2021 Georgia Code
Title 9 - Civil Practice
Chapter 4 - Declaratory Judgments
§ 9-4-2. Declaratory Judgments Authorized; Force and Effect

1. In cases of actual controversy, the respective superior courts of this state and the Georgia State-wide Business Court shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.
2. In addition to the cases specified in subsection (a) of this Code section, the respective superior courts of this state and the Georgia State-wide Business Court shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for the declaration, whether or not further relief is or could be prayed, in any civil case in which it appears to the court that the ends of justice require that the declaration should be made; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.
3. Relief by declaratory judgment shall be available, notwithstanding the fact that the complaining party has any other adequate legal or equitable remedy or remedies.

(Ga. L. 1945, p. 137, § 1; Ga. L. 1959, p. 236, § 1; Ga. L. 1982, p. 3, § 9; Ga. L. 2019, p. 845, § 3-1/HB 239.)

The 2019 amendment, effective May 7, 2019, inserted "and the Georgia State-wide Business Court" near the middle of subsections (a) and (b).

- Actions for declaratory judgment regarding validity of agency rules, § 50-13-10.

- For article, "The Civil Jurisdiction of State and Magistrate Courts," see 24 Ga. St. B.J. 29 (1987). For article, "Tracing Georgia's English Common Law Equity Jurisprudential Roots: Quia Timet," see 14 The Journal of Southern Legal History 135 (2006). For survey article on real property law, see 67 Mercer L. Rev. 193 (2015). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).

ANALYSIS

• General Consideration
• Applicability to Specific Cases
• State Patrol Officer Entitled to Sovereign Immunity.

RESEARCH REFERENCES

Am. Jur. 2d.

- 22A Am. Jur. 2d, Declaratory Judgments, §§ 9, 11, 17, 21, 50.

8A Am. Jur. Pleading and Practice Forms, Declaratory Judgments, § 2.

- 26 C.J.S., Declaratory Judgments, §§ 5 et seq., 16 et seq., 49 et seq., 54 et seq., 147 et seq., 163 et seq.

- Uniform Declaratory Judgments Act (U.L.A.) § 1.

- Declaration of rights or declaratory judgments, 12 A.L.R. 52; 19 A.L.R. 1124; 50 A.L.R. 42; 68 A.L.R. 110; 87 A.L.R. 1205; 114 A.L.R. 1361; 142 A.L.R. 8.

Decree or order which merely declares rights of parties without an express command or prohibition as basis of contempt proceeding, 29 A.L.R. 134.

Remedy or procedure to make effective rights established by declaratory judgment, 101 A.L.R. 689.

Questions or controversy between public officers as within contemplation of Declaratory Judgment Act, 103 A.L.R. 1094.

Right to quiet title or remove cloud on title to personal property by suit in equity or under Declaratory Judgment Act, 105 A.L.R. 291.

Determination of constitutionality of statute or ordinance, or proposed statute or ordinance, as proper subject of judicial decision under Declaratory Judgment Act, 114 A.L.R. 1361.

Jurisdictional amount in its relation to suit for declaratory judgment, 115 A.L.R. 1489.

Action under Declaratory Judgment Act to test validity or effect of a decree of divorce, 124 A.L.R. 1336.

Original availability to wrongdoer of remedy under Declaratory Judgment Act as affecting defense of laches, mitigation of damages, or other equitable defenses in subsequent suit against him, 131 A.L.R. 791.

Tax questions as proper subject of action for declaratory judgment, 132 A.L.R. 1108; 11 A.L.R.2d 359.

Jurisdiction of declaratory action as affected by pendency of another action or proceeding, 135 A.L.R. 934.

Doctrine of in pari delicto as applicable to suits for declaratory relief, 141 A.L.R. 1427.

Application of Declaratory Judgment Act to questions in respect of insurance policies, 142 A.L.R. 8.

Statute of limitations or doctrine of laches in relation to declaratory actions, 151 A.L.R. 1076.

Validity and effect of former judgment or decree as proper subject for consideration in declaratory action, 154 A.L.R. 740.

May declaratory and coercive or executory relief be combined in action under Declaratory Judgment Act, 155 A.L.R. 501.

Application of Declaratory Judgment Act to questions in respect of contracts or alleged contracts, 162 A.L.R. 756.

Release as proper subject of action for declaratory judgment, 167 A.L.R. 433.

Labor dispute as proper subject of declaratory action, 170 A.L.R. 421.

Custody of child as proper subject of declaratory action, 170 A.L.R. 521.

Right to declaratory relief as affected by existence of other remedy, 172 A.L.R. 847.

Determination of seniority rights of employee as proper subject of declaratory suit, 172 A.L.R. 1247.

"Actual controversy" under declaratory judgment statute in zoning and building restriction cases, 174 A.L.R. 853.

Declaratory or advisory relief respecting future interest, 174 A.L.R. 880.

Relief against covenant restricting right to engage in business or profession, as subject of declaratory judgment, 10 A.L.R.2d 743.

Declaratory relief with respect to unemployment compensation, 14 A.L.R.2d 826.

Burden of proof in actions under general declaratory judgment acts, 23 A.L.R.2d 1243.

Issue as to negligence as a proper subject of declaratory judgment action, 28 A.L.R.2d 957.

Partnership or joint-venture matters as subject of declaratory judgment, 32 A.L.R.2d 970.

Availability of declaratory judgment to determine validity of lease of real property, 60 A.L.R.2d 400.

Declaratory judgment, during lifetime of spouses, as to construction of antenuptial agreement dealing with property rights of survivor, 80 A.L.R.2d 941.

Validity, construction and application of criminal statutes or ordinances as proper subject for declaratory judgment, 10 A.L.R.3d 727.

Availability and scope of declaratory judgment actions in determining rights of parties, or powers and exercise thereof by arbitrators, under arbitration agreements, 12 A.L.R.3d 854.

Propriety of state court's grant or denial of application for pre-action production or inspection of documents, persons, or other evidence, 12 A.L.R.5th 577.