlements in civil cases as well as serving as the court of entry into the criminal justice system. 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