Title 15, Chapter 6, Section 61
( 15-6-61)
(a) It is the duty of a clerk of superior court: (1) To keep the clerk's office and all things belonging thereto at
the county site and at the courthouse or at such other place or
places as authorized by law; (2) To attend to the needs of the court in the performance of the
duties of the clerk; (3) To issue and sign every summons, writ, execution, process,
order, or other paper under authority of the court and attach
seals thereto when necessary. The clerk shall be authorized to
issue and sign under authority of the court any order to show
cause in any pending litigation and any other order in the nature
of a rule nisi, where no injunctive or extraordinary relief is
granted; (4) To keep in the clerk's office the following dockets or books: (A) A civil docket which shall contain separate case number
entries for all civil actions filed in the office of the clerk,
including complaints, proceedings, URESA actions, domestic
relations, contempt actions, motions and modifications on closed
civil actions, and all other actions civil in nature except
adoptions; (B) A criminal docket which shall contain a summary record of
all criminal indictments in which true bills are rendered and
all criminal accusations filed in the office of the clerk of
superior court. The criminal docket shall contain entries of
other matters of a criminal nature filed with the clerk,
including quasi-civil proceedings and entries of cases which are
ordered dead docketed at the discretion of the presiding judge
and which shall be called only at the judge's pleasure. When a
case is thus dead docketed, all witnesses who may have been
subpoenaed therein shall be released from further attendance
until resubpoenaed; (C) A general execution docket on which may be entered all
executions, such docket to be indexed in the name of the
judgment debtor; (D) A lis pendens docket, in which shall be recorded all notices
of lis pendens on real property filed with the clerk, such
docket to have direct and reverse indexes; (E) A docket, file, series of files, book or series of books,
microfilm records, or electronic data base for recording all
deeds, liens, or other documents concerning or evidencing title
to real property, where not otherwise specifically provided for;
and (F) An attachment docket, showing the names of the plaintiff and
defendant in attachment, the court to which the attachment is
returnable, the amount claimed, and a brief description of the
land or other property to be levied on; (5) To keep all the books, papers, dockets, and records belonging
to the office with care and security and to keep the papers filed,
arranged, numbered, and labeled, so as to be of easy reference; (6) To keep at the clerk's office all publications of the laws of
the United States furnished by the state and all publications of
the laws and journals of this state, all statute laws and digests,
this Code, the Supreme Court and Court of Appeals reports, and all
other law books or other public documents distributed to him, for
the public's convenience; provided, however, the clerk may consent
that these publications be maintained in the public law library; (7) To procure a substantial seal of office with the name of the
court and the county inscribed thereon, if this has not already
been done; (8) To make out and deliver to any applicant, upon payment to the
clerk of legal fees, a correct transcript, properly certified, of
any minute, record, or file of the clerk's office except for such
records or documents which are, by provision of law, not to be
released; (9) Upon payment of legal fees to the clerk, to make out a
transcript of the record of each case to be considered by the
Supreme Court or the Court of Appeals and a duplicate thereof
numbered in exact accordance with the numbering of the pages of
the original transcript of the record to be transmitted to the
Supreme Court and the Court of Appeals; (10) To make a notation on all conveyances or liens of the day
they were left to be recorded, which shall be evidence of the
facts stated. Beginning July 1, 1998, all liens or conveyances
left to be filed shall have a three-inch margin at the top to
allow space for the clerk's notation required by this paragraph.
If any lien or conveyance shall be presented for filing without
sufficient margin, the clerk shall attach a piece of paper
sufficient to give such margin at the top of the filing. Such
notation may be made by the clerk or the clerk's deputy or
employee by written signature, facsimile signature, or mechanical
printing; (11) To attest deeds and other written instruments for
registration; (12) To administer all oaths required by the court and to record
all oaths required by law; (13) To transmit to the Georgia Superior Court Clerks' Cooperative
Authority or its designated agent within 24 hours of filing of any
financing statement, amendment to a financing statement,
assignment of a financing statement, continuation statement,
termination statement, or release of collateral, by facsimile or
other electronic means, such information and in such form and
manner as may be required by the Georgia Superior Court Clerks'
Cooperative Authority, for the purpose of including such
information in the central indexing system administered by such
authority; provided, however, that weekends and holidays shall not
be included in the calculation of the 24 hour period; (14) To remit to the Georgia Superior Court Clerks' Cooperative
Authority a portion of all fees collected with respect to the
filings of financing statements, amendments to financing
statements, assignments of financing statements, continuation
statements, termination statements, releases of collateral, or any
other documents related to personal property and included in the
central index, in accordance with the rules and regulations of
such authority regarding the amount and payment of such fees;
provided, however, that such fees shall be remitted to the
authority not later than the tenth day of the month following the
collection of such fees, and the clerk shall not be required to
remit such fees more often than once a week; (15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate data for any such information systems established by such authority so as to provide for public access to real estate information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system. Each clerk of the superior court shall provide and transmit real estate information to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority; (16) To file and transmit all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58; (17)(A) To transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11-133. (B) To electronically collect and transmit to the Georgia Superior Court Clerks' Cooperative Authority all data elements required in subsection (g) of Code Section 35-3-36 in a form and format required by the Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia. The electronic collection and transmission of data shall begin no later than January 1, 2002. The data transmitted to the authority pursuant to this Code section shall be transmitted to the Georgia Crime Information Center in satisfaction of the clerk's duties under subsection (g) of Code Section 35-3-36 and to the Georgia Courts Automation Commission who shall provide the data to the Administrative Office of the Courts for use of the state judicial branch. Public access to said data shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the authority; (18) To participate in agreements, contracts, and networks
necessary or convenient for the performance of the duties provided
in paragraphs (16) and (17) of this subsection; and (19) To perform such other duties as are or may be required by law
or as necessarily appertain to the office of clerk of the superior
court. (b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of superior court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. Regardless of the automated or computerized system elected, each clerk shall maintain and make readily available to the public, complete, printed copies of the real estate grantor and grantee indices updated regularly, prepared in compliance with paragraph (15) of subsection (a) of this Code section and Code Section 15-6-66. |