Georgia § 9-4-5 - Filing and service; time of trial; drawing of jury.
Full text of Georgia Official Code of Georgia Annotated § 9-4-5 — Filing and service; time of trial; drawing of jury., with citation guidance and answers to common questions.
§ 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. (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).
Frequently Asked Questions About Georgia § 9-4-5
What does Official Code of Georgia Annotated § 9-4-5 cover?
Section 9-4-5 ("Filing and service; time of trial; drawing of jury.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 9-4-5?
A common citation format is "Official Code of Georgia Annotated § 9-4-5" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 9-4-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.