During the trial in any court of any case in which the evidence is vulgar and obscene or relates to improper sexual acts and tends to debauch the morals of the young, the presiding judge shall have the right, in his discretion and on his own motion, or on motion of the plaintiff or the defendant or their attorneys, to hear and try the case after clearing the courtroom of all or any portion of the audience.
§ 9-10-3.Closed trials authorized in certain cases
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1982 · Last verified July 17, 2026
In one sentenceWhen trial evidence is vulgar, obscene, or involves improper sexual acts likely to corrupt young people, this section lets the presiding judge clear all or part of the courtroom audience, acting on the judge’s own initiative or on motion by either party or their attorneys.
Full Text of § 9-10-3
Plain-English Summary
Some trials involve testimony too graphic for a general audience. This section gives the judge running such a case the authority to close the courtroom, in whole or in part, when the evidence is vulgar, obscene, or touches on improper sexual conduct in a way that could corrupt young onlookers.
The judge can act alone, without waiting for anyone to ask, or in response to a motion from the plaintiff, the defendant, or either side’s attorney. Either way, the decision rests in the judge’s discretion — the statute frames it as something the court has the right to do, not a mandatory step triggered automatically by certain subject matter.
The section addresses courtroom management during the presentation of sensitive testimony, not a broader shield against public trials. It lets a judge remove some or all spectators for the portions of a case where that graphic content comes up.
Frequently Asked Questions
Who can ask the judge to clear the courtroom under this section?
The judge may act on the court’s own motion, or on motion of the plaintiff, the defendant, or either party’s attorney.
What kind of evidence triggers this authority?
Evidence that is vulgar and obscene, or that relates to improper sexual acts and tends to debauch the morals of the young.
Must the judge remove the entire audience?
No. The section allows clearing all or any portion of the audience, so the judge can tailor how much of the courtroom is closed.
Is closing the courtroom mandatory once this kind of evidence comes up?
No. The statute gives the judge the right, in his discretion, to clear the courtroom — it is not an automatic requirement.
Does this section apply only to a particular type of court?
The text refers broadly to any court trying a case involving this kind of evidence, without limiting the authority to a specific court level.
Amendment History
Ga. L. 1890-91, p. 111, § 1; Civil Code 1895, § 5296; Ga. L. 1895, p. 49, § 1; Civil Code 1910, § 5885; Code 1933, § 81-1006; Ga. L. 1982, p. 3, § 9.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: closed courtroom obscene evidence georgiaclear courtroom during trial georgia lawjudge close trial to public georgiavulgar evidence trial closure georgia statutecourtroom clearing motion georgia civil case