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§ 9-6-63.Service of writ and process

Chapter 6. Extraordinary Writs · Article 4. Quo Warranto · Last amended 2000 · Last verified July 17, 2026

In one sentenceThis section defines personal service for a quo warranto case as handing the defendant a copy of the writ and process, requires that method by default, and lets a Georgia resident who is temporarily out of state be served instead under O.C.G.A. § 9-11-4’s publication or out-of-state methods, with the same binding effect.

Full Text of § 9-6-63

Text sizeJump to: (a) (b) (c)

(a) As used in this Code section, the term “personal service” means service by placing a copy of the writ and process in the quo warranto proceeding in the hands of the defendant.
(b) The writ and process in a quo warranto proceeding shall be served on the defendant personally.
(c) Service of the writ and process in such proceeding upon a resident of this state who is temporarily residing or sojourning outside this state may be perfected in the same manner as is provided for service of process by publication as set forth in paragraph (1) of subsection (f) of Code Section 9-11-4 or personal service outside the state as set forth in paragraph (2) of subsection (f) of Code Section 9-11-4. When service is perfected upon any such person as provided for in the aforesaid Code section, then the person shall be bound by the final decision of the proceedings as fully as though the person had been personally served within this state.

Plain-English Summary

Once a quo warranto case starts, someone has to be told about it, and this section spells out how. It defines “personal service” for these proceedings as placing a copy of the writ and process directly in the defendant’s hands, and it makes that method the required way to serve a quo warranto defendant.

Subsection (c) handles a practical wrinkle: what if the defendant is a Georgia resident, but is temporarily living or staying outside the state when the case is filed? Rather than stall the proceeding, the section allows service through the publication method or the out-of-state personal service method described in O.C.G.A. § 9-11-4. A defendant reached that way is bound by the final decision exactly as if served in person inside Georgia.

The result is a service scheme that insists on hand delivery whenever possible, but does not let a defendant’s temporary absence from the state stall a dispute over public office. Because quo warranto often turns on who is running an office right now, the statute avoids building in a service loophole that a traveling officeholder could exploit.

Frequently Asked Questions

How does this section define “personal service” for a quo warranto proceeding?

As service made by placing a copy of the writ and process in the quo warranto proceeding in the defendant’s hands.

Must a quo warranto defendant be served personally?

Yes. Subsection (b) requires that the writ and process in a quo warranto proceeding be served on the defendant personally.

What happens if a Georgia resident defendant is temporarily outside the state when a quo warranto case is filed?

Service may be perfected using the publication method or the out-of-state personal service method set out in O.C.G.A. § 9-11-4, rather than by direct personal service inside Georgia.

Which other code section governs the alternate service methods this section allows for absent residents?

O.C.G.A. § 9-11-4, specifically the publication method in paragraph (1) of subsection (f) and the out-of-state personal service method in paragraph (2) of subsection (f).

Is a defendant served through the alternate method still bound by the outcome of the case?

Yes. The section states that a person served that way is bound by the final decision of the proceedings as fully as if personally served within the state.

Amendment History

Code 1933, § 64-202.1, enacted by Ga. L. 1964, p. 766, § 1; Ga. L. 2000, p. 1225, § 2.

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
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