§ 42-12-2. Legislative Findings and Determinations
The General Assembly makes the following findings and determinations: The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs is frivolous prisoner lawsuits. Meritless lawsuits are being filed at an ever-increasing rate by […]
§ 42-12-3. Definitions
As used in this chapter, the term: “Action” means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus. “Court costs […]
§ 42-12-4. Payment From Prisoner’s Inmate Account for Costs and Fees of Action Commenced by Prisoner
The following provisions shall apply when an indigent prisoner commences an action: The indigent prisoner shall pay the current balance of funds in the prisoner’s inmate account; The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that an action has been filed. Notice to the superintendent shall […]
§ 42-12-5. In Forma Pauperis Procedure; Contents and Service of Affidavit; Judicial Determinations
A prisoner’s affidavit of in forma pauperis status shall contain each of the following: The prisoner’s identity, including any and all aliases, and the prisoner’s inmate number; The nature and amount of any income as well as the source of that income; Real and personal property owned by the prisoner; and Cash and checking accounts […]
§ 42-12-6. Determination as to Whether Prisoner’s Action Frivolous
Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner’s action was frivolous. The court may award reasonable costs and attorney’s fees to defendants or respondents if the court finds that: Any material allegation in […]
§ 42-12-7. Deductions From Prisoner’s Accounts; Payment of Costs and Fees as Condition of Parole
Fifty percent of the average monthly balance of the prisoner’s account for the preceding 12 months during which the prisoner’s account had a positive balance shall be deducted from the prisoner’s account and paid over to the clerk of court for each instance that a court finds that the prisoner has done any of the […]
§ 42-12-7.1. Payment of Fees From Prisoner’s Inmate Account Upon Filing of Habeas Corpus Petition
The following provisions shall apply when an indigent prisoner files a petition for habeas corpus: The indigent prisoner shall pay the current balance of funds in the prisoner’s inmate account; The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition for habeas corpus has been […]
§ 42-12-7.2. Number of Forma Pauperis Actions Limited
In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state or of the United States that was […]
§ 42-12-8. Appeals
Appeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35. History. Code 1981, § 42-12-8 , enacted by Ga. L. 1996, p. 400, § 1.
§ 42-12-9. Records of Prisoner Actions
The clerk of court shall maintain a list of all prisoner actions along with the disposition of each action and the identity of the judge that handled the action. History. Code 1981, § 42-12-9 , enacted by Ga. L. 1996, p. 400, § 1.