Below is an outline of the basic structure of the court system in Georgia and the jurisdiction of each court. Check for legislative changes, as the information below is based upon legislation effective on January 1, 2017.
Superior Court – Jury Trials
Jurisdiction (general):
- Civil and criminal actions
- Exclusive jurisdiction over divorce, title to land, equity, and felonies
Accepts cases from:
Municipal Court – No Jury Trials
Jurisdiction (limited):
- Ordinance violations
- Criminal preliminaries
- Traffic
Magistrate Court – No jury trials
Jurisdiction (limited):
- Search and arrest warrants
- Felony and misdemeanor preliminaries
- County ordinance violations
- Civil claims of $15,000 or less
- Dispossessory cases
- Distress warrants
Probate Court – Jury trials in some cases
Jurisdiction (limited):
- Wills and estates
- Appointment of guardians
- Involuntary hospitalizations
- In some counties:
- marriage and weapons licenses
- traffic offenses
- game and fish law violations
- other
Court of Appeals – 15 Judges, no jury trials
Jurisdiction:
All cases that are not exclusively in the Supreme Court, including criminal cases other than murder, title to land, wills, extraordinary remedies, equity, divorce, and alimony.
Accepts cases from the Superior Court and:
Municipal Court – No Jury Trials
Jurisdiction (limited):
- Ordinance violations
- Criminal preliminaries
- Traffic
Juvenile Court – No jury trials
Jurisdiction (limited):
- Deprived, unruly, or delinquent juveniles
- Juvenile traffic
- Termination of parental rights
State Court – Jury trials
Jurisdiction (limited):
- Civil law actions except divorce, adoptions, title to land, equity
- Misdemeanors, traffic, felony preliminaries
Supreme Court – 9 Justices, no jury trial.
Jurisdiction:
- Constitutional issues
- Habeas Corpus
- Convictions of Capital Felonies
- Election Contests
- Certified Questions and
- Certiorari from the Court of Appeals
Accepts cases from the Superior Court, Court of Appeals, and:
Municipal Court – No Jury Trials
Jurisdiction (limited):
- Ordinance violations
- Criminal preliminaries
- Traffic
Probate Court – Jury trials in some cases
Jurisdiction (limited):
- Wills and estates
- Appointment of guardians
- Involuntary hospitalizations
- In some counties:
- marriage and weapons licenses
- traffic offenses
- game and fish law violations
- other
Visual Cart of the information listed above
Appellate Court Jurisdiction
Which court should you file your appeal in?
Court of Appeals if:
- Criminal appeals other than murder unless constitutional questions
- Most civil cases other than those in which the Supreme Court has exclusive appellate jurisdiction
Supreme Court if:
- Constitutional issues
- Habeas corpus
- Murder cases
- Election contests
- Certified questions and
- Certiorari from the Court of Appeals