This is a great way to stay connected with what is taking place around the county. A civil case is one where a party seeks money damages from another party for alleged wrongs. The only types of civil cases which cannot be considered by Magistrate Court are divorces, cases where equitable relief is sought and issues involving the title to land.
More information about Civil Cases.
While every effort is made to keep information provided over the internet accurate and up-to-date, Columbia County does not certify the authenticity or accuracy of such information. Columbia County, the Columbia County Commission, its elected officials, officers, employees, and agents assume no legal responsibilities for the information or accuracy contained in this data, including any action taken from reliance on any information contained herein and shall have no liability for any damages, losses, costs, or expenses, including, but not limited to attorney's fees, arising from the use or misuse of the information provided herein.
The User's use thereof shall constitute an agreement by the User to release Columbia County, the Columbia County Commission, its elected officials, officers, employees and agents from such liability. Yes, I Agree. The criminal jurisdiction of Magistrate Court consists of considering and issuing arrest and search warrants, hearing County Ordinance violations and bad check citations, conducting preliminary hearings, First Appearance hearings and setting of bond in most cases. The law requires that a 'neutral and detached Magistrate' consider sworn testimony before any arrest or search warrant may be issued.
Both the United States Constitution and the Georgia Constitution require that a person may only be arrested or his or her home or business searched by law enforcement officials upon a showing of probable cause.
Magistrate Court | Columbia County, GA
Magistrate Judges are available to law enforcement officials 24 hours a day, days a year to consider the applications for arrest and search warrants. There are times when a private individual will seek the arrest of another private individual for an alleged crime. Georgia law requires a hearing before an arrest warrant can be issued at the request of a private individual for the arrest of another private individual except in very limited circumstances.
These hearings are referred to as 'Pre-warrant Hearings' and Magistrate Judges conduct these hearings on a weekly basis. If a private citizen seeks the arrest of another private citizen a written request for a warrant must be made to the Magistrate Court during normal work hours.
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The warrant request must be the sworn allegation of the person seeking the warrant. The trial and sentencing of misdemeanor violations of Code Section , relating to criminal issuance of bad checks.
The execution or subscribing and the acceptance of written waivers of extradition in the same manner provided for in Code Section Legal Advice: If you plan to file a claim in the Magistrate Court or a claim has been filed against you, please be advised that neither the Judge nor the clerks can provide legal advice. Not only is it unethical and inproper for the Judge or clerk to give either party legal advice, it is also illegal. If you have legal questions concerning your case, please consult the attorney of your choice. If you have questions concerning scheduling, please contact the Magistrate Court and one of the clerks will be glad to assist you.
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An over whelming majority of the litigants in the Grady County Magistrate Court are pro se: however, an increasing number of parties are represented by attorneys. As a court of inquiry, the Magistrate Court is often called upon to determine probable cause or sufficient evidence in criminal cases.
In felony cases and cases assigned to the Superior Court the Magistrate Court cannot make a determination of guilt or innocence: it can only determine if there is sufficient probable cause for the case to go forward. The only cases in which the Grady Magistrate Court adjudicates guilt or innocence is in misdemeanor county ordinance violations. In its discretion, the Court may issue writs of certiorari, mandamus, prohibition, and superintending control. After a case is accepted by the Court, the parties submit written briefs that put forth the legal arguments and citations of authority to support those arguments.
The records, proceedings, and exhibits from the trial court are reviewed at the same time as the briefs.
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Some cases are submitted to the Court on oral argument and some are submitted only on the briefs. The work of authoring opinions is divided evenly and randomly among the five Justices.
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After a case is submitted to the Court, the Court first discusses the case before the assigned author drafts an opinion that will be circulated among the other Justices. Adoption of an opinion, decision, or order requires the votes of three members of the Court. In certain cases, a member of the Court may decide to file a specially concurring opinion or a dissenting opinion. It is the majority opinion of the Court, however, that determines the law of the case.
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