2021 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 5 - Trial Juries
Part 1 - In General
§ 15-12-135. Disqualification for Relationship to Interested Party

1. All trial jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the third degree as computed according to the civil law. Relationship more remote shall not be a disqualification.
2. Notwithstanding subsection (a) of this Code section, any juror, irrespective of his relationship to a party to the case or his interest in the case, shall be qualified to try any civil case when there is no defense filed unless one of the parties to the case objects to the related juror.

(Ga. L. 1933, p. 187, § 1; Code 1933, § 59-716; Ga. L. 1935, p. 396, § 1; Ga. L. 2016, p. 242, § 6/SB 262.)

The 2016 amendment, effective July 1, 2016, substituted "third degree" for "sixth degree" near the end of the first sentence of subsection (a).

- For comment on Williams v. State, 206 Ga. 107, 55 S.E.2d 589 (1949), see 12 Ga. B.J. 326 (1950).

ANALYSIS

• General Consideration
• Disqualifying Relationships
• Pleading and Practice

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 254 et seq.

- 50A C.J.S., Juries, §§ 381, 382.

- Service on jury in prosecution for selling intoxicating liquor as disqualification as juror in similar case, 3 A.L.R. 1206.

Disqualifying relationship by affinity in case of judge or juror as affected by dissolution of marriage, 117 A.L.R. 800.

Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.

Juror's relationship to witness, in civil case, as ground of disqualification or for reversal or new trial, 85 A.L.R.2d 851.

Disclosure in criminal case of juror's political, racial, religious, or national origin prejudice against accused or witnesses as ground for new trial or reversal, 91 A.L.R.2d 1120.

Social or business relationship between proposed juror and nonparty witness as affecting former's qualification as juror, 11 A.L.R.3d 859.

Juror's voir dire denial or nondisclosure of acquaintance or relationship with attorney in case, or with partner or associate of such attorney, as ground for new trial or mistrial, 64 A.L.R.3d 126.

Competency of juror as affected by his membership in co-operative association interested in the case, 69 A.L.R.3d 1296.

Similarity of occupation between proposed juror and alleged victim of crime as affecting juror's competency, 71 A.L.R.3d 974.

Professional or business relations between proposed juror and attorney as ground for challenge for cause, 52 A.L.R.4th 964.

Fact that juror in criminal case, or juror's relative or friend, has previously been victim of criminal incident as ground of disqualification, 65 A.L.R.4th 743.