--- name: ga-pro-se description: > This skill should be used when drafting Georgia court documents for a self-represented (pro se) litigant. Triggers include "represent myself in Georgia", "pro se Georgia court", "I can't afford a lawyer", "fee waiver Georgia", "file without a lawyer in Georgia", "pauper's affidavit Georgia", "I got served and have no attorney". Covers the rights and limits of self-representation in Georgia, how to read the summons and tell whether the case is in Superior, State, or Magistrate Court, the 30-day answer clock, the pauper's affidavit for fee waiver under O.C.G.A. § 9-15-2, where to find Georgia self-help resources, the pro se signature block under O.C.G.A. § 9-11-11, and courtroom etiquette and candor. Pro se litigants are held to the same procedural rules as licensed attorneys. version: 0.1.0 --- # Pro Se Drafting for Georgia > **NOT LEGAL ADVICE.** This skill is a drafting aid for > self-represented litigants, not legal advice and not a substitute > for counsel. For complex matters, or matters with substantial sums > at stake, consider consulting a licensed Georgia attorney. Verify > every rule, deadline, and citation against current law before > filing. Use this skill in addition to `ga-statewide-format` whenever the filer is unrepresented. Georgia uses the terms "pro se" and "self-represented" interchangeably. ## The right to self-represent — and its limits A natural person may appear and act in their own behalf in any Georgia court. But two structural limits matter at the outset: 1. **Held to the same rules.** A pro se litigant is bound by the same procedural rules — the Civil Practice Act (O.C.G.A. Title 9, Chapter 11), the Uniform Superior Court Rules (USCR), and the applicable evidence rules — as a licensed attorney. Courts do not relax deadlines, pleading requirements, or service rules because a party has no lawyer. Missing the answer deadline, failing to respond to requests for admission, or skipping the certificate of service produces the same consequences for a pro se party as for an attorney. 2. **Cannot represent others or an entity.** Self-representation covers the individual only. A corporation, LLC, or other artificial entity generally must appear through a licensed attorney — except in Magistrate Court, where an officer or authorized employee may represent the entity under the informal-procedure rules (O.C.G.A. §§ 15-10-40 through 15-10-53). One spouse cannot file for the other; a parent cannot file pro se on behalf of an adult child. The practical takeaway: a pro se filing must clearly **name the relief sought**, **cite the rule or statute** under which that relief is available, **state facts** supporting each element, and **conclude with a signature** (and, where the action requires it, a verification). ## Reading the summons — which court are you in? The single most important first step is identifying the court and the deadline. Read the caption of the **summons** and the **complaint**: - **Court name** appears at the top: "IN THE SUPERIOR COURT OF ________ COUNTY", "IN THE STATE COURT OF ________ COUNTY", or "IN THE MAGISTRATE COURT OF ________ COUNTY." - **County** fixes venue and the clerk's office where you file. - **File number** is the case number you must put on every paper. Georgia's trial courts split by **subject matter**, not by dollar amount above the Magistrate cap: | Court | What it hears | Answer clock | |---|---|---| | **Superior Court** (O.C.G.A. § 15-6-8) | General jurisdiction; **exclusive** over divorce, equity, title to land, and felonies | 30 days (CPA) | | **State Court** (O.C.G.A. § 15-7-4) | Civil actions of **any amount** except the Superior-exclusive subjects; most debt-collection and tort suits land here in counties that have a State Court | 30 days (CPA) | | **Magistrate Court** (O.C.G.A. § 15-10-2) | Civil claims up to **$15,000** (§ 15-10-2(5)); dispossessory (no cap on dispossessory money judgments); garnishment within the cap | Per the magistrate summons (informal procedure) | Because most counties with high filing volume (Fulton, Cobb, Gwinnett) have all three trial courts, do not assume a debt or tort case is in Superior Court just because the amount is large — it is usually in State Court. See `ga-state-court`, `ga-magistrate`, and the venue skills. ## The 30-day answer clock Under O.C.G.A. § 9-11-12(a), the defendant must serve an **answer within 30 days** after service of the summons and complaint (except as otherwise provided). Count carefully — see `ga-deadlines` for time computation and Georgia legal holidays. Two safety valves if the deadline is missed: - **Open default as of right.** Under O.C.G.A. § 9-11-55(a), a default may be opened **as a matter of right within 15 days** of the default by filing the answer and paying costs. - **Open default by motion.