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Structure of Courts
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Function
Below are all of the laws that govern the structure of courts that match your search criteria.
145 Results
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Georgia | Ga. Code Ann. § 15-9-30 | Subject Matter jurisdiction; Powers and Duties Generally; Copy of Official Code of Georgia Annotated Furnished for Each Judge |
(a) Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters: (1) The probate of wills; (2) The granting of letters testamentary and of administration and the repeal or revocation of the same; (3) All controversies in relation to the right of executorship or administration; (4) The sale and disposition of the property belonging to, and the distribution of, deceased persons' estates; (5) The appointment and removal of guardians of minors, conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults and persons who are incompetent because of mental illness or intellectual disability; (6) All controversies as to the right of guardianship and conservatorship, except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4; (7) The auditing and passing of returns of all executors, administrators, guardians of property, conservators, and guardians; (8) The discharge of former sureties and the requiring of new sureties from administrators, guardians of property, conservators, and guardians; (9) All matters as may be conferred on them by Chapter 3 of Title 37; (10) All matters as may be conferred on them by Chapter 13 of Title 53; (11) All other matters and things as appertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or intellectual disability; and (12) All matters as may be conferred on them by the Constitution and laws; (b) In addition to the jurisdiction granted in subsection (a) of this Code section and unless otherwise provided by law, the probate courts shall have the power to carry out the following duties as assigned by specific laws: (1) Perform county governmental administration duties; (2) Perform duties relating to elections; (3) Fill vacancies in public offices by appointment; (4) Administer oaths to public officers; (5) Accept, file, approve, and record bonds of public officers; (6) Register and permit certain enterprises; (7) Issue marriage licenses; (8) Hear traffic cases; (9) Hear cases of violations of game and fish laws; (10) Hold criminal commitment hearings; and (11) Perform such other judicial and ministerial functions as may be provided by law; (c) To assure proper administration of the court's duties, the judge of the probate court of each county shall be furnished a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current. The costs of such Code and maintenance thereof shall be paid by the governing authority of each such county from the county library fund, if sufficient, otherwise any additional amount required shall be paid from the general funds of the county.
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Probate Courts | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-10-1 | Creation of Magistrate Courts |
There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court of ___ County. |
Magistrate Court | Creation of the courts |
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Georgia | Ga. Code Ann. § 15-10-2 | General Jurisdiction |
Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters: (1) The hearing of applications for and the issuance of arrest and search warrants; (2) Issuance of warrants and related proceedings as provided in Article 4 of Chapter 6 of Title 17, relating to bonds for good behavior and bonds to keep the peace; (3) The holding of courts of inquiry; (4) The trial of charges of violations of county ordinances and penal ordinances of state authorities; (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $15,000.00, provided that no prejudgment attachment may be granted; (6) The issuance of summons, trial of issues, and issuance of writs and judgments in dispossessory proceedings and distress warrant proceedings as provided in Articles 3 and 4 of Chapter 7 of Title 44; (7) The punishment of contempts by fine not exceeding $200.00 or by imprisonment not exceeding ten days or both; (8) The administration of any oath which is not required by law to be administered by some other officer; (9) The granting of bail in all cases where the granting of bail is not exclusively committed to some other court or officer; (10) The issuing of subpoenas to compel attendance of witnesses in the magistrate court and subpoenas for the production of documentary evidence before the magistrate court; (11) Such other matters as are committed to their jurisdiction by other general laws; (12) The trial and sentencing of misdemeanor violations of Code Section 16-9-20, relating to criminal issuance of bad checks, as provided by Article 10 of this chapter; (13) The execution or subscribing and the acceptance of written waivers of extradition in the same manner provided for in Code Section 17-13-46; (14) The trial and sentencing of misdemeanor violations of other Code sections as provided by Article 13 of this chapter; (15) The foreclosure of liens on animals as established in Title 4; (16) The foreclosure of liens on abandoned mobile homes as established in Article 6 of Chapter 7 of Title 44; and (17) The foreclosure of liens on abandoned motor vehicles as established in Article 1A of Chapter 11 of Title 40, "The Abandoned Motor Vehicle Act."
