TITLE 9.

CIVIL PRACTICE
CHAPTER 15. COURT AND LITIGATION COSTS
O.C.G.A. 9-15-14 (2015)
9-15-14. Litigation costs and attorney's fees assessed for frivolous actions and defenses

(a) In any civil action in any court of record of this state, reasonable and necessary attorney's fees and
expenses of litigation shall be awarded to any party against whom another party has asserted a claim,
defense, or other position with respect to which there existed such a complete absence of any justiciable
issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim,
defense, or other position. Attorney's fees and expenses so awarded shall be assessed against the party
asserting such claim, defense, or other position, or against that party's attorney, or against both in such
manner as is just.
(b) The court may assess reasonable and necessary attorney's fees and expenses of litigation in any civil
action in any court of record if, upon the motion of any party or the court itself, it finds that an attorney or
party brought or defended an action, or any part thereof, that lacked substantial justification or that the
action, or any part thereof, was interposed for delay or harassment, or if it finds that an attorney or party
unnecessarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of
discovery procedures available under Chapter 11 of this title, the "Georgia Civil Practice Act." As used in
this Code section, "lacked substantial justification" means substantially frivolous, substantially groundless,
or substantially vexatious.
(c) No attorney or party shall be assessed attorney's fees as to any claim or defense which the court
determines was asserted by said attorney or party in a good faith attempt to establish a new theory of law
in Georgia if such new theory of law is based on some recognized precedential or persuasive authority.
(d) Attorney's fees and expenses of litigation awarded under this Code section shall not exceed amounts
which are reasonable and necessary for defending or asserting the rights of a party. Attorney's fees and
expenses of litigation incurred in obtaining an order of court pursuant to this Code section may also be
assessed by the court and included in its order.
(e) Attorney's fees and expenses under this Code section may be requested by motion at any time during
the course of the action but not later than 45 days after the final disposition of the action.
(f) An award of reasonable and necessary attorney's fees or expenses of litigation under this Code section
shall be determined by the court without a jury and shall be made by an order of court which shall
constitute and be enforceable as a money judgment.
(g) Attorney's fees and expenses of litigation awarded under this Code section in a prior action between
the same parties shall be treated as court costs with regard to the filing of any subsequent action.
(h) This Code section shall not apply to proceedings in magistrate courts. However, when a case is
appealed from the magistrate court, the appellee may seek litigation expenses incurred below if the
appeal lacks substantial justification.
TITLE 15. COURTS
CHAPTER 11. JUVENILE CODE
ARTICLE 1. GENERAL PROVISIONS

O.C.G.A. 15-11-2 (2015)

15-11-2. Definitions

As used in this chapter, the term:

(1) "Abandonment" or "abandoned" means any conduct on the part of a parent, guardian, or legal
custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo parental
duties or relinquish parental claims may be evidenced by:
(A) Failure, for a period of at least six months, to communicate meaningfully with a child;
(B) Failure, for a period of at least six months, to maintain regular visitation with a child;
(C) Leaving a child with another person without provision for his or her support for a period of at least
six months;
(D) Failure, for a period of at least six months, to participate in any court ordered plan or program
designed to reunite a child's parent, guardian, or legal custodian with his or her child;
(E) Leaving a child without affording means of identifying such child or his or her parent, guardian, or
legal custodian and:
(i) The identity of such child's parent, guardian, or legal custodian cannot be ascertained despite
diligent searching; and
(ii) A parent, guardian, or legal custodian has not come forward to claim such child within three
months following the finding of such child;
(F) Being absent from the home of his or her child for a period of time that creates a substantial risk
of serious harm to a child left in the home;
(G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or
(H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims.
(2) "Abuse" means:
(A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation
given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of
a child;
(B) Emotional abuse;
(C) Sexual abuse or sexual exploitation;
(D) Prenatal abuse; or
(E) The commission of an act of family violence as defined in Code Section 19-13-1 in the presence of
a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this

subparagraph, the term "presence" means physically present or able to see or hear.
(3) "Adult" means any individual who is not a child as defined in paragraph (10) of this Code section.
(4) "Affiliate court appointed special advocate program" means a locally operated program operating
with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate
for the best interests of an abused or neglected child in dependency proceedings.
(5) "Aggravated circumstances" means the parent has:
(A) Abandoned a child;
(B) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter
of another child of such parent;
(C) Subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual
exploitation;
(D) Committed the murder or voluntary manslaughter of his or her child's other parent or has been
convicted of aiding or abetting, attempting, conspiring, or soliciting the murder or voluntary manslaughter
of his or her child's other parent;
(E) Committed the murder or voluntary manslaughter of another child of such parent; or
(F) Committed an assault that resulted in serious bodily injury to his or her child or another child of
such parent.
(6) "Biological father" means the male who impregnated the biological mother resulting in the birth of a
child.
(7) "Business day" means Mondays through Fridays and shall not include weekends or legal holidays.
(8) "Caregiver" means any person providing a residence for a child or any person legally obligated to
provide or secure adequate care for a child, including his or her parent, guardian, or legal custodian.
(9) "Case plan" means a plan which is designed to ensure that a child receives protection, proper care,
and case management and may include services for a child, his or her parent, guardian, or legal
custodian, and other caregivers.
(10) "Child" means any individual who is:
(A) Under the age of 18 years;
(B) Under the age of 17 years when alleged to have committed a delinquent act;
(C) Under the age of 22 years and in the care of DFCS as a result of being adjudicated dependent
before reaching 18 years of age;
(D) Under the age of 23 years and eligible for and receiving independent living services through DFCS
as a result of being adjudicated dependent before reaching 18 years of age; or

