08 LC 21
9689
House
Bill 1363
By:
Representatives Lindsey of the
54th
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to
process, so as to provide that the chief judge of a judicial circuit may order
that the county marshal or the marshal of the state court serve all civil
process in the superior court; to provide that all provisions of law relating to
the service of process by the sheriff of a county shall be applicable to the
marshal; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-4 of the Official Code of Georgia Annotated, relating to process,
is amended by revising subsection (c) as follows:
"(c)
Summons — By
whom served. Process shall be served by
the sheriff of the county where the action is brought or where the defendant is
found, or by such sheriff´s deputy, or by the marshal or sheriff of the
court, or by such official´s deputy, or by any citizen of the United States
specially appointed by the court for that purpose, or by someone who is not a
party and is not younger than 18 years of age and has been appointed as a
permanent process server by the court in which the action is brought.
The chief
judge of any judicial circuit may order that all civil process in a county shall
by served by the county marshal or the marshal of the state court in lieu of the
sheriff, and in such event all provisions of law relating to service by a
sheriff shall be applicable to the
marshal. Where the service of process is
made outside of the United States, after an order of publication, it may be
served either by any citizen of the United States or by any resident of the
country, territory, colony, or province who is specially appointed by the court
for that purpose. When service is to be made within this state, the person
making such service shall make the service within five days from the time of
receiving the summons and complaint; but failure to make service within the
five-day period will not invalidate a later service."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.