All collateral issues in the superior, state, or city courts, unless otherwise directed by law, shall be tried by jury.
§ 9-10-4.Trial of collateral issues
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceAny collateral issue arising in a case pending in superior, state, or city court must be tried by a jury, unless some other law specifically directs a different procedure for that particular kind of issue.
Full Text of § 9-10-4
Plain-English Summary
Lawsuits sometimes spin off side questions that are not the main claim but still need resolving. This section says those collateral issues get a jury trial, the same as the main dispute, unless another law carves out a different process.
The rule applies across superior, state, and city courts, keeping the jury-trial default consistent regardless of which of those courts happens to be hearing the case. It is a background rule that fills gaps: absent a specific statute saying otherwise, a collateral issue does not get decided by the judge alone or by some other procedure — it goes to the jury.
Frequently Asked Questions
What counts as a collateral issue under this section?
The text does not define the term further; it directs that collateral issues arising in these courts be tried by jury unless another law says otherwise.
Which courts does this rule cover?
Superior courts, state courts, and city courts.
Is a jury trial for collateral issues always required?
No. The section applies unless otherwise directed by law, so a different statute can override the jury-trial default for a specific kind of collateral issue.
Does this section address the main claims in a lawsuit?
No, it addresses collateral issues specifically — side questions distinct from trying the principal cause of action.
Who decides a collateral issue if no jury is available or requested?
The statute states the default as trial by jury; it does not itself describe an alternative procedure when a jury is unavailable.
Amendment History
Orig. Code 1863, § 3532; Code 1868, § 3555; Code 1873, § 3612; Code 1882, § 3612; Civil Code 1895, § 4948; Civil Code 1910, § 5525; Code 1933, § 81-1010.
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
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