COURT PROCEDURES

Atlanta City Code pt. II, ch. 62, art. II, div. 2

in effect

Atlanta City Code § 62-56 Rules of practice.

Sec. 62-56. - Rules of practice. In general, the municipal court shall be controlled by the rules of practice governing the superior court, so far as they are applicable to the municipal courts, and by a sound construction of the Charter and related laws and this Code and ordinances of the city. The rules of evidence and examination of witnesses shall be the same as in the superior courts, so far as these rules are applicable to the case on trial. (Code 1977, § 3-1070)

Atlanta City Code § 62-57 Correct docketing required.

Sec. 62-57. - Correct docketing required. All cases in the municipal court must be docketed in the correct name of the accused and shall correctly describe the offense charged. The docketing of a defendant under a false or assumed name or under a false charge shall be sufficient ground for the removal of any officer guilty thereof who has any knowledge of the true name or the true charge. (Code 1977, § 3-1075)

Atlanta City Code § 62-58 Trying person under fictitious name; accepting plea of guilty in the accused's absence.

Sec. 62-58. - Trying person under fictitious name; accepting plea of guilty in the accused's absence. (a) It shall be unlawful for the municipal judge to try a person under a feigned name, if the municipal judge has reason to believe a fraud is being practiced on the court and the public, by the use thereof and concealment of the true name. (b) Upon the request of an accused who has made in writing, a knowing, intelligent and voluntary waiver of his right to be present, the municipal judge may entertain a plea of guilty in the absence of the accused. (c) Violation of this section by the municipal judge shall be sufficient cause for removal from office. (Code 1977, § 3-1076; Ord. No. 2005-12, § 1, 2-28-05)

Atlanta City Code § 62-59 Stenographic report of testimony required for trial of member of department of police.

Sec. 62-59. - Stenographic report of testimony required for trial of member of department of police. If any member of the department of police is arraigned before the municipal judge on a charge of violating any state law or any section of this Code or any city ordinance, the police chief is required to have the testimony adduced at the trial stenographically reported. A copy of the evidence shall be furnished to the police chief. The taking down and reporting of these proceedings shall be done by a stenographer employed by the department of police at no additional expense to the city. (Code 1977, § 3-1077)

Atlanta City Code § 62-60 Issuance of summons.

Sec. 62-60. - Issuance of summons. Any member of the department of police, the solicitor of the municipal court and the assistant solicitor, in all cases where a complaint is made or information is obtained of any violation of any of this Code or other laws or ordinances of the city, shall issue a summons, directed to the accused, requiring the accused to appear before the municipal court to answer this charge. The summons shall designate the time and place of trial and shall be signed by the member of the department of police, solicitor or assistant solicitor issuing it and a copy thereof shall be served upon the accused either personally or by leaving the copy at the accused's place of residence. (Code 1977, § 3-1062)

Atlanta City Code § 62-61 Issuance of warrants upon complaint.

Sec. 62-61. - Issuance of warrants upon complaint. Any person witnessing a violation of this Code or a city ordinance by another person may appear before a judge of a municipal court, the solicitor or the solicitor's assistant and there swear out a complaint for the violation. Upon the signing of this complaint, under oath by the complainant, a warrant may be issued by the municipal court judge directed to the alleged violator to be and appear in the court to answer the charges as contained in the complaint. However, if the prosecution is abandoned before trial, the officer who issued the warrant shall enter a judgment against the prosecutor for costs in the amount of $25.00 and enforce it by an execution in the name of the city or by an attachment for contempt. The term "prosecutor" shall not include the city solicitor or the solicitor's assistant. (Code 1977, § 3-1063)

Atlanta City Code § 62-62 Service of summons by revenue collection administrator.

Sec. 62-62. - Service of summons by revenue collection administrator. The revenue collection administrator is authorized and empowered to serve a summons requiring a person to appear and answer before the municipal court, the same as police officers, the solicitor and assistant solicitor are so authorized. This service shall be as legal and binding upon the party receiving it as though the party were served by a member of the department of police. (Code 1977, § 3-1064)

Atlanta City Code § 62-63 Failing to appear to answer summons.

Sec. 62-63. - Failing to appear to answer summons. It shall be unlawful for any defendant lawfully summoned to answer charges in the municipal court to either fail, neglect or refuse to appear at the time and place specified in the summons or fail to provide a satisfactory explanation for this absence. The trial may be continued to such time as the municipal court may direct, and the court shall issue an order requiring the police chief, or other members of the department of police to arrest the defendant and bring the defendant before the court to answer both the initial charges and the charge for failing to appear at trial. The chief of corrections shall keep the defendant in custody until the defendant is brought before the court, unless the defendant posts bond for appearance, as provided by law. (Code 1977, § 3-1065; Ord. No. 2002-71, § 71, 9-16-02)

Atlanta City Code § 62-64 Rights of accused.

