(a) The Administrative Office of the Courts shall, with the approval of the Supreme Court, promulgate and from time to time amend as necessary a form or forms for use by inmates of state and local penal and correctional institutions in actions against the state and local governments and government agencies and officers. In addition to any other appropriate provisions, such form or forms shall clearly identify the nature of the action, the subject matter and disposition of all previous actions filed against any unit or officer of government by the inmate during his incarceration, the law and facts on which the action is based, the parties to be served, the parties against whom relief is requested, and the specific relief requested against each party. If an affidavit of indigency accompanies the pleading, it shall include a sworn financial statement which shall include but not be limited to any custodial account of the inmate with the institution wherein he is incarcerated.
§ 9-10-14.Promulgation of form for use by inmates in actions against government
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1985 · Last verified July 17, 2026
In one sentenceThe Administrative Office of the Courts, with Supreme Court approval, must create a standard form that inmates use to sue state or local governments, detailing the claim, prior suits, and relief sought, and no clerk may accept such a filing unless it uses that form, with indigency affidavits requiring institutional certification of the inmate’s custodial account funds.
Full Text of § 9-10-14
(b) No clerk of any court shall accept for filing any action by an inmate of a state or local penal or correctional institution against the state or a local government or against any agency or officer of state or local government unless the complaint or other initial pleading is on a form or forms promulgated by the Administrative Office of the Courts and such form or forms are appropriately and legibly completed. Any inmate filing such an action may submit with the complaint or other initial pleading any additional matter in any form if the pleading includes the form or forms required by this Code section. If the pleading is accompanied by an affidavit of indigency, the clerk shall not accept the pleading for filing unless the pleading is also accompanied by a certification from the institution wherein the inmate is incarcerated that the financial statement correctly states the amount of funds in any and all custodial accounts of the inmate with the institution.
(c) Upon request of an inmate or the order of a court wherein an inmate has filed an action subject to this Code section, the officials in charge of a state or local institution may remit to the court amounts from an inmate’s custodial account for payment of court costs, deposits, or filing fees. Such officials shall upon request of an inmate provide the certification required by subsection (b) of this Code section.
(d) The Administrative Office of the Courts shall cause to be printed such number of the forms provided for in this Code section as is necessary to furnish such forms to attorneys and to the Department of Corrections and local penal and correctional institutions for use by their inmates. Such forms shall be distributed to such institutions by the Administrative Office of the Courts without cost, and such forms shall be provided in reasonable numbers to inmates without cost. The cost of printing and distributing such forms shall be paid from funds appropriated to the judicial branch of government.
Plain-English Summary
Inmates suing the government file a lot of cases, and this section channels those filings through a standard form so courts can process them efficiently. The Administrative Office of the Courts, with the Supreme Court’s approval, designs and updates that form, which has to spell out the nature of the claim, every prior lawsuit the inmate has filed against a government unit or officer during the incarceration, the facts and law behind the current claim, who needs to be served, and exactly what relief is sought from each party.
Clerks act as gatekeepers. A clerk cannot accept an inmate’s suit against the state, a local government, or a government agency or officer unless the complaint is filed on the required form and filled out properly, though the inmate can attach additional material as long as the form itself is included. If the inmate claims indigency, the clerk also needs a certification from the inmate’s institution confirming what the sworn financial statement says about the inmate’s custodial account.
The section also handles the money side. Courts or inmates can ask the institution to pay court costs, deposits, or filing fees directly out of the inmate’s custodial account, and institutions must provide the certification the process requires. The Administrative Office of the Courts prints and distributes the forms free of charge to institutions and attorneys, with the printing costs coming out of the judicial branch’s budget.
Frequently Asked Questions
Who creates the form inmates must use to sue the government?
The Administrative Office of the Courts, with the approval of the Supreme Court, promulgates and periodically amends the form.
What must the form identify?
The nature of the action, the subject matter and disposition of all previous actions the inmate filed against any government unit or officer during incarceration, the law and facts the action is based on, the parties to be served, and the specific relief requested against each party.
Can a clerk accept an inmate’s lawsuit against the government without the required form?
No, no clerk may accept such a filing unless the complaint or initial pleading is on the promulgated form and it is appropriately and legibly completed.
What extra step applies if the inmate files an affidavit of indigency?
The clerk cannot accept the pleading unless it is accompanied by a certification from the inmate’s institution confirming the financial statement correctly states the funds in the inmate’s custodial accounts.
Can court costs be paid straight from an inmate’s institutional account?
Yes, upon the inmate’s request or a court order, institution officials may remit amounts from the inmate’s custodial account to the court for costs, deposits, or filing fees.
Amendment History
Code 1981, § 9-10-14, enacted by Ga. L. 1985, p. 883, § 1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: inmate lawsuit form georgia governmentprisoner suing state georgia procedureindigency affidavit inmate custodial account georgiaadministrative office of the courts inmate form