LC
29 3577
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to
service and filing of pleadings subsequent to the original complaint and other
papers, so as to provide for electronic service of pleadings subsequent to the
original complaint; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-5 of the Official Code of Georgia Annotated, relating to service
and filing of pleadings subsequent to the original complaint and other papers,
is amended by revising subsection (b) as follows:
"(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
himself
is ordered by the court. Service upon the attorney or upon a party shall be
made by delivering a copy to
him
the person to
be served or by mailing it to
him
the person to
be served at
his
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
attorney or
to the party,
person to be
served, using electronic mail and attaching a portable document format (PDF)
electronic version of it, or leaving it at
his
the person to
be served's office with
his clerk
or other
a
person in charge thereof or, if
the
such
office is closed or the person to be served has no office, leaving it at
his
the person to
be served's dwelling house or usual place
of abode with some person of suitable age and discretion
then
residing therein. 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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.