Subject Matter Jurisdiction

Question 1

What cases do the superior courts have exclusive trial jurisdiction over?

Answer 1

1. Cases respecting title to land.
2. Divorce cases.
3. Felony criminal cases.

Question 2

What cases do the state courts have trial jurisdiction over?

Answer 2

The state court can hear any case that the superior court can hear, except those cases that are exclusive to the superior court.

Question 3

What is the jurisdiction of the magistrate courts?

Answer 3

The magistrate court can hear any civil case not vested in the exclusive jurisdiction of the superior court - so long as the amount in controversy does not exceed $15,000.

Question 4

What is the jurisdiction of the probate court?

Answer 4

Exclusive jurisdiction over the probate of wills and administration of estates, matters regarding incompetents or the estates of mentally ill persons, and guardianship matters.

Question 5

What is the jurisdiction of the juvenile court?

Answer 5

Exclusive jurisdiction over delinquency actions involving relatively minor crimes, actions to terminate the parent-child relationship, actions involving children requiring mental treatment or commitment.

Question 6

What should be done if an action is filed in the wrong court?

Answer 6

Any case filed in a court without jurisdiction or in an improper venue must be transferred to a proper court.

Question 7

What cases does the Supreme Court of Georgia have exclusive appellate jurisdiction over?

Answer 7

• Cases involving the construction of a treaty.
• Questions concerning the constitutionality of a state or federal statute.
• Cases of election contest.

Question 8

What is the appellate jurisdiction of the Georgia Court of Appeals?

Answer 8

• Cases involving title to land.
• All equity cases, excluding those involving the death penalty.
• All cases involving wills.
• All cases involving extraordinary remedies.
• All cases involving divorce or alimony.
• All other cases not reserved to the Supreme Court or other courts.