(E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17
years and who has been placed under the supervision of the court or on probation to the court for the
purpose of enforcing orders of the court.
(11) "Child in need of services" means:
(A) A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment,
or rehabilitation and who is adjudicated to be:
(i) Subject to compulsory school attendance and who is habitually and without good and sufficient
cause truant, as such term is defined in Code Section 15-11-381, from school;
(ii) Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or
legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances;
(iii) A runaway, as such term is defined in Code Section 15-11-381;
(iv) A child who has committed an offense applicable only to a child;
(v) A child who wanders or loiters about the streets of any city or in or about any highway or any
public place between the hours of 12:00 Midnight and 5:00 A.M.;
(vi) A child who disobeys the terms of supervision contained in a court order which has been
directed to such child who has been adjudicated a child in need of services; or
(vii) A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his
or her parent, guardian, or legal custodian, or who possesses alcoholic beverages; or
(B) A child who has committed a delinquent act and is adjudicated to be in need of supervision but not
in need of treatment or rehabilitation.
(12) "Class A designated felony act" means a delinquent act committed by a child 13 years of age or
older which, if committed by an adult, would be one or more of the following crimes:
(A) Aggravated assault in violation of paragraph (1), (3), or (4) of subsection (b) or subsection (d),
(e), (f), (j), or (m) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or
instrument which, when used offensively against a person, actually does result in serious bodily injury;
(B) Aggravated battery;
(C) Armed robbery not involving a firearm;
(D) Arson in the first degree;
(E) Attempted murder;
(F) Escape in violation of Code Section 16-10-52, if such child has previously been adjudicated to have
committed a class A designated felony act or class B designated felony act;
(G) Hijacking a motor vehicle;

(G.1) Home invasion in the first degree;

(H) Kidnapping;
(I) Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of
paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4;
(J) Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1;
(K) Any other act which, if committed by an adult, would be a felony in violation of Chapter 5 or 6 of
Title 16, if such child has three times previously been adjudicated for delinquent acts all of which, if
committed by an adult, would have been felonies in violation of any chapter of Title 16, provided that the
prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series
of events related in time and location; or
(L) Any other act which, if committed by an adult, would be a felony, if such child has three times
previously been adjudicated for delinquent acts all of which, if committed by an adult, would have been
felonies in violation of any chapter of Title 16 and one of which, if committed by an adult, would have been
a felony in violation of Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall
not have arisen out of the same transaction or occurrence or series of events related in time and location.
(13) "Class B designated felony act" means a delinquent act committed by a child 13 years of age or
older which, if committed by an adult, would be one or more of the following crimes:
(A) Aggravated assault in violation of subsection (g), (h), or (k) of Code Section 16-5-21 or assault
with a deadly weapon or with any object, device, or instrument which, when used offensively against a
person, would be likely to result in serious bodily injury but which did not result in serious bodily injury;
(B) Arson in the second degree;
(C) Attempted kidnapping;
(D) Battery in violation of Code Section 16-5-23.1, if the victim is a teacher or other school personnel;
(E) Racketeering in violation of Code Section 16-14-4;
(F) Robbery;
(F.1) Home invasion in the second degree;
(G) Participating in criminal gang activity, as defined in subparagraph (H) of paragraph (1) of Code
Section 16-15-3, in violation of Code Section 16-15-4;
(H) Smash and grab burglary;
(I) Possessing, manufacturing, transporting, distributing, possessing with the intent to distribute, or
offering to distribute a destructive device in violation of Code Section 16-7-82;
(J) Distributing certain materials to persons under the age of 21 in violation of Code Section 16-7-84;
(K) Any subsequent violation of Code Sections 16-8-2 through 16-8-5 or 16-8-5.2 through 16-8-9, if

the property which was the subject of the theft was a motor vehicle and such child has had one or more
separate, prior adjudications of delinquency based upon a violation of Code Sections 16-8-2 through 16-85 or 16-8-5.2 through 16-8-9, provided that the prior adjudications of delinquency shall not have arisen
out of the same transaction or occurrence or series of events related in time and location;
(L) Any subsequent violation of Code Section 16-7-85 or 16-7-87, if such child has had one or more
separate, prior adjudications of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87,
provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or
occurrence or series of events related in time and location;
(M) Any subsequent violation of subsection (b) of Code Section 16-11-132, if such child has had one
or more separate, prior adjudications of delinquency based upon a violation of subsection (b) of Code
Section 16-11-132, provided that the prior adjudications of delinquency shall not have arisen out of the
same transaction or occurrence or series of events related in time and location;
(N) (i) An act which constitutes a violation of Code Section 16-11-127.1 involving a:
(I) Firearm, as defined in Code Section 16-11-131;
(II) Dangerous weapon or machine gun, as defined in Code Section 16-11-121; or
(III) Weapon, as defined in Code Section 16-11-127.1, together with an assault; or
(ii) An act which constitutes a second or subsequent adjudication of delinquency based on a
violation of Code Section 16-11-127.1; or
(O) Any other act which, if committed by an adult, would be a felony in violation of any chapter of
Title 16 other than Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for
delinquent acts, all of which, if committed by an adult, would have been felonies in violation of any
chapter of Title 16 other than Chapter 5 or 6 of Title 16, provided that the prior adjudications of
delinquency shall not have arisen out of the same transaction or occurrence or series of events related in
time and location.
(13.1) "Community supervision officer" means an individual employed by the Department of Community
Supervision who supervises probationers who were adjudicated for committing a Class A designated felony
act or Class B designated felony act, placed in restrictive custody, and released from such custody.
(14) "Complaint" is the initial document setting out the circumstances that resulted in a child being
brought before the court.
(15) "Court" means the juvenile court or the court exercising jurisdiction over juvenile matters.
(16) "Court appointed special advocate" or "CASA" means a community volunteer who:
(A) Has been screened and trained regarding child abuse and neglect, child development, and juvenile
court proceedings;
(B) Has met all the requirements of an affiliate court appointed special advocate program;
(C) Is being actively supervised by an affiliate court appointed special advocate program; and

