2022 Georgia Code
Title 9 - Civil Practice
Chapter 4 - Declaratory Judgments
§ 9-4-5. Filing and Service; Time of Trial; Drawing of Jury
A proceeding instituted under this chapter shall be filed and served as are other cases in the superior courts of this state or in the Georgia State-wide Business Court; provided, however, that a proceeding instituted in the probate court pursuant to paragraph (1) of subsection (a) of Code Section 15-9-127 shall be filed and served in the manner provided for proceedings in the probate courts of this state in Chapter 11 of Title 53. A proceeding instituted under this chapter may be tried at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. If there is an issue of fact that requires a submission to a jury, the jury may be drawn, summoned, and sworn either in regular term or specially for the pending case.
History. Ga. L. 1945, p. 137, § 4; Ga. L. 2019, p. 845, § 3-2/HB 239; Ga. L. 2020, p. 377, § 2-5/HB 865.
The 2019 amendment, effective May 7, 2019, inserted “or in the Georgia State-wide Business Court” in the middle of the first sentence of this Code section.
The 2020 amendment, effective January 1, 2021, substituted “; provided, however, that a proceeding instituted in the probate court pursuant to paragraph (1) of subsection (a) of Code Section 15-9-127 shall be filed and served in the manner provided for proceedings in the probate courts of this state in Chapter 11 of Title 53. A proceeding instituted under this chapter” for “and” and substituted “that requires” for “which requires” in the last sentence.
Law reviews.
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).
