If any sheriff, clerk, or other officer fails to discharge any duty required of him by any provision of Title 5, upon petition the appellate court or the superior, state, or city court, as the case may be, may compel the performance of such duty by mandamus. No party shall lose any right by reason of the failure of the officer to discharge his duties when the party has been guilty of no fault himself and has exercised ordinary diligence to secure the discharge of such duties.
§ 9-6-22.Enforcement of officer’s duties under Title 5
Chapter 6. Extraordinary Writs · Article 2. Mandamus · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section lets the appellate court or the superior, state, or city court compel by mandamus a sheriff, clerk, or other officer to perform a duty required under Title 5, while protecting a diligent, non-negligent party from losing rights because the officer failed to act.
Full Text of § 9-6-22
Plain-English Summary
Georgia’s appellate practice depends on clerks and sheriffs handling their part of the process — transmitting records, serving papers, and the like. This section gives a party stuck waiting on one of those officers a way to force the issue: mandamus, sought in the appellate court or the superior, state, or city court, whichever fits the situation.
The remedy is tied to duties an officer owes under Title 5, Georgia’s appellate practice title. If a sheriff, clerk, or other officer will not do what that title requires, the party affected can petition the appropriate court to compel performance.
The section then adds a safeguard that matters as much as the mandamus remedy itself: a party is not to lose any right because an officer dropped the ball, as long as the party himself was not at fault and used ordinary diligence to try to get the officer to act. That protects a diligent litigant from being penalized for someone else’s failure.
Frequently Asked Questions
What Georgia officers does this section cover?
It covers any sheriff, clerk, or other officer who fails to discharge a duty required of him under any provision of Title 5.
What body of law are these officers’ duties tied to?
Title 5 of the Georgia Code, which governs appellate practice.
What courts can compel performance of these duties by mandamus?
The appellate court or the superior, state, or city court, as the case may be.
What protection does this section give a party who was not at fault?
No party shall lose any right by reason of the officer’s failure to discharge his duties, provided the party was guilty of no fault himself.
What must a party show to claim that protection?
The party must show he was guilty of no fault himself and exercised ordinary diligence to secure the discharge of the officer’s duties.
Amendment History
Laws 1845, Cobb’s 1851 Digest, p. 450.; Code 1863, § 4172; Code 1868, § 4204; Code 1873, § 4264; Code 1882, § 4264; Civil Code 1895, § 5555; Civil Code 1910, § 6169; Code 1933, § 6-918.
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: georgia mandamus clerk sheriff dutytitle 5 officer duties mandamus georgiacompel officer perform duty georgiaappellate practice mandamus georgia