(D) Has been sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes
to serve.
(17) "Criminal justice purposes" means the performance of any activity directly involving:
(A) The investigation, detection, apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused
of, convicted of, adjudicated of, or charged with crimes or delinquent acts; or
(B) The collection, storage, and dissemination of criminal history record information.
(18) "DBHDD" means the Department of Behavioral Health and Developmental Disabilities.
(19) "Delinquent act" means:
(A) An act committed by a child designated a crime by the laws of this state, or by the laws of another
state if the act occurred in that state, under federal laws, or by local ordinance, and the act is not an
offense applicable only to a child or a juvenile traffic offense;
(B) The act of disobeying the terms of supervision contained in a court order which has been directed
to a child who has been adjudicated to have committed a delinquent act; or
(C) Failing to appear as required by a citation issued for an act that would be a crime if committed by
an adult.
(20) "Delinquent child" means a child who has committed a delinquent act and is in need of treatment
or rehabilitation.
(21) "Department" means the Department of Human Services.
(22) "Dependent child" means a child who:
(A) Has been abused or neglected and is in need of the protection of the court:
(B) Has been placed for care or adoption in violation of law; or
(C) Is without his or her parent, guardian, or legal custodian.
(23) "Detention assessment" shall have the same meaning as set forth in Code Section 49-4A-1.
(24) "Developmental disability" shall have the same meaning as set forth in Code Section 371-1.
(25) "Developmental level" is a child's ability to understand and communicate, taking into
account such factors as age, maturity, mental capacity, level of education, cultural background,
and degree of language acquisition.
(26) "DFCS" means the Division of Family and Children Services of the department.
(27) "Diligent search" means the efforts of DFCS to identify and locate a parent whose identity or
location is unknown or a relative or other person who has demonstrated an ongoing commitment to a

child.
(28) "DJJ" means the Department of Juvenile Justice.
(29) "Emancipation" means termination of the rights of a parent to the custody, control, services, and
earnings of a child.
(30) "Emotional abuse" means acts or omissions by a person responsible for the care of a
child that cause any mental injury to such child's intellectual or psychological capacity as
evidenced by an observable and significant impairment in such child's ability to function within
a child's normal range of performance and behavior or that create a substantial risk of
impairment, if the impairment or substantial risk of impairment is diagnosed and confirmed by
a licensed mental health professional or physician qualified to render such diagnosis.
(31) "Evaluation" means a comprehensive, individualized examination of a child by an
examiner that may include the administration of one or more assessment instruments,
diagnosing the type and extent of a child's behavioral health disorders and needs, if any,
making specific recommendations, and assessing a child's legal competencies.
(32) "Examiner" means a licensed psychologist, psychiatrist, or clinical social worker who
has expertise in child development specific to severe or chronic disability of children
attributable to intellectual impairment or mental illness and has received training in forensic
evaluation procedures through formal instruction, professional supervision, or both.
(33) "Fictive kin" means a person who is known to a child as a relative, but is not, in fact,
related by blood or marriage to such child and with whom such child has resided or had
significant contact.
(34) "Foster care" means placement in foster family homes, child care institutions, or another substitute
care setting approved by the department. Such term shall exclude secure residential facilities or other
facilities operated primarily for the purpose of detention of a child adjudicated for delinquent acts.
(35) "Guardian ad litem" means an individual appointed to assist the court in determining the best
interests of a child.
(36) "Guardianship order" means the court judgment that establishes a permanent
guardianship and enumerates a permanent guardian's rights and responsibilities concerning
the care, custody, and control of a child.
(37) "Identification data" means the fingerprints, name, race, sex, date of birth, and any other unique
identifiers of a child.
(38) "Indigent person" means a person who, at the time of requesting an attorney, is unable without
undue financial hardship to provide for full payment of an attorney and all other necessary expenses for
representation or a child who is a party to a dependency proceeding. To determine indigence in a
delinquency proceeding, the court shall follow the standards set forth in Chapter 12 of Title 17.
(39) "Informal adjustment" means the disposition of a case other than by formal adjudication and
disposition.
(40) "Judge" means the judge of the court exercising jurisdiction over juvenile matters.

(41) "Juvenile court intake officer" means the juvenile court judge, associate juvenile court judge, court
service worker, DJJ staff member serving as an intake officer, or person employed as a juvenile probation
or intake officer designated by the juvenile court judge or, where there is none, the superior court judge,
who is on duty for the purpose of determining whether any child taken into custody should be released or
detained and, if detained, the appropriate place of detention.
(42) "Legal custodian" means:
(A) A person to whom legal custody of a child has been given by order of a court; or
(B) A public or private agency or other private organization licensed or otherwise
authorized by law to receive and provide care for a child to which legal custody of such child
has been given by order of a court.
(43) "Legal father" means a male who has not surrendered or had terminated his rights to a child and
who:
(A) Has legally adopted a child;
(B) Was married to the biological mother of a child at the time such child was conceived or was born,
unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;
(C) Married the legal mother of a child after such child was born and recognized such child as his own,
unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;
(D) Has been determined to be the father of a child by a final paternity order pursuant to Article 3 of
Chapter 7 of Title 19;
(E) Has legitimated a child by a final order pursuant to Code Section 19-7-22; or
(F) Has legitimated a child pursuant to Code Section 19-7-21.1.
(44) "Legal mother" means the female who is the biological or adoptive mother of a child and who has
not surrendered or had terminated her rights to such child.
(45) "Mediation" means the proceeding in which a mediator facilitates communication between the
parties concerning the matters in dispute and explores possible solutions to promote collaboration,
understanding, and settlement.
(46) "Mediator" means a neutral third party who attempts to focus the attention of the parties upon
their needs and interests rather than upon their rights and positions and who lacks the authority to impose
any particular agreement upon the parties or to recommend any particular disposition of the case to the
court.
(47) "Mentally ill" means having a disorder of thought or mood which significantly impairs
judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands
of life.
(48) "Neglect" means:

