Understanding the Different Georgia Courts

There are many different types of courts in Georgia, and they all handle different types of matters. Superior Court can handle almost every criminal and civil matter within the State of Georgia, but other Courts have limited jurisdiction. This guide should help you understand the jurisdiction of different types of courts within the State of Georgia.

Trial Courts

Superior Court

Georgia Superior Courts can handle the widest range of cases throughout the State. In criminal cases, they have exclusive jurisdiction over felony charges, but can also handle all Georgia misdemeanors as well. Superior Court can handle all civil cases. They also exclusively handle family law matters such as divorce and child custody. Superior Courts also hear appeals from municipal court, administrative courts, and Jury trials are permissible in Superior Court.

State Court

State Court can handle criminal misdemeanor offenses and county ordinance violations on the criminal side. State Court can also handle civil claims, most commonly personal injury claims. Jury trials are permissible in State Court.

Probate Court

Georgia Probate Courts have original jurisdiction and primarily handle the probate of wills and administration of the estates of people who have passed. Probate courts also provide marriage licenses and firearm carry permits. If a county does not have a State Court, the probate court can also help with traffic citations and select misdemeanor offenses such as DUI, Possession of Marijuana less than One Ounce, Theft by Shoplifting, Disorderly Conduct, and Minor in Possession of Alcohol that have municipal court jurisdiction as well. There are no jury trials in probate court.

Magistrate Court

Magistrate court primarily handles the issuance of arrest and search warrants, bond hearings, and probable cause hearings in criminal matters. Magistrate Court also handles minor criminal violations such as county ordinance violations, dispossessory actions, and landlord/tenant disputes. Finally, Magistrate Court is the court of original jurisdiction for civil claims less than $15,000. There are no jury trials in magistrate court.

Juvenile Court

Juvenile Court handles most offenses for children under 17 years of age. For children aged 13 to 17, select serious felonies are heard in Superior Court instead of Juvenile Court. There are no jury trials in juvenile court.

Municipal Court

Municipal Court is the court of original jurisdiction for traffic citations, possession of marijuana less than one ounce, theft by shoplifting, minor in possession of alcohols, and DUI matters that occur within the incorporated city limits of a municipality. There are no jury trials in municipal court.

Administrative Court

Appellate Courts

Supreme Court of Georgia

The Supreme Court of Georgia is the court of original jurisdiction for questions on the constitutionality of State laws as well as criminal cases that involve a sentence of death. The Supreme Court of Georgia also handles petitions of appeal after the Georgia Court of Appeals has decided a case. The Supreme Court also handles issues of lawyer discipline.

Georgia Court of Appeals

The Court of Appeals is the court of first appellate review for most civil and criminal cases decided in the trial courts. The goal of the court of appeals is to correct legal errors made predominantly in State and Superior Court.