** After the 15-day window, the court may open a default under O.C.G.A. § 9-11-55(b) on a showing of providential cause, excusable neglect, or a proper case, on the four statutory conditions. Do not rely on these as a substitute for answering on time. ## Pauper's affidavit — fee waiver under O.C.G.A. § 9-15-2 A filer who cannot afford court costs may proceed without prepayment by filing a **pauper's affidavit** (affidavit of indigence) under **O.C.G.A. § 9-15-2**. Key points: - The affidavit states, under oath, that because of indigence the party is **unable to pay the costs**. Filed with the initial paper, it lets the clerk docket the case without prepayment of filing fees. - Any party at interest, or the clerk, may **contest the affidavit**; the court then holds a hearing and decides whether the affiant is in fact unable to pay. If the contest succeeds, the filer must pay costs or the matter does not proceed. - A fee waiver covers court filing costs; it does not automatically pay for a private process server or other out-of-pocket litigation expenses — confirm scope with the clerk. Submit the affidavit **with** the first filing rather than paying and seeking a later refund. ## Signature block — "Pro Se", no Bar number Georgia attorneys sign under their **State Bar of Georgia** number per O.C.G.A. § 9-11-11. A pro se filer **omits the Bar number** and replaces it with a clear self-represented designation: ``` Respectfully submitted, this ___ day of __________, 20__. ____________________________ Jane Q. Doe [Street address] [City, GA ZIP] Phone: (###) ###-#### Email: jane@example.com Defendant, Pro Se ``` Use **"Pro Se"** on the last line, tracking the filer's role ("Plaintiff, Pro Se"; "Defendant, Pro Se"; in divorce/family matters, "Petitioner, Pro Se" or "Respondent, Pro Se"). Note that O.C.G.A. § 9-11-11 imposes no general verification requirement on ordinary pleadings — verification is required only for specified actions (some equitable and extraordinary proceedings). ## Service — the pro se filer's responsibility A pro se plaintiff cannot personally serve their own defendant. - **Service of process** (the summons + complaint) follows **O.C.G.A. § 9-11-4** — personal service, service on an agent, the statutory methods including publication under § 9-11-4(f), or acknowledgment/ waiver under § 9-11-4.1. Use the **sheriff** or a court-appointed process server. - **Service of subsequent papers** follows **O.C.G.A. § 9-11-5**, and every filed paper must carry a **certificate of service**. See `ga-statewide-format` for the certificate template. ## Georgia self-help resources - **georgiacourts.gov** — the Judicial Council/Administrative Office of the Courts site, with statewide self-help materials and the e-filing court map (georgiacourts.gov/efile-court-records). - **Georgia Legal Aid (georgialegalaid.org)** — plain-language guides, forms, and legal-aid referral by county. - **County law libraries** — most populous counties operate a public law library at or near the courthouse with statutes, USCR, and form-books. - **Georgia Child Support Commission calculator** — the official online Child Support Worksheet calculator for any case involving child support (see `ga-family-law`). - **Court clerks and self-help kiosks** — clerks can explain procedure and accept filings but cannot give legal advice. ## Etiquette and candor - **Candor to the tribunal.** Do not misstate facts or law. A pro se litigant who misrepresents the record risks sanctions and loss of credibility. - **Courtroom conduct.** Address the judge as "Your Honor," stand when speaking, do not interrupt, and arrive early. See `ga-hearings` for oral-argument and courtroom protocol. - **When to get counsel.** Divorce with contested custody or significant assets, suits with large exposure, and anything with a looming statute-of-limitations or default consequence warrant at least a consultation with a licensed Georgia attorney. ## Common pro se pitfalls in Georgia 1. **Filing in the wrong court** — putting a debt or tort case in Superior Court when the county's State Court is the right forum, or misjudging the $15,000 Magistrate cap. 2. **Missing the 30-day answer deadline** and not acting within the 15-day open-default-as-of-right window under § 9-11-55(a). 3. **Ignoring requests for admission** — under O.C.G.A. § 9-11-36, unanswered requests are **deemed admitted**. See `ga-discovery`. 4. **Omitting the certificate of service** required by § 9-11-5. 5. **Paying fees the filer can't afford** instead of filing the § 9-15-2 pauper's affidavit with the first paper. ## Composition - For statewide format: `ga-statewide-format` - For the specific court: `ga-fulton`, `ga-cobb`, `ga-gwinnett`, `ga-state-court`, `ga-magistrate`, `ga-county-courts` - For motion drafting: `ga-draft-motion` - For deadline computation: `ga-deadlines` - For citation verification: `ga-fact-check` - For setting a hearing: `ga-schedule-hearing` ## References - `references/pro-se-rights-and-limits.md` — self-representation rights, entity-representation limits, candor duties - `references/pauper-affidavit.md` — O.C.G.A. § 9-15-2 fee-waiver mechanics and the contest procedure - `references/self-help-resources.md` — georgiacourts.gov, Georgia Legal Aid, county law libraries, the Child Support calculator