(A) The failure to provide proper parental care or control, subsistence, education as required by law,
or other care or control necessary for a child's physical, mental, or emotional health or morals;
(B) The failure to provide a child with adequate supervision necessary for such child's well-being; or
(C) The abandonment of a child by his or her parent, guardian, or legal custodian.
(49) "Nonsecure residential facility" means community residential facilities that provide 24 hour care in a
residential setting that are not hardware secured.
(50) "Other persons who have demonstrated an ongoing commitment to a child" includes fictive kin and
other individuals, including but not limited to neighbors, teachers, scout masters, caregivers, or parents of
friends of such child and with whom such child has resided or had significant contact.
(51) "Parent" means either the legal father or the legal mother of a child.
(52) "Party" means the state, a child, parent, guardian, legal custodian, or other person subject to any
judicial proceeding under this chapter; provided, however, that for purposes of Articles 5 and 6 of this
chapter, only a child and the state shall be a party.
(53) "Permanency plan" means a specific written plan prepared by DFCS designed to ensure that a child
is reunified with his or her family or ensure that such child quickly attains a substitute long-term home
when return to such child's family is not possible or is not in such child's best interests.
(54) "Permanent placement" means:
(A) Return of the legal custody of a child to his or her parent;
(B) Placement of a child with an adoptive parent pursuant to a final order of adoption; or
(C) Placement of a child with a permanent guardian.
(55) "Person responsible for the care of a child" means:
(A) An adult member of a child's household;
(B) A person exercising supervision over a child for any part of the 24 hour day; or
(C) Any adult who, based on his or her relationship to the parent, guardian, or legal custodian or a
member of a child's household, has access to such child.
(56) "Prenatal abuse" means exposure to chronic or severe use of alcohol or the unlawful use of any
controlled substance, as such term is defined in Code Section 16-13-21, which results in:
(A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite
thereof in a newborn's body, blood, urine, or meconium that is not the result of medical treatment; or
(B) Medically diagnosed and harmful effects in a newborn's physical appearance or functioning.
(57) "Probation and intake officer" means any probation officer and any personnel of a juvenile court to
whom are delegated the duties of an intake officer under this chapter, other than a juvenile court judge,

associate juvenile court judge, or court service worker.

(58) "Probation officer" means any personnel of a juvenile court or staff of DJJ to whom are delegated
the duties of a probation officer under this chapter, other than a juvenile court judge or associate juvenile
court judge.
(59) "Prosecuting attorney" means an attorney designated by the district attorney of the judicial circuit
in which juvenile proceedings are instituted, unless otherwise provided in subsection (c) of Code Section
15-18-6.1.
(60) "Putative father registry" means the registry established and maintained pursuant to subsections
(d) and (e) of Code Section 19-11-9.
(61) "Reasonable efforts" means due diligence and the provision of appropriate services.
(62) "Relative" means a person related to a child by blood, marriage, or adoption, including the spouse
of any of those persons even if the marriage was terminated by death or dissolution.
(63) "Restitution" means any property, lump sum, or periodic payment ordered to be made to any
victim. Restitution may also be in the form of services ordered to be performed by a child.
(64) "Restrictive custody" means in the custody of DJJ for purposes of housing in a secure residential
facility or nonsecure residential facility.
(65) "Risk assessment" shall have the same meaning as set forth in Code Section 49-4A-1.
(66) "Screening" means a relatively brief process to identify a child who potentially may have mental
health or substance abuse needs, through administration of a formal screening instrument, to identify a
child who may warrant immediate attention or intervention or a further, more comprehensive evaluation.
(67) "Secure residential facility" means a hardware secure residential institution operated by or on
behalf of DJJ and shall include a youth development center or a regional youth detention center.
(68) "Services" means assistance including but not limited to care, guidance, education, counseling,
supervision, treatment, and rehabilitation or any combination thereof.
(69) "Sexual abuse" means a caregiver or other person responsible for the care of a child employing,
using, persuading, inducing, enticing, or coercing any child to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) The condition of being fettered, bound, or otherwise physically restrained on the part of a person

who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed
or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;
(H) Defecation or urination for the purpose of sexual stimulation; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized
medical procedure by a licensed health care professional.
(70) "Sexual exploitation" means conduct by a caregiver or other person responsible for the care of a
child who allows, permits, encourages, or requires a child to engage in:
(A) Prostitution, in violation of Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such
conduct, in violation of Code Section 16-12-100.
(71) "Sibling" means a person with whom a child shares a biological father or one or both parents in
common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution.
(72) "Staffing" means a meeting held periodically to develop and review progress on plans for meeting
the identified needs of a child.
(73) "Statutory overnight delivery" means delivery of notice as provided in Code Section 9-10-12.
(74) "Unsupervised probation" means a period of probation or community supervision prior to the
termination of a child's disposition in which:
(A) All of the conditions and limitations imposed by the court in placing such child on probation remain
intact;
(B) Such child may have reduced reporting requirements; and
(C) A probation officer shall not actively supervise such child.
(75) "Visitation" means a period of access to a child by a parent, guardian, legal custodian, sibling, other
relative, or any other person who has demonstrated an ongoing commitment to a child in order to
maintain parental and familial involvement in a child's life when he or she is not residing with such person.
(76) "Weekend" means Saturday or Sunday.

