- A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77, relating to fees of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if the party desiring to file the case or proceeding is unable because of indigence to pay the fee and the party files with the clerk an affidavit to such effect.
- The deposit required to be filed by this Code section shall not affect any other law which requires a deposit in excess of or in addition to the deposit of cost required by this Code section.
- Nothing contained in this Code section shall be deemed to require a deposit of cost by the state, its agencies, or its political subdivisions; and, without limiting the generality of the foregoing, no clerk of any court shall be authorized to require any deposit of costs in any action or proceeding for the collection of criminal penalties as authorized under Code Section 42-8-34.2.
History. Ga. L. 1890-91, p. 100, § 1; Civil Code 1895, § 5398; Civil Code 1910, § 5986; Code 1933, § 24-3406; Ga. L. 1945, p. 207, § 1; Ga. L. 1957, p. 405, § 2; Ga. L. 1958, p. 398, § 1; Ga. L. 1970, p. 497, § 4; Ga. L. 1971, p. 214, § 2; Ga. L. 1972, p. 664, § 5; Ga. L. 1981, p. 1396, § 2; Ga. L. 1986, p. 1002, § 4; Ga. L. 1991, p. 1051, § 2; Ga. L. 2019, p. 683, § 1/HB 288.
The 2019 amendment, effective January 1, 2020, in subsection (a), deleted “and Code Section 15-6-77.2” following “15-6-77” in the first sentence and deleted “his” following “because of” in the middle of the second sentence.
Law reviews.
For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).
For article, “2019 Legislative Review,” see 24 Ga. St. B.J. 28 (June 2019).
For annual survey on real property, see 71 Mercer L. Rev. 241 (2019).