25 LC 48 1457
House Bill 530
By: Representatives Leverett of the 123
rd
, Reeves of the 99
th
, Scoggins of the 14
th
, Kelley of
the 16
th
, and Oliver of the 84
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated,
1
relating to time, place, and procedure, so as to provide for authorization for the electronic2
filing of pleadings in probate court; to provide for the promulgation of rules; to provide for3
fees; to provide for access to pleadings for certain staff and litigants; to provide for4
limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time,8
place, and procedure, is amended by adding a new Code section to read as follows:9
"15-9-86.2.
10
(a)(1) On or before January 1, 2028, in conformance with standards and rules11
promulgated by the Council of Probate Court Judges of Georgia, and except as provided12
in paragraph (3) of this subsection, all probate courts shall provide for the electronic13
filing of all pleadings and any other document related thereto in any civil matter in a14
probate court and provide for the acceptance of payments and remittances by electronic15
means.16
H. B. 530
- 1 - 25 LC 48 1457
(2) Except as provided in paragraph (3) of this subsection, a court's electronic filing17
service provider may charge a fee which shall be a recoverable court cost and only18
include a:19
(A) One-time fee for electronically filing pleadings or documents in a civil action and20
the electronic service of pleadings, regardless of how many parties shall be served,21
which shall not exceed $30.00 per filer, per case. Such fee shall be paid at the time of22
the first filing on behalf of a party, provided that, when filings are submitted via a23
public access terminal, such fee shall be paid upon the first filing not using such24
terminal; and25
(B) Convenience fee for credit card and bank drafting services, which shall not exceed26
3.5 percent, plus a 30ยข payment services fee per transaction.27
(3) No electronic filing service provider shall charge a fee pursuant to this subsection for28
the filing of:29
(A) Pleadings or documents filed by any local, state, or federal office, officer, or30
agency;31
(B) Pleadings or documents filed on behalf of municipal corporations or county32
governments;33
(C) Leaves of absence or conflict notices filed pursuant to the Uniform Rules for the34
Probate Courts; or35
(D) Pleadings or documents filed by attorneys appointed by the probate court to36
represent the interest of any party or filed by guardians ad litem.37
(4) With respect to the fee charged pursuant to subparagraph (A) of paragraph (2) of this38
subsection, the probate court shall retain $2.00 of the transaction fee and remit it to the39
governing authority of the county. No other portion of such transaction fee shall be40
remitted to any other office or entity of the state or governing authority of a county or41
municipality.42
H. B. 530
- 2 - 25 LC 48 1457
(5) An attorney, or party if he or she is self-represented, shall be allowed unlimited43
access to view and download any pleading or document electronically filed in connection44
to the civil action in which he or she is counsel of record or a self-represented litigant,45
and an electronic service provider shall not be authorized to charge or collect a fee for46
such viewing or downloading.47
(6) This subsection shall not apply to filings in connection with:48
(A) A pauper's affidavit;49
(B) Pleadings or documents filed under seal or presented to a court in camera or ex50
parte;51
(C) Pleadings or documents to which access is otherwise restricted by law or court52
order:53
(i) Made electronically at the courthouse via a public access terminal in the clerk's54
office, but when payment is submitted by credit card or bank draft, the clerk may55
charge the convenience fee as set forth in subparagraph (B) of paragraph (2) of this56
subsection; or57
(ii) Made in a court located in an area that has been declared to be in a state of58
emergency pursuant to Article 3 of Chapter 3 of Title 38. The Judicial Council of59
Georgia shall provide rules for filings in such circumstances; or60
(D) Filings made prior to the commencement of electronic filing provided for in this61
Code section, wherein the filer shall continue to pay fees applicable to the case on the62
date of the first filing; provided, however, that a party may elect to make future filings63
through the court's electronic filing service provider and pay the applicable fees.64
(7) Each probate court shall develop and enact policies and procedures necessary to carry65
out the standards and rules created by the Council of Probate Court Judges of Georgia.66
(b) Nothing in this Code section shall be construed to prevent a court's acceptance of67
payments and remittances by electronic means under the court's own authority.68
H. B. 530
- 3 - 25 LC 48 1457
(c) A judge to whom the case is assigned and his or her staff shall, at all times, have access69
to all pleadings and documents electronically filed, and such access shall be provided upon70
the electronic acceptance of such pleadings and documents by the court.71
(d) Any pleading or document filed electronically shall be deemed filed as of the time of72
its receipt by the electronic filing service provider. A pleading or document filed73
electronically shall not be subject to disclosure until it has been accepted by the court. 74
Upon such acceptance as provided for in this subsection, such pleading or document shall75
be publicly accessible for viewing at no cost to the viewer on a public access terminal76
available at the courthouse during regular business hours unless otherwise prohibited or77
limited by law."78
SECTION 2.79
All laws and parts of laws in conflict with this Act are repealed.80
H. B. 530
- 4 -