Ga. Code § 9-4-5

Current through 2023-2024 Legislative Session Chapter 709

Section 9-4-5 - [See Note] 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 or the Georgia Tax Court; provided, however, that a proceeding instituted in the probate court pursuant to paragraph (1) of subsection (a) of Code Section 15-9-127shall 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.

OCGA § 9-4-5

Amended by 2024 Ga. Laws 601,§ 2-7, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.

Amended by 2020 Ga. Laws 508,§ 2-5, eff. 1/1/2021.

Amended by 2019 Ga. Laws 271,§ 3-2, eff. 5/7/2019.

This section is set out more than once due to postponed, multiple, or conflicting amendments.