07 LC 29
2547
House
Bill 292
By:
Representatives Willard of the
49th,
Hatfield of the
177th,
Lindsey of the
54th,
Crawford of the
127th,
Lane of the
167th,
and others
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 in civil practice, so as to provide for service upon persons residing in
gated and secured communities; to provide for filing the return of service; to
provide for state-wide registration of permanent process servers; to change
certain provisions relating to process in civil practice; to provide for related
matters; to provide an effective date; 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 in
civil practice, is amended in subsection (f) by adding a new paragraph to read
as follows:
"(4)
SERVICE UPON
PERSONS RESIDING IN GATED AND SECURED COMMUNITIES.
(A)
As used in this paragraph, the term 'gated and secured communities' means
multiple residential or commercial properties, such as houses, condominiums,
offices, or apartments, where access to the multiple residential or commercial
properties is restricted by a gate, security device, or security attendant that
restricts public entrance onto the property; provided, however, that a single
residence, farm, or commercial property with its own fence or gate shall not be
included in this definition.
(B)
Any person authorized to serve process shall be granted access to gated and
secured communities for a reasonable period of time for the purpose of
performing lawful service of process upon:
(i)
Identifying to the guard or managing agent the person, persons, entity, or
entities to be served;
(ii)
Displaying a current driver´s license or other identification;
and
(iii)
Displaying evidence of current appointment as a process server pursuant to
subsection (m) of this Code section."
SECTION
2.
Said
Code section is further amended by revising subsection (h) as
follows:
"(h)
Return.
The person serving the process shall
make proof
of service thereof to the court promptly and, in any event, within the time
during which the person served must respond to the
process
file the proof
of such service with the court in the county in which the action is pending
within five business days of the service date. If the proof of service is not
filed, the time for the party served to answer the process will not begin to run
until such proof of service is filed.
Proof of service shall be as follows:
(1)
If served by a sheriff or marshal, or such official´s deputy, the affidavit
or certificate of the sheriff, marshal, or deputy;
(2)
If by any other proper person, such person´s affidavit;
(3)
In case of publication, the certificate of the clerk of court certifying to the
publication and mailing; or
(4)
The written admission or acknowledgment of service by the
defendant.
In
the case of service otherwise than by publication, the certificate or affidavit
shall state the date, place, and manner of service. Failure to make proof of
service shall not affect the validity of the service."
SECTION
3.
Said
Code section is further amended by adding a new subsection to read as
follows:
"(m)
State-wide
registration of permanent process
servers.
(1)
A person who files with the clerk of any superior court a motion stating that
the movant has been a bona fide resident of the State of Georgia and engaged in
the process serving industry for at least one year immediately preceding the
motion and that the movant will faithfully serve process in accordance with the
law and who otherwise complies with this Code section and any procedures and
requirements set forth in any rules or regulations promulgated by the Judicial
Council of Georgia regarding this subsection shall, absent good cause shown, be
appointed as a permanent process server by the superior court in the county
where the motion is filed, and the clerk of the court shall ensure the
appointment is registered with the Judicial Council of Georgia. Said
registration shall be effective for a period of two years or until such approval
is withdrawn by the court upon good cause shown, whichever shall first occur.
The Judicial Council of Georgia shall maintain a register for this purpose. Such
permanent process server shall be entitled to serve in such capacity for any
court of the state, anywhere within the state.
(2)
Any person seeking to become a process server with authority to serve process
for any court of the state shall, before being authorized to act as a permanent
process server:
(A)
Undergo a criminal record check by the Administrative Office of the Courts
through the Georgia and National Crime Information Centers;
(B)
Pass a test to be administered by the Administrative Office of the Courts. The
test will measure the applicant´s knowledge of state law regarding serving
of process and other papers on various entities and persons. The Administrative
Office of the Courts shall design said test, promulgate rules and regulations
regarding the necessary fee to cover the cost of the test and the administrative
expense for processing the application, and determine what constitutes passing
under this subsection;
(C)
Be approved by the Judicial Council of Georgia which shall review the
application, test score, criminal record check, and such other information or
documentation as required by the council. Upon review, the council shall make a
fitness determination in accordance with standards and procedures promulgated by
the council as to whether the applicant shall be approved for registration and
authorized to act as a process server in this state; and the council´s
determination shall be provided to the applicant in writing. A copy of the
council´s determination shall be submitted with any motion requesting
appointment as a permanent process server; and
(D)
Upon the court granting the applicant´s motion, swear under oath, in open
court or in chambers before the superior court judge granting the motion: 'I do
solemnly swear (or affirm) that I will conduct myself as a process server truly
and honestly, justly and uprightly, and according to law; and that I will
support the Constitution of the State of Georgia and the Constitution of the
United States. I further swear (or affirm) that I will not serve any papers or
process in any action where I have a financial or personal interest in the
outcome of the matter or where any person to whom I am related by blood or
marriage has such an interest.'
(3)
A permanent process server shall be required to renew his or her registration
every two years in a manner and at such time as required by the Judicial Council
of Georgia. Any permanent process server failing to renew his or her
registration as required by the rules and regulations of the council shall be
removed from the council´s registry and shall no longer be approved to
serve as a permanent process server.
(4)
A permanent process server may be removed from the registry at any time, in
accordance with procedures established by the Administrative Office of the
Courts."
SECTION
4.
This
Act shall become effective on July 1, 2007.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.