2021 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 6 - Trials
§ 9-11-40. Time and Place of Trial

1. Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (f)(1)(C) of Code Section 9-11-4, and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice.
2. Trial in chambers. The judges of any courts of record may, on reasonable notice to the parties, at any time and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment any matter or issue where a jury trial is not required or has been waived. However, nothing in this subsection shall authorize the trial of any divorce case by consent or otherwise until after the last day upon which defensive pleadings were required by law to be filed therein.
3. Assignment of cases for trial. The courts shall provide for the placing of actions upon the trial calendar:
   1. Without request of the parties but upon notice to the parties; or
   2. Upon request of a party and notice to the other parties.

      Except for cause, cases shall be placed upon the calendar in chronological order in accordance with filing dates. Precedence shall be given to actions entitled thereto by any statute.

(Ga. L. 1966, p. 609, § 40; Ga. L. 1967, p. 226, § 41; Ga. L. 1968, p. 1104, § 9; Ga. L. 1976, p. 1677, § 1; Ga. L. 1993, p. 91, § 9; Ga. L. 2000, p. 1225, § 4.)

- Number of counsel who may argue case and be heard in conclusion, § 9-10-182.

Ready list, Uniform Superior Court Rules, Rule 8.2.

Trial calendar, Uniform State Court Rules, Rule 8.3.

- Ga. L. 2000, p. 1225, § 8, not codified by the General Assembly, provides that the amendment to this Code section is applicable to civil actions filed on or after July 1, 2000.

- For provisions of Federal Rules of Civil Procedure, Rule 40, see 28 U.S.C.

- For article, "Synopses of 1968 Amendments to the Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B.J. 503 (1968).

ANALYSIS

• General Consideration
• Time of Trial
• Trial in Chambers
• Assignment of Cases for Trial

OPINIONS OF THE ATTORNEY GENERAL

Authority of nonresident superior court judge in chambers.

- Former Code 1933, §§ 24-2613 and 24-2617 (see now O.C.G.A. § 15-6-12), when read in light of former Code 1933, § 24-2616 (see now O.C.G.A. § 15-6-9) and subsection (b) of Ga. L. 1968, p. 1104, § 9 (see now O.C.G.A. § 9-11-40) confers authority on nonresident superior court judge in chambers in the judge's own circuit to hear and determine by interlocutory or final judgment, in accordance with subsection (b), any matter in a case from the originating superior court which arises while the originating superior court is in vacation. 1975 Op. Att'y Gen. No. U75-68.

RESEARCH REFERENCES

Am. Jur. 2d.

- 75 Am. Jur. 2d, Trial, §§ 6, 7, 11, 20, 21, 32, 35 et seq., 121, 122. 75B Am. Jur. 2d, Trial, §§ 1622, 1664.

- 35B C.J.S., Federal Civil Procedure, §§ 976, 977. 88 C.J.S., Trial, § 78 et seq.

- What constitutes bringing an action to trial or other activity in case sufficient to avoid dismissal under state statute or court rule requiring such activity within stated time, 32 A.L.R.4th 840.

Pendency of criminal prosecution as ground for continuance or postponement of civil action involving facts or transactions upon which prosecution is predicated - state cases, 37 A.L.R.6th 511.