TITLE 37. MENTAL HEALTH

CHAPTER 1. GOVERNING AND REGULATION OF MENTAL HEALTH
ARTICLE 1. GENERAL PROVISIONS
O.C.G.A. 37-1-1 (2015)
37-1-1. Definitions

As used in this title, the term:

(1) "Addictive disease" means a chronic, often relapsing, brain disease that causes compulsive alcohol or
drug seeking and use despite harmful consequences to the individual who is addicted and to those around
him or her.
(2) "Board" means the Board of Behavioral Health and Developmental Disabilities.
(3) "Commissioner" means the commissioner of behavioral health and developmental disabilities.
(4) "Community service board" means a public mental health, developmental disabilities, and addictive
diseases board established pursuant to Code Section 37-2-6.
(5) "Consumer" means a natural person who has been or is a recipient of disability services.
(6) "County board of health" means a county board of health established in accordance with Chapter 3
of Title 31 and includes its duly authorized agents.
(7) "Department" means the Department of Behavioral Health and Developmental Disabilities and
includes its duly authorized agents and designees.
(8) "Developmental disability" means a severe, chronic disability of an individual that:
(A) Is attributable to a significant intellectual disability, or any combination of a significant intellectual
disability and physical impairments;
(B) Is manifested before the individual attains age 22;
(C) Is likely to continue indefinitely;
(D) Results in substantial functional limitations in three or more of the following areas of major life
activities:
(i) Self-care;
(ii) Receptive and expressive language;
(iii) Learning;
(iv) Mobility;
(v) Self-direction; and
(vi) Capacity for independent living; and
(E) Reflects the person's need for a combination and sequence of special, interdisciplinary,
or generic services, individualized supports, or other forms of assistance which are of lifelong
or extended duration and are individually planned and coordinated.
(9) "Disability" means:

(A) Mental or emotional illness;

(B) Developmental disability; or
(C) Addictive disease.
(10) "Disability services" means services to the disabled or services which are designed to
prevent or ameliorate the effect of a disability.
(11) "Disabled" means any person or persons having a disability.
(12) "Mental illness" means a disorder of thought or mood which significantly impairs judgment,
behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
(13) "Mentally ill" means having a mental illness.
(14) "Peace officer" means any federal, city, or county police officer, any officer of the Georgia State
Patrol, or any sheriff or deputy sheriff.
(15) "Penal offense" means a violation of a law of the United States, this state, or a political subdivision
thereof for which the offender may be confined in a state prison or a city or county jail or any other penal
institution.
(16) "Physician" means any person duly authorized to practice medicine in this state under Chapter 34
of Title 43.
(17) "Psychologist" means any person authorized under the laws of this state to practice as a licensed
psychologist as set forth in paragraph (3) of Code Section 43-39-1.
(18) "Regional board" means a regional board established in accordance with Code Section 37-2-4.1 as
that Code section existed on June 30, 2002.
(19) "Regional coordinator" means an employee of the department who acts as the department's agent
and designee to manage community services for consumers of disability services within a mental health,
developmental disabilities, and addictive diseases region established in accordance with Code Section 372-3.
(20) "Regional office" means an office created pursuant to Code Section 37-2-4.1. Such office shall be
an office of the department and serve as the entity for the administration of disability services in a region.
(21) "Regional planning board" means a planning board established in accordance with Code Section 372-4.1.
(22) "Regional services administrator" means an employee of the department who, under the
supervision of the regional coordinator, manages the purchase or authorization of services, or both, for
consumers of disability services, the assessment and coordination of services, and ongoing monitoring and
evaluation of services provided within a region established in accordance with Code Section 37-2-3.
(23) "Regional state hospital administrator" means the chief administrative officer of a state owned or
state operated hospital and the state owned or operated community programs in a region. The regional
state hospital administrator has overall management responsibility for the regional state hospital and

manages services provided by employees of the regional state hospital and employees of state owned or
operated community programs within a mental health, developmental disabilities, and addictive diseases
region established in accordance with Code Section 37-2-3.
(24) "Resident" means a person who is a legal resident of the State of Georgia.
(25) "State mental health facility" means, for purposes of this title and Title 31, a hospital, inpatient
unit, or other institution operated by or under contract with the department for its operation, including the
replacement or reorganization of the facility.
MY MENTAL HEALTH
TITLE 37. MENTAL HEALTH
CHAPTER 1. GOVERNING AND REGULATION OF MENTAL HEALTH
ARTICLE 4. HEARINGS, APPEALS, EVIDENCE, ETC.
O.C.G.A. 37-1-53 (2015)
37-1-53. Classification of privileged materials
Notwithstanding any other provision of law to the contrary, the department is authorized by
regulation to classify as confidential and privileged documents, reports, and other information
and data obtained by them from persons, firms, corporations, municipalities, counties, and other
public authorities and political subdivisions where such matters relate to secret processes, formulas, and
methods or where such matters were obtained or furnished on a confidential basis. All matters so
classified shall not be subject to public inspection or discovery and shall not be subject to production or
disclosure in any court of law or elsewhere until and unless the judge of the court of competent
jurisdiction, after in camera inspection, determines that the public interest requires such production and
disclosure or that such production and disclosure may be necessary in the interest of justice. This
subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167,
37-4-125, 37-4-126, 37-7-166, and 37-7-167.
REMOVED JAYDEN WITHOUT GOOD CAUSE OR GOOD FAITH DUE TO THE DECEPTION IN
REQUESTING THE RECORDING TO BE EMAILED, WHICH WAS USED AS A MEANS TO CREATE A
VIOLATION OF THE SAFETY PLAN, TO SUPPORT A FALSE PERCEPTION OF DEPENDENCY.
This was a violation of HIS and My due process rights
TITLE 9. CIVIL PRACTICE
CHAPTER 16. UNIFORM CIVIL FORFEITURE PROCEDURE ACT
O.C.G.A. 9-16-6 (2015)
9-16-6. Seizure of property

(a) Property subject to forfeiture may be seized by any law enforcement officer of this state or any
political subdivision thereof who has power to make arrests or execute process or a search warrant issued
by any court having jurisdiction over the property. A court issued warrant authorizing seizure of property
subject to forfeiture may be issued on an affidavit demonstrating that probable cause exists for its
forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts
of the United States. The court may order that the property be seized on such terms and conditions as are
reasonable.

