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Georgia Statutes, Title 9

Georgia/Statutes

← All Georgia coverage

Title 9

16 chapters · 665 sections in this title.

All chapters in Title 9665 Ch 11, CIVIL PRACTICE ACT101 Ch 13, EXECUTIONS AND JUDICIAL SALES99 Ch 9, ARBITRATION83 Ch 10, CIVIL PRACTICE AND PROCEDURE GENERALLY76 Ch 12, VERDICT AND JUDGMENT70 Ch 3, LIMITATIONS OF ACTIONS51 Ch 14, HABEAS CORPUS38 Ch 2, ACTIONS GENERALLY31 Ch 7, AUDITORS23 Ch 16, UNIFORM CIVIL FORFEITURE PROCEDURE ACT22 Ch 6, EXTRAORDINARY WRITS20 Ch 8, RECEIVERS14 Ch 15, COURT AND LITIGATION COSTS14 Ch 4, DECLARATORY JUDGMENTS11

11 sections·Filtered byTitle 9✕Ch 4✕

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. § 9-4-7 Only parties affected; when municipality made party; when Attorney General served and heard

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(a) No declaration shall prejudice the rights of persons not parties to the proceeding. (b) In any proceeding involving the validity of a municipal ordinance or franchise, the municipality shall be made a party and shall be entitled to be heard as a party. (c) If an Act of the Ge…

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.