OCGA 16-13-49 Interpretation

In State v. Henderson, 263 Ga. 508, 510-511 (436 SE2d 209) (1993), the Supreme Court of Georgia held that use of the word "must" in OCGA 16-13-49 (o) (5) renders the requirement of a hearing within 60 days mandatory, absent a continuance for good cause. See also Blanks v. State of Ga., 240 Ga. App. 175, 176 (1) (522 SE2d 770) (1999) ("Pursuant to OCGA 16-13-49 (o) (5), a hearing is mandatory within the 60-day period after service of the complaint, unless 'continued for good cause seek a continuance of a hearing, it is the duty of the state to obtain a continuance if it does not invoke a hearing within the 60-day period or otherwise avoid the necessity of the hearing, e.g., by obtaining a dismissal of an answer. of course, the trial court may continue the hearing on its own, for good cause, without a motion by either party.'") The Supreme Court of Georgia also noted in Henderson: Although a respondent in a forfeiture proceeding may seek a continuance of a hearing, it is the duty of the state to obtain a continuance if it does not invoke a hearing within the 60-day period or otherwise avoid the necessity of the hearing, e.g., by obtaining a dismissal of an answer. of course, the trial court may continue the hearing on its own, for good cause, without a motion by either party.263 Ga. at 511 n.7.