(b) Property subject to forfeiture may be seized without process if probable cause exists to believe that
the property is subject to forfeiture or the seizure is incident to an arrest or search pursuant to a search
warrant or to an inspection under an inspection warrant.
(c) The court's jurisdiction over any civil forfeiture proceeding shall not be affected by a seizure in violation
of the Constitution of Georgia or the Constitution of the United States made with process or in a good faith
belief of probable cause.

TITLE 9. CIVIL PRACTICE

CHAPTER 16. UNIFORM CIVIL FORFEITURE PROCEDURE ACT
O.C.G.A. 9-16-9 (2015)
9-16-9. Seized property not subject to replevin, conveyance, sequestration, or attachment; release of
property; assignment of complaint for forfeiture; custodian of property

(a) Property attached or seized under this chapter shall not be subject to replevin, conveyance,
sequestration, or attachment.
(b) The seizing law enforcement agency or the state attorney may authorize the release of the attached or
seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding
to another agency or state attorney by discontinuing such proceeding in favor of a civil forfeiture
proceeding initiated by another law enforcement agency or state attorney.
(c) A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 may be assigned to
the same judge hearing any other complaint for forfeiture or criminal proceeding involving substantially
the same parties or same property in accordance with the Uniform Superior Court Rules.
(d) Property shall be deemed to be in the custody of the State of Georgia subject only to the orders and
decrees of the superior court having jurisdiction over the civil forfeiture proceeding.

TITLE 1. GENERAL PROVISIONS 5|66

TITLE 2. AGRICULTURE 24|220|693|700
TITLE 3. ALCOHOLIC BEVERAGES 15|90|288|318
TITLE 4. ANIMALS 16|126|280|331
TITLE 5. APPEAL AND ERROR 7|47|129
TITLE 6. AVIATION 6|54|68
TITLE 7. BANKING AND FINANCE 11|131|395|766
TITLE 8. BUILDINGS AND HOUSING 7|46|144|311|324
TITLE 9. CIVIL PRACTICE 16|176|702|802
TITLE 9 NOTE
CHAPTER 2. ACTIONS GENERALLY 5|39

TITLE 9 Chapter 2 NOTE

ARTICLE 1. GENERAL PROVISIONS 9
ARTICLE 2. PARTIES 12
ARTICLE 3. ABATEMENT 9
ARTICLE 4. DISMISSAL AND RENEWAL 4
9-2-60. Dismissal for want of prosecution; costs; recommencement within six months
9-2-61. Renewal of case after dismissal
9-2-62. Retraxit and dismissal or discontinuance distinguished
9-2-63. Affidavit of indigence for renewal of action
CHAPTER 3. LIMITATIONS OF ACTIONS 7|65
CHAPTER 4. DECLARATORY JUDGMENTS 11
CHAPTER 5. INJUNCTIONS 12
CHAPTER 6. EXTRAORDINARY WRITS 5|26
CHAPTER 7. AUDITORS 24
CHAPTER 8. RECEIVERS 15
CHAPTER 9. ARBITRATION 3|32|92
CHAPTER 10. CIVIL PRACTICE AND PROCEDURE GENERALLY 10|83|95
TITLE 9 Chapter 10 NOTE
ARTICLE 1. GENERAL PROVISIONS 14
ARTICLE 2. VENUE 3|15
ARTICLE 3. SERVICE 4
ARTICLE 4. PERSONAL JURISDICTION OVER NONRESIDENTS 6
ARTICLE 5. VERIFICATION 5
ARTICLE 6. AMENDMENTS 6
ARTICLE 7. CONTINUANCES 21
ARTICLE 8. ARGUMENT AND CONDUCT OF COUNSEL 8
ARTICLE 9. GENERAL CIVIL FORMS 6
CHAPTER 11. CIVIL PRACTICE ACT 11|130
CHAPTER 12. VERDICT AND JUDGMENT 7|81
TITLE 9 Chapter 12 NOTE
ARTICLE 1. GENERAL PROVISIONS 24

ARTICLE 2. EFFECT OF JUDGMENTS 4

ARTICLE 3. DORMANCY AND REVIVAL OF JUDGMENTS 9
ARTICLE 4. JUDGMENT LIENS 16
ARTICLE 5. UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT 11
ARTICLE 6. ENFORCEMENT OF FOREIGN JUDGMENTS 10
CHAPTER 13. EXECUTIONS AND JUDICIAL SALES 8|86|114
CHAPTER 14. HABEAS CORPUS 3|43
CHAPTER 15. COURT AND LITIGATION COSTS 16
CHAPTER 16. UNIFORM CIVIL FORFEITURE PROCEDURE ACT 23
TITLE 9 Chapter 16 NOTE
9-16-1. Short title
9-16-2. Definitions
9-16-3. Jurisdiction
9-16-4. Venue
9-16-5. Notice to innocent owner of seizure of vehicle
9-16-6. Seizure of property
9-16-7. Reporting of seizure; role of state attorney
9-16-8. Forfeiture lien
9-16-9. Seized property not subject to replevin, conveyance, sequestration, or
attachment; release of property; ...
9-16-10. Disposition of seized property
9-16-11. Administrative forfeiture for property valued at $25,000.00 or less;
notice; procedure.
9-16-12. In rem forfeiture
9-16-13. In personam forfeiture
9-16-14. Restraining order, injunction, and other measures to seize, maintain,
or preserve property; hearing
9-16-15. Stay of civil forfeiture proceedings during pendency of criminal
proceedings; effect of criminal conviction
9-16-16. Recovery by an injured person
9-16-17. Burden of proof and presumptions
9-16-18. Forfeited property vests in state at time conduct giving rise to
forfeiture committed; release of property ...