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Magistrate Court | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-10-2.1 | Jurisdiction Over Certain Cases Involving Litter |
(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations; (b) A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
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Magistrate Court | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-11-10 | Exclusive Original Jurisdiction |
Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child who: (A) Is alleged to be a delinquent child; (B) Is alleged to be a child in need of services; (C) Is alleged to be a dependent child; (D) Is alleged to be in need of treatment or commitment as a mentally ill or developmentally disabled child; (E) Has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision or a probation begun either prior to such child's seventeenth birthday if the order is entered as a disposition for an adjudication for delinquency or prior to such child's eighteenth birthday if the order is entered for an adjudication for a child in need of services; (F) Has remained in foster care after such child's eighteenth birthday or who is receiving independent living services from DFCS after such child's eighteenth birthday; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of such child and the services being provided to such child as a result of such child's independent living plan or status as a child in foster care; or (G) Requires a comprehensive services plan in accordance with Code Section 15-11-658; (2) Concerning any individual under the age of 17 years alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-630; or . (3) Involving any proceedings: (A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law; (B) For permanent guardianship brought pursuant to the provisions of Article 3 of this chapter; (C) Under Chapter 4B of Title 49, the Interstate Compact for Juveniles, or any comparable law, enacted or adopted in this state; (D) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child in accordance with Article 4 of this chapter; provided, however, that such jurisdiction shall not affect the superior court's exclusive jurisdiction to terminate the legal parent-child relationship and the rights of a biological father who is not the legal father of the child as set forth in Chapters 6 through 9 of Title 19; (E) For emancipation brought pursuant to the provisions of Article 10 of this chapter; (F) Under Article 8 of this chapter, relating to prior notice to a parent, guardian, or legal custodian relative to an unemancipated minor's decision to seek an abortion; or (G) Brought by a local board of education pursuant to Code Section 20-2-766.1, relating to court orders requiring that a parent, guardian, or legal custodian attend a conference or participate in programs or treatment to improve a student's behavior.
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Juvenile Courts | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-11-11 | Concurrent Jurisdiction |
The juvenile court shall have concurrent jurisdiction to hear: (1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child alleged to be dependent; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The issue of custody and support when the issue is transferred by proper order of the superior court; provided, however, that if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial; (4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court; and (5) Any criminal case transferred to the court pursuant to subsection (d) of Code Section 15-11-15.
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Justice Courts | Jurisdiction of the courts |
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Georgia | Ga. Code Ann. § 15-11-50(a) | Creation of Juvenile Courts; Appointment of Judges |
There is created a juvenile court in every county in the state. |
Juvenile Courts | Creation of the courts |
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Hawaii | JUDICIAL POWER | HI Const. Art. 6, § 1 |
The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.
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Supreme Court | Creation of the courts |
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Hawaii | HI Const. Art. 6, § 1 | JUDICIAL POWER |
The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.
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Intermediate Appellate Court | Creation of the courts |
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Hawaii | HI Const. Art. 6, § 1 | JUDICIAL POWER |
The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.
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Circuit courts | Creation of the courts |
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Hawaii | HI Const. Art. 6, § 1 | JUDICIAL POWER |
The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.
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District courts | Creation of the courts |
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Hawaii | Haw. Rev. Stat. § 604-8 | Criminal, misdemeanors, generally |
(a) District courts shall have jurisdiction of, and their criminal jurisdiction is limited to, criminal offenses punishable by fine, or by imprisonment not exceeding one year whether with or without fine. They shall not have jurisdiction over any offense for which the accused cannot be held to answer unless on a presentment or indictment of a grand jury.In any case cognizable by a district court under this section in which the accused has the right to a trial by jury in the first instance, the district court, upon demand by the accused for a trial by jury, shall not exercise jurisdiction over the case, but shall examine and discharge or commit for trial the accused as provided by law; provided that, if in any such case the accused does not demand a trial by jury on the date of arraignment or within ten days thereafter, the district court may exercise jurisdiction over the case, subject to the right of appeal as provided by law.
(b) The district court shall have concurrent jurisdiction with the family court of any violation of an order issued pursuant to chapter 586 or any violation of section 709-904, 709-905, or 709-906 when multiple offenses are charged and at least one other offense is a criminal offense within the jurisdiction of the district courts. |
Distict Court | Jurisdiction of the courts |
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Hawaii | Haw. Rev. Stat. 602-1 | Supreme Court: How constituted |
The supreme court, pursuant to section 2 of Article VI of the Constitution, shall consist of a chief justice and four associate justices. |
Supreme Court | Creation of the courts |
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Hawaii | Haw. Rev. Stat. § 604-9 | District Courts: Same; powers |
District courts shall have power, subject to appeal according to law and except as otherwise provided in cases in which the accused has the right to and demands a trial by jury in the first instance, to try without a jury, and to render judgment in all cases of criminal offenses coming within their respective jurisdictions.
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Jurisdiction of the courts | |
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Hawaii | Haw. Rev. Stat. 602-5 | Supreme Court: Jurisdiction and powers; filing |
(a) The supreme court shall have jurisdiction and powers as follows: (1) To hear and determine all questions of law, or of mixed law and fact, which are properly brought before it by application for a writ of certiorari to the intermediate appellate court or by transfer as provided in this chapter; (2) To answer, in its discretion, any question of law reserved by a circuit court, the land court, or the tax appeal court, or any question or proposition of law certified to it by a federal district or appellate court if the supreme court shall so provide by rule; (3) To exercise original jurisdiction in all questions arising under writs directed to courts of inferior jurisdiction and returnable before the supreme court, or if the supreme court consents to receive the case arising under writs of mandamus directed to public officers to compel them to fulfill the duties of their offices; and such other original jurisdiction as may be expressly conferred by law; (4) To issue writs of habeas corpus, or orders to show cause as provided by chapter 660, returnable before the supreme court or a circuit court, and any justice may issue writs of habeas corpus or such orders to show cause, returnable as above stated; (5) To make or issue any order or writ necessary or appropriate in aid of its jurisdiction, and in such case, any justice may issue a writ or an order to show cause returnable before the supreme court; and (6) To make and award such judgments, decrees, orders and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to it by law or for the promotion of justice in matters pending before it.
