Georgia 2025-2026 Regular Session

Georgia House Bill HB530 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 48 1457
2	2	House Bill 530
3	3	By: Representatives Leverett of the 123
4	4	rd
5	5	, Reeves of the 99
6	6	th
7	7	, Scoggins of the 14
8	8	th
9	9	, Kelley of
10	10	the 16
11	11	th
12	12	, and Oliver of the 84
13	13	th
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated,
18	18	1
19	19	relating to time, place, and procedure, so as to provide for authorization for the electronic2
20	20	filing of pleadings in probate court; to provide for the promulgation of rules; to provide for3
21	21	fees; to provide for access to pleadings for certain staff and litigants; to provide for4
22	22	limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.5
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
24	24	SECTION 1.7
25	25	Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time,8
26	26	place, and procedure, is amended by adding a new Code section to read as follows:9
27	27	"15-9-86.2.
28	28	10
29	29	(a)(1) On or before January 1, 2028, in conformance with standards and rules11
30	30	promulgated by the Council of Probate Court Judges of Georgia, and except as provided12
31	31	in paragraph (3) of this subsection, all probate courts shall provide for the electronic13
32	32	filing of all pleadings and any other document related thereto in any civil matter in a14
33	33	probate court and provide for the acceptance of payments and remittances by electronic15
34	34	means.16
35	35	H. B. 530
36	36	- 1 - 25 LC 48 1457
37	37	(2) Except as provided in paragraph (3) of this subsection, a court's electronic filing17
38	38	service provider may charge a fee which shall be a recoverable court cost and only18
39	39	include a:19
40	40	(A) One-time fee for electronically filing pleadings or documents in a civil action and20
41	41	the electronic service of pleadings, regardless of how many parties shall be served,21
42	42	which shall not exceed $30.00 per filer, per case. Such fee shall be paid at the time of22
43	43	the first filing on behalf of a party, provided that, when filings are submitted via a23
44	44	public access terminal, such fee shall be paid upon the first filing not using such24
45	45	terminal; and25
46	46	(B) Convenience fee for credit card and bank drafting services, which shall not exceed26
47	47	3.5 percent, plus a 30¢ payment services fee per transaction.27
48	48	(3) No electronic filing service provider shall charge a fee pursuant to this subsection for28
49	49	the filing of:29
50	50	(A) Pleadings or documents filed by any local, state, or federal office, officer, or30
51	51	agency;31
52	52	(B) Pleadings or documents filed on behalf of municipal corporations or county32
53	53	governments;33
54	54	(C) Leaves of absence or conflict notices filed pursuant to the Uniform Rules for the34
55	55	Probate Courts; or35
56	56	(D) Pleadings or documents filed by attorneys appointed by the probate court to36
57	57	represent the interest of any party or filed by guardians ad litem.37
58	58	(4) With respect to the fee charged pursuant to subparagraph (A) of paragraph (2) of this38
59	59	subsection, the probate court shall retain $2.00 of the transaction fee and remit it to the39
60	60	governing authority of the county. No other portion of such transaction fee shall be40
61	61	remitted to any other office or entity of the state or governing authority of a county or41
62	62	municipality.42
63	63	H. B. 530
64	64	- 2 - 25 LC 48 1457
65	65	(5) An attorney, or party if he or she is self-represented, shall be allowed unlimited43
66	66	access to view and download any pleading or document electronically filed in connection44
67	67	to the civil action in which he or she is counsel of record or a self-represented litigant,45
68	68	and an electronic service provider shall not be authorized to charge or collect a fee for46
69	69	such viewing or downloading.47
70	70	(6) This subsection shall not apply to filings in connection with:48
71	71	(A) A pauper's affidavit;49
72	72	(B) Pleadings or documents filed under seal or presented to a court in camera or ex50
73	73	parte;51
74	74	(C) Pleadings or documents to which access is otherwise restricted by law or court52
75	75	order:53
76	76	(i) Made electronically at the courthouse via a public access terminal in the clerk's54
77	77	office, but when payment is submitted by credit card or bank draft, the clerk may55
78	78	charge the convenience fee as set forth in subparagraph (B) of paragraph (2) of this56
79	79	subsection; or57
80	80	(ii) Made in a court located in an area that has been declared to be in a state of58
81	81	emergency pursuant to Article 3 of Chapter 3 of Title 38. The Judicial Council of59
82	82	Georgia shall provide rules for filings in such circumstances; or60
83	83	(D) Filings made prior to the commencement of electronic filing provided for in this61
84	84	Code section, wherein the filer shall continue to pay fees applicable to the case on the62
85	85	date of the first filing; provided, however, that a party may elect to make future filings63
86	86	through the court's electronic filing service provider and pay the applicable fees.64
87	87	(7) Each probate court shall develop and enact policies and procedures necessary to carry65
88	88	out the standards and rules created by the Council of Probate Court Judges of Georgia.66
89	89	(b) Nothing in this Code section shall be construed to prevent a court's acceptance of67
90	90	payments and remittances by electronic means under the court's own authority.68
91	91	H. B. 530
92	92	- 3 - 25 LC 48 1457
93	93	(c) A judge to whom the case is assigned and his or her staff shall, at all times, have access69
94	94	to all pleadings and documents electronically filed, and such access shall be provided upon70
95	95	the electronic acceptance of such pleadings and documents by the court.71
96	96	(d) Any pleading or document filed electronically shall be deemed filed as of the time of72
97	97	its receipt by the electronic filing service provider. A pleading or document filed73
98	98	electronically shall not be subject to disclosure until it has been accepted by the court. 74
99	99	Upon such acceptance as provided for in this subsection, such pleading or document shall75
100	100	be publicly accessible for viewing at no cost to the viewer on a public access terminal76
101	101	available at the courthouse during regular business hours unless otherwise prohibited or77
102	102	limited by law."78
103	103	SECTION 2.79
104	104	All laws and parts of laws in conflict with this Act are repealed.80
105	105	H. B. 530
106	106	- 4 -