 9-16-19. Disposition of forfeited property; order of distribution; annual report

9-16-20. Court may order forfeiture of other property under certain
circumstances; civil action; enforcement of ...
9-16-21. Effect of federal law forfeitures; annual report
9-16-22. Construction

9-10-113. When verification sufficient

All affidavits, petitions, answers, defenses, or other proceedings required to be verified or sworn to
under oath shall be held to be sufficient when the same are sworn to before any notary public, magistrate,
judge of any court, or any other officer of the state or county where the oath is made who is authorized by
the laws thereof to administer oaths. The oath if made outside this state shall have the same force and
effect as if it had been made before an officer of this state authorized to administer the same. The official
attestation of the officer before whom the oath or affidavit is made shall be prima-facie evidence of the
official character of the officer and that he was authorized by law to administer oaths. However, this Code
section shall not apply to such affidavits as may be expressly required by statute to be made before some
particular officer within the state.
Didnt allow closing argurment
9-10-186. Opening and closing arguments
In civil actions, where the burden of proof rests with the plaintiff, the plaintiff is entitled to the opening
and concluding arguments except that if the defendant introduces no evidence or admits a prima-facie
case, the defendant shall be entitled to open and conclude. In civil actions for personal injuries, the
defendant shall be deemed not to have admitted a prima-facie case if such defendant introduces any
evidence as to the extent of damages, other than cross-examination of the plaintiff and witnesses called
by the plaintiff.
19-6-28. Enforcement of orders; contempt; service of rule nisi by mail; rule nisi form

(a) In addition to other powers specified in this chapter, the court shall have the power to subject the
respondent to such terms and conditions as the court may deem proper to assure compliance with its
orders and, in particular, shall have the power to punish the respondent who violates any order of the
court to the same extent as is provided by law for contempt of the court in any other action or proceeding
cognizable by the court. Any proceeding for compliance pursuant to this authority shall be a part of the
underlying action, and a motion for such enforcement shall not constitute the filing of a new action or
require the payment of a new filing fee.
(b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by
attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the
motion and rule nisi by first-class mail, postage prepaid, to the respondent at the respondent's last known
address together with two copies of a notice and acknowledgment conforming substantially to the form
specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the
sender. If service is perfected by acknowledgment of service in this manner, the petitioner shall file with
the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no

acknowledgment of service under this subsection is received by the petitioner within ten days after the
date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and
service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service
shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing
establishes to the court that there is good reason why such person should not be so charged. A child
support contempt motion shall be served upon a respondent with a notice that contains a date certain for
hearing which shall be no later than 30 days from the date of service of the motion, unless good cause for
a later date is found by the court, in which event the time for a hearing may be extended for up to 30
days.
(c) The form for notice and acknowledgment under subsection (b) of this Code section shall be
substantially as follows:

IN THE SUPERIOR COURT OF

STATE OF GEORGIA

COUNTY

)
Plaintiff

v.

)
)
)

Civil action

File no.

)
)
Defendant

RULE NISI NOTICE AND

ACKNOWLEDGMENT

To: (insert the name and address of the person to be served)

The enclosed motion and rule nisi are served pursuant to Official Code of
Georgia Annotated Section 19-6-28.
You must complete the acknowledgment part of this form and mail one copy of
the completed form to the sender within ten days of the date of mailing to
you, which date is set out below.
You must sign and date the acknowledgment. If you are served on behalf of
another person and you are authorized to receive process, you must indicate
under your signature your authority.

If you do not complete and return this form to the sender within ten days,
you or the party on whose behalf you are being served will be required to pay
any expenses incurred in serving a summons and complaint in any other manner
permitted by law unless good and sufficient cause is shown to the contrary.
If you do complete and mail this form, you or the party on whose behalf you
are being served must appear and show cause why you should not be attached for
contempt at the time required by the enclosed rule nisi.
I declare, under penalty of perjury, that this Notice and Acknowledgment of
Receipt will have been mailed on the date set out below.

Signature

Date of mailing

ACKNOWLEDGMENT OF RECEIPT
OF SUMMONS AND COMPLAINT

I declare, under penalty of perjury, that I received a copy of the motion

and of the rule nisi in the above-captioned manner at (insert address).

Signature

Printed name of signer

Authority to receive
service of process

Date of mailing

(d) Service in accordance with subsections (b) and (c) of this Code section is in addition to any other
method of service provided by law.
GROUNDS FOR CONTINUANCE
TITLE 9. CIVIL PRACTICE
TITLE 9 NOTE

CHAPTER 2. ACTIONS GENERALLY

CHAPTER 3. LIMITATIONS OF ACTIONS
CHAPTER 4. DECLARATORY JUDGMENTS
CHAPTER 5. INJUNCTIONS
CHAPTER 6. EXTRAORDINARY WRITS
CHAPTER 7. AUDITORS
CHAPTER 8. RECEIVERS
CHAPTER 9. ARBITRATION
CHAPTER 10. CIVIL PRACTICE AND PROCEDURE GENERALLY
TITLE 9 Chapter 10 NOTE
ARTICLE 1. GENERAL PROVISIONS
ARTICLE 2. VENUE
ARTICLE 3. SERVICE
ARTICLE 4. PERSONAL JURISDICTION OVER NONRESIDENTS
ARTICLE 5. VERIFICATION
ARTICLE 6. AMENDMENTS
ARTICLE 7. CONTINUANCES
TITLE 9 Chapter 10 Article 7 NOTE
9-10-150. Grounds for continuance -- Attendance of party or attorney in General Assembly
9-10-151. Grounds for continuance -- Attendance at board of regents or education meeting
9-10-152. Grounds for continuance -- Attendance at meeting of Board of Human Services or Board of
Behavioral ...
9-10-153. Grounds for continuance -- Service in National Guard; oath of party or statement of counsel
9-10-154. Grounds for continuance -- Party providentially prevented from attendance; statement of counsel
9-10-155. Grounds for continuance -- Illness or absence of counsel; oath of party
9-10-156. Grounds for continuance -- Occupation of counsel as Attorney General in aid of General Assembly
9-10-157. When amending party granted continuance
9-10-158. Continuance to enable opposite party to meet amendment; when charged to amending party
9-10-159. Legislator attending General Assembly excused as witness; deposition in civil case
9-10-160. Continuance for absence of witness; what application to show
9-10-161. Denial of continuance for absence of witness or testimony where opposite party makes admission
9-10-162. Continuance after case sent back by appellate court
9-10-163. Continuance of appeals case
9-10-164. Continuances for one term only
9-10-165. Case not reached continued
9-10-166. Diligence to be shown by applicant for continuance
9-10-167. Continuance in discretion of court; countershowing to motion for continuance
9-10-168. When postponement substituted for continuance
9-10-169. Announcement and docketing of continuance