Sec. 62-64. - Rights of accused. In addition to all rights secured by other laws, any person charged with an offense against this Code or other ordinances of the city shall be informed by summons in writing served on such person of the nature of the cause of the accusation; shall have compulsory process for obtaining witnesses in such person's behalf; shall have a speedy trial before the municipal judge; shall be confronted with the witnesses against such person and have the privilege of cross examination, as in the superior courts of the state; and shall have the privilege of defending, by counsel or by such person or both, as to such person shall seem proper. No person shall be condemned, fined or punished without full opportunity of being heard in such person's own defense. Additionally, any proven indigent shall be ensured the opportunity of being defended by the public defender or an assistant public defender. (Code 1977, § 3-1066)

Atlanta City Code § 62-65 Issuance of subpoenas.

Sec. 62-65. - Issuance of subpoenas. Whenever the attendance of any witness may be required before the municipal court to establish any fact, the clerk of the municipal court shall issue a subpoena directed to the witness, stating the time and place of trial and the parties to the case, which shall be served as other process by the police chief or other police officers. (Code 1977, § 3-1067)

Atlanta City Code § 62-66 Witness failing or refusing to obey subpoena.

Sec. 62-66. - Witness failing or refusing to obey subpoena. If any person lawfully summoned as a witness before the municipal court shall either fail, neglect or refuse to attend the trial for which the person has been summoned or fail to provide a satisfactory explanation for this absence, the person may be cited for contempt and be fined in a sum not to exceed $50.00. If the cause is continued because of the absence of this person, the court may issue attachment against the person requiring the person to show cause on the day appointed for trial why the person should not be cited for contempt. The police chief or other police officer shall, by virtue of the attachment, arrest the person and keep the person in custody until the person is brought before the court, unless the person posts bond for appearance, as provided by law. (Code 1977, § 3-1068)

Atlanta City Code § 62-67 Interference with witnesses.

Sec. 62-67. - Interference with witnesses. It shall be unlawful for any person, in any case pending or about to be made in the municipal court, by threats, intimidation, persuasion, payment, gift or promise of money or other things of value or by any other means whatever used toward a witness or any other person, to: (1) Prevent or attempt to prevent a witness from appearing or from testifying to the whole truth; (2) Induce or attempt to induce any witness to testify falsely or to change testimony; (3) Interfere or attempt to interfere in any way with any witness; or (4) In any way suppress or conceal or attempt to suppress or conceal any testimony in that case for the purpose of controlling or influencing the result thereof. (Code 1977, § 3-1069)

Atlanta City Code § 62-68 Continuances generally.

Sec. 62-68. - Continuances generally. Where the ends of justice may require, all cases in the municipal court may be continued. However, in ruling upon requests for continuances, the judge shall use sound discretion in applying the general rules governing continuances. (Code 1977, § 3-1071)

Atlanta City Code § 62-69 Motions for continuances.

Sec. 62-69. - Motions for continuances. All motions in the municipal court for the continuance of any case when the defendant is at liberty on bond shall be made by the defendant, the defendant's attorney at law or the defendant's attorney in fact in the court having jurisdiction and at the time the defendant is scheduled for trial. Whether a motion to continue a case shall be entertained except in open court and on the day set for a trial shall be left to the sound discretion of the judge. (Code 1977, § 3-1072)

Atlanta City Code § 62-70 Procedure where evidence indicates person other than defendant has violated ordinance.

Sec. 62-70. - Procedure where evidence indicates person other than defendant has violated ordinance. If on the trial of any case in the municipal court it appears that any other person besides the one on trial has violated a law or ordinance of the city, that person may then and there be tried, unless the case is continued for legal cause. (Code 1977, § 3-1073)

Atlanta City Code § 62-71 Contempt.

Sec. 62-71. - Contempt. Any person who, during a sitting of the municipal court, shall be guilty of a contempt of court or who refuses to abide by an order of the court or sentence shall be punished as provided in state law for contempt against the superior courts of this state. (Code 1977, § 3-1073)

Source: City of Atlanta, Code of Ordinances (Charter and Related Laws, General Ordinances, Land Development Code) (Municode Library, library.municode.com)URL: https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=PTIICOORENOR_CH62CO_ARTIIMUCO_DIV2COPRFetched: 10/28/2026