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2021 Georgia Code
Title 9 - Civil Practice
Chapter 6 - Extraordinary Writs
Article 2 - Mandamus
§ 9-6-27. Time of Hearing; Notice; How and When Issues of Fact Determined
Universal Citation: GA Code § 9-6-27 (2021)
- Upon the presentation of an application for mandamus, if the mandamus nisi is granted the judge shall cause the same to be returned for trial not less than ten nor more than 30 days from such date. The defendant shall be served at least five days before the time fixed for the hearing.
- If no issue of fact is raised by the application and answer, the case shall be heard and determined by the court without the intervention of a jury.
- If an issue of fact is involved, it may be heard by the judge upon the consent of all parties. Otherwise, the case shall be set for trial upon the first day of the next term of the superior court as other jury cases are tried. However, if the court has a scheduled session for jury trials which will occur before the next term, the case shall stand for trial at the present term.
(Ga. L. 1882-83, p. 103, §§ 1, 2, 4; Civil Code 1895, §§ 4871, 4872, 4873; Civil Code 1910, §§ 5444, 5445, 5446; Code 1933, §§ 64-107, 64-108, 64-109.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Mandamus, §§ 438, 441.
C.J.S.- 55 C.J.S., Mandamus, §§ 319, 332.
ALR.- Summary judgment in mandamus or prohibition cases, 3 A.L.R.3d 675.
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