(a) Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (f)(1)(C) of Code Section 9-11-4, and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice.
§ 9-11-40.Time and place of trial
Chapter 11. Civil Practice Act · Article 6. Trials · Last amended 2000 · Last verified July 17, 2026
In one sentenceThis section fixes when a civil case becomes triable, guarantees the parties reasonable time for discovery first, sets a special 60-day rule for divorce cases served by publication, allows judges to hear waived-jury matters in chambers, and directs courts to place cases on the trial calendar in chronological order absent a statute or good cause otherwise.
Full Text of § 9-11-40
(b) Trial in chambers. The judges of any courts of record may, on reasonable notice to the parties, at any time and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment any matter or issue where a jury trial is not required or has been waived. However, nothing in this subsection shall authorize the trial of any divorce case by consent or otherwise until after the last day upon which defensive pleadings were required by law to be filed therein.
(c) Assignment of cases for trial. The courts shall provide for the placing of actions upon the trial calendar:
(1) Without request of the parties but upon notice to the parties; or
(2) Upon request of a party and notice to the other parties.
Except for cause, cases shall be placed upon the calendar in chronological order in accordance with filing dates. Precedence shall be given to actions entitled thereto by any statute.
Plain-English Summary
Subsection (a) marks the earliest a case can go to trial: any time after the last day defensive pleadings were due. But that date isn’t a green light by itself — the court must still afford the parties reasonable time for discovery after that deadline before pushing the case to trial. Divorce cases involving service by publication get their own rule: the case becomes triable only after 60 days have passed since the first publication of notice following the publication order.
Subsection (b) lets judges of courts of record hear and decide matters in chambers, anywhere in the circuit, on reasonable notice, when a jury isn’t required or has been waived. That authority has one hard limit: it can’t be used to try a divorce case, by consent or otherwise, before the last day for filing defensive pleadings has passed.
Subsection (c) governs how cases land on the trial calendar — either without a party’s request but on notice to the parties, or on a party’s request with notice to the others. The default ordering is chronological, by filing date, unless a statute gives a case priority or the court has cause to depart from that order.
Frequently Asked Questions
When can a Georgia civil case first be tried?
Any time after the last day on which defensive pleadings were required to be filed, though the court must still give the parties reasonable time for discovery after that date.
What’s the special timing rule for divorce cases involving service by publication?
Those cases become triable any time after 60 days have elapsed since the date of the first publication of notice following the order for service by publication.
Can a judge decide a case in chambers instead of open court?
Yes, on reasonable notice to the parties, for any matter or issue where a jury trial isn’t required or has been waived — except that a divorce case can’t be tried in chambers until after the deadline for defensive pleadings has passed.
How are cases placed on the trial calendar?
Either without a party’s request but with notice to the parties, or on a party’s request with notice to the other parties.
In what order are cases normally called for trial?
In chronological order by filing date, except for cause shown or where a statute gives a particular type of action precedence.
Amendment History
Ga. L. 1966, p. 609, § 40; Ga. L. 1967, p. 226, § 41; Ga. L. 1968, p. 1104, § 9; Ga. L. 1976, p. 1677, § 1; Ga. L. 1993, p. 91, § 9; Ga. L. 2000, p. 1225, § 4.
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: georgia trial calendar ruleswhen can a georgia case go to trialdivorce trial 60 days publication georgiatrial in chambers georgiaassignment of cases for trial georgia