Georgia House of Representatives - 1995/1996 Sessions

HB 1749 - Civil practice; actions against state; temporary restraining order

Page Numbers - 1

1. Kinnamon  4th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              2/20/96  Read 1st Time                                                                
              2/21/96  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 1749                                            LC 22 2184






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 10 of Title 9 of the Official Code of
  1- 2  Georgia Annotated, relating to civil practice and procedure,
  1- 3  so as to assure that litigants will have timely access to
  1- 4  courts and administrative tribunals for purposes of securing
  1- 5  temporary restraining orders or stays to stop immediate and
  1- 6  irreparable harm; to provide that five days' notice to the
  1- 7  Attorney General before any court action involving clients
  1- 8  of the Attorney General is required except where the
  1- 9  judicial action involves the grant of temporary restraining
  1-10  orders or pursuant to emergency proceedings in
  1-11  administrative tribunals; to provide for related matters; to
  1-12  repeal conflicting laws; and for other purposes.

  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-14  Chapter 10 of Title 9 of the Official Code of Georgia
  1-15  Annotated, relating to civil practice and procedure, is
  1-16  amended in Code Section 9-10-2, relating to notice or waiver
  1-17  of notice required in certain actions against the state, by
  1-18  striking the word "or" at the end of paragraphs (1) and (2),
  1-19  by striking the period at the end of paragraph (3) and
  1-20  inserting in lieu thereof the symbol and word "; or" and
  1-21  inserting a new paragraph to be designated paragraph (4) to
  1-22  read as follows:

  1-23      "(4) That the judicial action was taken pursuant to a
  1-24      motion for a temporary restraining order authorized by
  1-25      subsection (b) of Code Section 9-11-65 or pursuant to an
  1-26      emergency proceeding authorized under Chapter 13 of
  1-27      Title 50, the 'Georgia Administrative Procedure Act.'"

                         SECTION 2.

  1-28  All laws and parts of laws in conflict with this Act are
  1-29  repealed.





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