Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-4-1 Purpose and construction of chapter
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The purpose of this chapter is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and this chapter is to be liberally construed and administered. History. Ga. L. 1945, p. 137, § 13.
O.C.G.A. § 9-4-10 Equity jurisdiction not impaired
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Nothing in this chapter is intended to impair the equity jurisdiction of the superior courts of the state or of the Georgia State-wide Business Court. History. Ga. L. 1945, p. 137, § 10; Ga. L. 2019, p. 845, § 3-3/HB 239.
O.C.G.A. § 9-4-11 Combining proceedings in probate court
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A declaratory judgment proceeding brought in the probate court as provided in paragraph (1) of subsection (a) of Code Section 15-9-127 may be combined with or made a part of any proceeding properly before the probate court to the greatest extent that does not infringe the exclusi…
O.C.G.A. § 9-4-2 Declaratory judgments authorized; force and effect
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(a) 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 decla…
O.C.G.A. § 9-4-3 Further relief; interlocutory extraordinary relief to preserve status quo
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(a) Further plenary relief, legal or equitable, including but not limited to damages, injunction, mandamus, or quo warranto, may be sought in a petition seeking declaratory judgment, and in such case, the action shall be governed as to process, service, and procedure by Code Sect…
O.C.G.A. § 9-4-4 Declaratory judgments involving fiduciaries
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(a) Without limiting the generality of Code Sections 9-4-2, 9-4-3, 9-4-5 through 9-4-7, and 9-4-9, any person interested as or through an executor, administrator, personal representative, trustee, guardian, conservator, or other fiduciary, creditor, devisee, distributee, legatee, …
O.C.G.A. § 9-4-5 Filing and service; time of trial; drawing of jury
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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…
O.C.G.A. § 9-4-6 Submission of fact issues to jury
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When a declaration of right or the granting of further relief based thereon involves the determination of issues of fact triable by a jury and jury trial is not waived, the issues shall be submitted to a jury of 12 in the form of interrogatories, with proper instructions by the c…
O.C.G.A. § 9-4-8 When court may refuse declaratory judgment
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The court may refuse to render or enter a declaratory judgment or decree where the judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. History. Ga. L. 1945, p. 137, § 9.
O.C.G.A. § 9-4-9 Costs
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In any proceeding under this chapter the court may make such award or division of costs as may seem equitable and just. History. Ga. L. 1945, p. 137, § 5.