Kathryn Pope needs to provide her docket schedule for 02/05, 04/27 th hearings.
9-10-156. Grounds for continuance -- Occupation of counsel as Attorney General in aid of General
Assembly
When any case pending in the courts of this state in which the Attorney General is of counsel is
scheduled to be called for any purpose during sessions of the General Assembly or during a period of 15
days preceding or following sessions of the General Assembly, on motion of the Attorney General or an
assistant attorney general, it shall be a good ground for continuance that the Attorney General and his
staff are occupied in aid of the business of the General Assembly.

9-10-180. Time limit for arguments

Counsel shall be limited in their arguments to two hours on a side.

 9-10-184. Value of pain and suffering may be argued

In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary
value of pain and suffering to the jury; provided, however, that any such argument shall conform to the
evidence or reasonable deductions from the evidence in the case.
TITLE 9. CIVIL PRACTICE
CHAPTER 10. CIVIL PRACTICE AND PROCEDURE GENERALLY
ARTICLE 8. ARGUMENT AND CONDUCT OF COUNSEL
O.C.G.A. 9-10-185 (2015)
9-10-185. Prejudicial statements by counsel; prevention by court; rebuke of counsel and
instruction to jury; mistrial
Where counsel in the hearing of the jury make statements of prejudicial matters which are not in
evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall
also rebuke counsel and by all needful and proper instructions to the jury endeavor to remove the
improper impression from their minds. In its discretion, the court may order a mistrial if the plaintiff's
attorney is the offender.

9-10-186. Opening and closing arguments

In civil actions, where the burden of proof rests with the plaintiff, the plaintiff is entitled to the opening
and concluding arguments except that if the defendant introduces no evidence or admits a prima-facie
case, the defendant shall be entitled to open and conclude. In civil actions for personal injuries, the
defendant shall be deemed not to have admitted a prima-facie case if such defendant introduces any
evidence as to the extent of damages, other than cross-examination of the plaintiff and witnesses called
by the plaintiff.
TITLE 9. CIVIL PRACTICE
CHAPTER 11. CIVIL PRACTICE ACT
ARTICLE 2. COMMENCEMENT OF ACTION AND SERVICE
O.C.G.A. 9-11-5 (2015)
9-11-5. Service and filing of pleadings subsequent to the original complaint and other papers

(a) Service -- When required. Except as otherwise provided in this chapter, every order required by its
terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders
because of numerous defendants, every written motion other than one which may be heard ex parte, and
every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each
of the parties. However, the failure of a party to file pleadings in an action shall be deemed to be a waiver
by him or her of all notices, including notices of time and place of trial and entry of judgment, and all
service in the action, except service of pleadings asserting new or additional claims for relief, which shall
be served as provided by subsection (b) of this Code section.
(b) Same -- How made. Whenever under this chapter service is required or permitted to be made upon a
party represented by an attorney, the service shall be made upon the attorney unless service upon the
party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a

copy to the person to be served or by mailing it to the person to be served at the person's last known
address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section,
the term "delivery of a copy" means handing it to the person to be served or leaving it at the person to be
served's office with a person in charge thereof or, if such office is closed or the person to be served has no
office, leaving it at the person to be served's dwelling house or usual place of abode with some person of
suitable age and discretion residing therein. "Delivery of a copy" also means transmitting a copy via e-mail
in portable document format (PDF) to the person to be served using all e-mail addresses provided
pursuant to subsection (f) of this Code section and showing in the subject line of the e-mail message the
words "STATUTORY ELECTRONIC SERVICE" in capital letters. Service by mail is complete upon mailing.
Proof of service may be made by certificate of an attorney or of his or her employee, by written admission,
by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the
validity of service.
(c) Same -- Numerous defendants. In any action in which there are unusually large numbers of
defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the
defendants and replies thereto need not be made as between the defendants, and that any cross-claim,
counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be
deemed to be denied or avoided by all other parties, and that the filing of any such pleading and service
thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be
served upon the parties in such manner and form as the court directs.
(d) Filing. All papers after the complaint required to be served upon a party shall be filed with the court
within the time allowed for service.
(e) "Filing with the court" defined. The filing of pleadings and other papers with the court as required by
this chapter shall be made by filing them with the clerk of the court, except that the judge may permit the
papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit
them to the office of the clerk.
(f) Electronic service of pleadings.
(1) A person to be served may consent to being served with pleadings electronically by:
(A) Filing a notice of consent to electronic service and including the person to be served's e-mail
address or addresses in such pleading; or
(B) Including the person to be served's e-mail address or addresses in or below the signature block of
the complaint or answer, as applicable to the person to be served.
(2) A person to be served may rescind his or her election to be served with pleadings electronically by
filing and serving a notice of such rescission.
(3) If a person to be served agrees to electronic service of pleadings, such person to be served bears
the responsibility of providing notice of any change in his or her e-mail address or addresses.
(4) If electronic service of a pleading is made upon a person to be served, and such person certifies to
the court under oath that he or she did not receive such pleading, it shall be presumed that such pleading
was not received unless the serving party disputes the assertion of nonservice, in which case the court
shall decide the issue of service of such pleading.