(b) All cases addressed to the jurisdiction of the supreme court or of the intermediate appellate court shall be filed with the clerk of the supreme court as provided by the rules of court. The clerk shall maintain the record of each case whether addressed to the jurisdiction of the supreme court or the jurisdiction of the intermediate appellate court. |
Supreme Court | Jurisdiction of the courts |
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Hawaii | Haw. Rev. Stat. 602-51 | Intermediate Appellate Court: How constituted |
The intermediate appellate court shall consist of a chief judge and five associate judges. The chief judge, who shall be specifically selected, shall supervise the administrative duties of the court. |
Appellate Court | Creation of the courts |
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Hawaii | Haw. Rev. Stat. 602-57 | Intermediate Appellate Court: Jurisdiction |
Notwithstanding any other law to the contrary, the intermediate appellate court shall have jurisdiction, subject to transfer as provided in section 602-58 or review on application for a writ of certiorari as provided in section 602-59: (1) To hear and determine appeals from any court or agency when appeals are allowed by law; (2) To entertain, in its discretion, any case submitted without suit when there is a question of law that could be the subject of a civil action or proceeding in the circuit court, or tax appeal court, and the parties agree upon the facts upon which the controversy depends; and (3) To make or issue any order or writ necessary or appropriate in the aid of its jurisdiction, and in such case, any judge may issue a writ or an order to show cause returnable before the court.
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Appellate Court | Jurisdiction of the courts |
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Hawaii | Haw. Rev. Stat. 603-1 | Judicial circuits |
The State is divided into four judicial circuits, as follows: (1) The first judicial circuit is the island of Oahu and all other islands belonging to the State not hereinafter mentioned; (2) The second judicial circuit includes the islands of Maui, Molokai, Lanai, Kahoolawe, and Molokini; (3) The third judicial circuit is the island of Hawaii; (4) The fifth judicial circuit includes the islands of Kauai and Niihau.
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Circuit courts | Creation of the courts |
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Hawaii | Haw. Rev. Stat. 603-21.5 | General |
(a) The several circuit courts shall have jurisdiction, except as otherwise expressly provided by statute, of:(1) Criminal offenses cognizable under the laws of the State, committed within their respective circuits or transferred to them for trial by change of venue from some other circuit court; (2) Actions for penalties and forfeitures incurred under the laws of the State; (3) Civil actions and proceedings, in addition to those listed in sections 603-21.6, 603-21.7, and 603-21.8; and (4) Actions for impeachment of county officers who are subject to impeachment.
(b) The several circuit courts shall have concurrent jurisdiction with the family court over: (1) Any felony under section 571-14, violation of an order issued pursuant to chapter 586, or a violation of section 709-906 when multiple offenses are charged through complaint or indictment and at least one other offense is a criminal offense under subsection (a)(1); (2) Any felony under section 571-14 when multiple offenses are charged through complaint or indictment and at least one other offense is a violation of an order issued pursuant to chapter 586, a violation of section 709-903.5, 709-904, 709-905, or 709-906, or a misdemeanor under the jurisdiction of section 604-8; (3) Any violation of section 711-1106.4; and (4) Guardianships and related proceedings concerning incapacitated adults pursuant to article V of chapter 560. |
Circuit courts | Jurisdiction of the courts |
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Hawaii | Haw. Rev. Stat. 604-1 | Judicial circuits; district judges; sessions |
There shall be established in each of the judicial circuits of the State a district court with the powers and under the conditions herein set forth, which shall be styled as follows: (1) For the First Judicial Circuit: The District Court of the First Circuit. (2) For the Second Judicial Circuit: The District Court of the Second Circuit. (3) For the Third Judicial Circuit: The District Court of the Third Circuit. (4) For the Fifth Judicial Circuit: The District Court of the Fifth Circuit. There shall be appointed one or more district judges for each judicial circuit. The district court of the first circuit shall consist of fourteen judges, who shall be styled as first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth judge, respectively. One of the district judges shall hear landlord-tenant and small claims matters, provided that when in the discretion of the chief justice of the supreme court the urgency or volume of cases so requires, the chief justice may authorize the judge to substitute for or act in addition to or otherwise in place of any other district judge of the district court of the first circuit. The district court of the second circuit shall consist of three judges, who shall be styled as first, second, and third judge, respectively. The district court of the third circuit shall consist of three judges, who shall be styled as first, second, and third judge, respectively. The district court of the fifth circuit shall consist of two judges who shall be styled as first and second judge, respectively. The chief justice may designate a judge in each circuit as the administrative judge for the circuit. The district courts shall hold sessions at such places in their respective circuits and as often as the respective district judges deem essential to the promotion of justice.
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District courts | Creation of the courts |