1.1 History of the Magistrate Court

Most states now have a system of courts designed to handle civil matters encountered by individuals and small businesses on a regular basis, such as suits on account, landlord tenant matters, disputes about warranties and repossession orders, sometimes called foreclosures upon personal property. In some states there are courts called small claims courts and in some there are those called justice of the peace courts. Regardless of the name given to the limited jurisdiction court, each usually functions like the Georgia Magistrate Court. Until about 1960, the justice of the peace courts in Georgia were the only courts which provided a forum for pursuing a small claim. Justice of the peace courts were not useful because, with rare exception, their jurisdiction was limited to $200.00 per case.

The Georgia legislature created the first Georgia small claims court around 1960. Small claims courts were created on a county by county basis by local legislation. They were created in addition to existing justice of the peace courts. These small claims courts duplicated and exceeded the justice court jurisdiction in many ways. The creation of small claims courts on a county by county basis was not the long-term answer, but such was a beginning. Since each small claims court was created by local legislation for one county, the jurisdiction naturally varied from county to county. Each court could have significantly varying jurisdiction. As a practical matter, this meant that determining the jurisdiction of any particular court was a chore. Jurisdiction was learned by reviewing the local laws enacted by the legislature. Local laws are found in the general session law for the year in which the court was created. The use of small claims courts by anyone but local citizens already familiar with the court in their county was not practical. There was significant difference in costs and limits of jurisdiction. Some small claims courts had jurisdictional limits of $1000. Others had limits of $5000. There were many in between. Needless to say, there was significant room for improvement in both the number of limited jurisdiction courts and the ease of their use.

The Georgia Magistrate Court system was established by an Act of the 1983 Georgia Legislature, effective July 1, 1983. The enabling legislation which implemented the court came in response to the adoption of a new Georgia Constitution in 1982 which created a uniform system of courts. With the implementation of the Magistrate Court system, all small claims courts and justice of the peace courts in Georgia were abolished and the existing judges of those courts became magistrates under a "grandfather" provision.

1.2 What cases can be filed in Magistrate Court--Civil Jurisdiction

With more than fourteen years of successful magistrate court operation now history, it is clear that the Magistrate Court system works. The civil and criminal jurisdiction has been increased several times. The civil jurisdiction began at $2500, was increased to $3000 and is now $15000. It is not necessary to employ an attorney to defend or pursue a case in Magistrate Court. Magistrate courts are designed to encourage and facilitate the handling of cases by non-lawyers. This does not mean that attorneys may not appear in the Magistrate Court. It does not mean that attorneys are discouraged from appearing. It does mean that cases may be handled in the Magistrate Court with or without an attorney.

Magistrate Courts are limited jurisdiction courts. These courts have civil and criminal jurisdiction. With one or two exceptions, this book discusses primarily the civil jurisdiction of the court. This book is by no means an exhaustive treatise on civil or criminal law or even on the Magistrate Court. This book is written to give insight into the uses of the court and into many areas of the law which are dealt with by the court.

The Magistrate Court can handle suits for money owed, suits or claims for damage to person or property, landlord tenant disputes, and good behavior warrants. The court can also issue garnishments, writs of possession for personal property, and foreclosure of liens upon abandoned motor vehicles.

The criminal jurisdiction of the Magistrate Court includes granting bail in all but a few types of cases. The Official Code of Georgia Annotated, §17-6-1 does prohibit a magistrate from establishing a bond amount for a limited number of cases including murder, rape, aircraft highjacking, and trafficking in illegal drugs. Magistrates issue criminal arrest and search warrants. They may cite parties for contempt, conduct trials of county ordinance violations and certain state ordinance violations and try misdemeanor bad check violations in those cases where there has been no demand for a jury trial. Under certain circumstances, magistrates may also sit as municipal court judges where the county has contracted with a municipality to provide municipal court services through the Magistrate Court.

This book is concerned with the civil jurisdiction of Magistrate Courts which is very broad when compared to the state's predecessor courts of limited jurisdiction. A Magistrate Court may hear and decide any civil case or claim in which the amount in controversy does not exceed $5000 and where the exclusive jurisdiction is not vested in the superior courts of Georgia. Magistrate Court jurisdiction includes most cases involving $5000 or less since the exclusive civil jurisdiction reserved to the superior courts is jurisdiction over cases involving title to land, divorce and equity.

The Magistrate Court system continues to grow. It has proven to be a useful and time-saving arm of the judicial system. The Georgia Magistrate courts were the first courts in Georgia to accept more than one million filings in a single year. The answer to effective use of the court is to become familiar with the system. Jurisdiction and procedure are uniform from county to county so the time and effort used to learn the system can pay-off each time you use the court. Newcomers to the court can always get help or more information about the court from the chief magistrate or the clerk of the magistrate court in the county where the claim will be filed. DO NOT BE INTIMIDATED. The court was designed for use by non-lawyers. Magistrates are charged with a statutory responsibility to do substantial justice between the litigants.

1.3 Understanding the Language

It is as important to be familiar with the terms used in the Magistrate Court as it is to know the rules for a game. This book contains a glossary of terms which are encountered in the Magistrate Court (see Appendix A). Review the appendix any time you see unfamiliar words. 1.4 Uniform Court Rules

The Georgia Supreme Court established uniform rules for each Georgia court effective July 1, 1985. The Uniform Rules for the Magistrate Courts did not simplify the use of the courts. In many ways they increased the complexity of using the courts because most people who use the courts are not aware of them. The uniform rules may be supplemented by local rules. This existence of local rules makes the determination of applicable rules more difficult. Before filing a claim in a Georgia Magistrate Court, a litigant should review the Uniform Court Rules and check with the Clerk of the Court in the county where the claim is to be filed to determine if local additions to the Uniform Rules exist. The Uniform Magistrate Court Rules (UMCR) with state-wide application appear in the Appendix of this book.

1.5 The Judges

Each Georgia county has a Magistrate Court and a Chief Magistrate. In some counties, the judge of the Probate Court also serves as Chief Magistrate. In addition to the Chief Magistrate, most counties have one or more associate magistrates who share the responsibilities of the court. Some magistrates are lawyers, but most magistrates are not. Lawyer magistrates receive certification initially without attending formal training, while all non-lawyer magistrates must attend and successfully complete the first available 40-hour training course after assuming office. Every Georgia magistrate must be re-certified annually. Annual recertification is accomplished by successfully completing a 20-hour training course offered by the Institute of Continuing Judicial Education.

1.6 Other Court Personnel and Schedules

Each Magistrate Court has a clerk and some have deputy clerks. In many counties, the Clerk of the Superior Court also serves as the Clerk of the Magistrate Court. Some Magistrate Courts have a constable or constables who serve the papers from the court. Courts which do not have constables utilize the sheriff's department to serve court papers.

The hours of court operation are set by the Chief Magistrate with the approval of the Chief Judge of the Superior Court in the county. Uniform Magistrate Court Rules require each Magistrate Court to file a schedule with the Clerk of Superior Court giving such information as the normal hours and the location were court is held, after hours availability, and the names of the judges who serve the court. This filing must also contain a list of the holidays when the court will be closed, as well as the date, time and location where hearings are normally held. (UMCR Number 3). ©1998 Basic Legal Publications, Inc.