Atlanta Accident Law Library

by Stokes & Kopitsky, P.A.

Georgia Courts Explained

The Georgia Court System

If you’re going to court for the first time in Georgia, you might be confused by the different types of courts, and the number of courts that exist. Georgia maintains a large and diverse court system, with different courts available to hear different types of cases.

Georgia’s courts can be roughly divided into three different categories.

1.  Courts of limited jurisdiction are the first courts most Georgians encounter.  They only hear certain specific types of cases and are local to their city or county.  Courts in this category include:

• Magistrate courts
• Juvenile courts
• Probate courts
• State courts
• Municipal courts

2.  Superior Courts hear serious crimes and larger civil cases. In Georgia, certain types of cases must go to superior courts; others may go to superior courts.

3.  Courts of Appeal review, and sometimes change, the rulings of the lower courts if one party files an appeal. If you believe there were serious mistakes in your case when it was heard at the lower level, you can appeal it -- that is, ask an appellate court to reconsider it. Your case would go first to the Court of Appeals of Georgia. From there, either party can ask for further review from the Supreme Court of Georgia, which is the highest court in Georgia. The only court above that is the United States Supreme Court, which hears only cases involving questions of nationwide interest.

Below is more information about each category of courts.

Courts of Limited Jurisdiction

1.  Municipal courts, sometimes called Mayors Court or Recorders Court, are  local courts in Georgia. They hear cases in which someone is accused of violating a city law or ordinance, including traffic violations. They also hold preliminary hearings -- hearings to decide whether the case should go forward -- for people accused of violating state laws.

2.  Magistrate courts handle minor criminal matters, including traffic violations, and violations of local laws for the county in which they’re located. They also issue warrants to law enforcement. State courts do the same things, along with handling some civil matters, but they don’t exist in every county of Georgia.

Magistrate courts are known to many people as the small claims courts for the State of Georgia. If you have a civil claim worth $15,000 or less, chances are that you’ll go to magistrate court. You won’t have a jury trial in a magistrate court case; rather, a magistrate judge will hear your case. You don’t need a lawyer to take a small claim to magistrate court, as the system is designed for people who represent themselves, but you can hire one if you like.

3.  Juvenile courts handle most cases involving children and teens under 18. That includes juvenile criminal offenses; cases of neglected or abused children; juvenile traffic violations; and divorce cases that include a child custody or support component. In the case of a divorce, or a felony committed by a minor, the juvenile courts work with the superior courts. Like most U.S. juvenile courts, they try to decide all of their cases in the best interests of the children in their case.

4.  Probate courts are the first stop for all cases involving wills and inheritance. Probate courts also have many other duties in civil (not criminal) law, including:

• Appointing guardians and making decisions for incapacitated adults.
• Issuing marriage and gun licenses.
• In counties with no state court, hearing traffic cases and some misdemeanor cases.
• In some places, administering oaths of office, appointing officials and supervising elections.

Superior Courts in Georgia

Superior courts are the first courts for people involved in serious criminal matters or civil disputes over large amounts of money. All felonies, all divorces and all complex lawsuits start in superior courts. Superior courts can also hear appeals from lower courts -- that is, correct legal mistakes made by the courts of limited jurisdiction. If you’re called to serve on a jury, chances are it’s a superior court jury.

Superior courts don’t necessarily hear cases limited to their home counties. Superior courts are split by population into ten districts, which contain a total of 49 circuits with one or more judges each. There may be several counties in a circuit, served by the same judges. For example, the Fifth District has just one circuit and one county, Fulton, with multiple judges. But the Tenth Circuit, which includes Augusta, has six districts with several counties each.

The Georgia Appeals System

Superior courts and the courts of limited jurisdiction hear trials; they’re concerned mostly with the facts – i.e., deciding what happened, and then what the legal effect of that was. Either party may challenge the trial’s outcome by appealing it -- asking an appellate court to review errors the party thinks occurred at the trial. The appeals courts are concerned primarily with whether the earlier legal proceedings complied with what the law requires, and whether the outcome of the case was legally correct. Rarely, the appellate court will examine whether the evidence was legally sufficient to support the decision; if not, the court may either send the case back for a retrial or change the outcome to fit the evidence that was presented, depending on the facts and the law.

After a lower court makes a final or appealable decision, it can generally be appealed to the Georgia Court of Appeals. The lawyers for both parties will submit documents and a written argument to a panel of three judges. In some cases, that panel might ask to hear the lawyers argue the case in person; this is called oral argument. If all three judges don’t agree, the losing party can ask for a larger panel to rehear the case.

Once the Court of Appeals has made its decision, the losing party can ask for review by the Georgia Supreme Court. The Georgia Supreme Court also hears some cases that come directly from the trial courts; all death penalty cases; and legal challenges involving the state constitution. Like the Court of Appeals, the Supreme Court decides cases mostly by reviewing written arguments and documents from earlier rulings. One justice -- the name for a judge in the Supreme Court -- will review the case and write a brief for the others to read. After all of them have had a chance to read that brief and other documents, they will meet to discuss how they think the case should be decided. The Georgia Supreme Court is the highest legal authority in the State of Georgia. In most cases, only the United States Supreme Court can reverse one of its decisions.

How to Contact Atlanta Injury Attorneys
Stokes & Kopitsky, P.A.

If you've been injured in a Georgia accident because of another person's fault - even if you were also at fault - we can help you. We're Atlanta injury lawyers Gregory M. Stokes and Neil J. Kopitsky, and we have over 30 years of experience helping injured people and their families get justice and payment when they are involved in a car accident, truck accident, motorcycle accident, slip and fall, or workplace accident. We've recovered millions of dollars in payments for our clients in Atlanta accident, Atlanta wrongful death cases, and Georgia injury or death cases.

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