| 1 | 1 | | 25 LC 48 1483 |
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| 2 | 2 | | House Bill 688 |
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| 3 | 3 | | By: Representatives Crawford of the 89 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Holcomb of the 101 |
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| 6 | 6 | | st |
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| 7 | 7 | | , Oliver of the 84 |
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| 8 | 8 | | th |
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| 9 | 9 | | , and |
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| 10 | 10 | | Westbrook of the 163 |
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| 11 | 11 | | rd |
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| 12 | 12 | | |
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| 13 | 13 | | A BILL TO BE ENTITLED |
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| 14 | 14 | | AN ACT |
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| 15 | 15 | | To amend Code Section 5-3-10 of the Official Code of Georgia Annotated, relating to |
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| 16 | 16 | | 1 |
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| 17 | 17 | | manner for service of process, so as to provide for service by certified mail and statutory2 |
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| 18 | 18 | | overnight delivery, return receipt requested; to provide for related matters; to repeal3 |
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| 19 | 19 | | conflicting laws; and for other purposes.4 |
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| 20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 21 | 21 | | SECTION 1.6 |
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| 22 | 22 | | Code Section 5-3-10 of the Official Code of Georgia Annotated, relating to manner for7 |
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| 23 | 23 | | service of process, is amended in subsection (a) by revising paragraph (2), subparagraph8 |
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| 24 | 24 | | (a)(4)(C), and paragraphs (5) and (6) as follows:9 |
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| 25 | 25 | | "(2) Service of any document shall be made in person, by certified |
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| 26 | 26 | | mail or statutory10 |
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| 27 | 27 | | overnight delivery, return receipt requested, or electronically if consent to electronic11 |
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| 28 | 28 | | service is given as provided in subsection (b) of this Code section;"12 |
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| 29 | 29 | | "(C) Read substantially as follows: 'I do certify that (number of copies) ____ (number13 |
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| 30 | 30 | | of copies) of the attached document(s) have been furnished to (name of party served)14 |
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| 31 | 31 | | ________________ (name of party served) by (delivery, mail, or email)15 |
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| 32 | 32 | | ________________ (delivery, certified mail, or statutory overnight delivery, return16 |
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| 33 | 33 | | H. B. 688 |
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| 34 | 34 | | - 1 - 25 LC 48 1483 |
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| 35 | 35 | | receipt requested, or email) on (date delivered, mailed, or emailed) __________ (date17 |
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| 36 | 36 | | delivered, mailed, or emailed)';"18 |
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| 37 | 37 | | "(5) Service of any document may be perfected either before or after filing such service19 |
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| 38 | 38 | | with the clerk. If service is made by certified mail or statutory overnight delivery, return20 |
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| 39 | 39 | | receipt requested, it shall be deemed perfected on the day it was deposited in the mail. 21 |
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| 40 | 40 | | If service is perfected by certified mail or statutory overnight delivery, return receipt22 |
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| 41 | 41 | | requested, three days shall be added to any deadline required for a response, to allow for23 |
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| 42 | 42 | | mailing;24 |
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| 43 | 43 | | (6) If the address of any party is unknown and the party is not represented by an attorney25 |
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| 44 | 44 | | of record, service may be perfected on the party by certified mail or statutory overnight26 |
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| 45 | 45 | | delivery, return receipt requested, directed to the last known address of the party; and"27 |
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| 46 | 46 | | SECTION 2.28 |
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| 47 | 47 | | All laws and parts of laws in conflict with this Act are repealed.29 |
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| 48 | 48 | | H. B. 688 |
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| 49 | 49 | | - 2 - |
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