The consent of the parties to a judgment has the effect of removing any issuable defenses previously filed. After such a consent the court may render judgment without the verdict of a jury.
§ 9-12-23.Effect of consent judgment
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1982 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-23 provides that the parties' consent to a judgment removes any issuable defenses already filed and allows the court to render judgment without a jury verdict.
Full Text of § 9-12-23
Plain-English Summary
Parties who agree to a judgment are not just settling the case — they are changing what the court still has to do to enter it. This section describes that effect: the consent of the parties to a judgment removes any issuable defenses previously filed.
With those defenses out of the way, there is nothing left for a jury to resolve, and the statute follows through on that logic: after the consent, the court may render judgment without the verdict of a jury. The formal jury-trial machinery becomes unnecessary once the parties themselves have agreed on the outcome.
This section is a more recent addition to Georgia's judgment statutes than most of its neighbors in this article, enacted in 1982 rather than tracing back to the state's earliest codes. It gives consent judgments a clear statutory basis, distinct from the unilateral confession of judgment addressed earlier in this article, where only one side agrees to the result.
Frequently Asked Questions
What happens to previously filed defenses when the parties consent to a judgment?
Any issuable defenses previously filed are removed by that consent.
Does the court need a jury verdict before rendering judgment once the parties consent?
No. After such consent, the court may render judgment without the verdict of a jury.
Is rendering judgment without a verdict automatic once the parties consent?
The statute phrases it as discretionary — the court “may” render judgment that way — leaving the actual entry of judgment to the court.
Why does removing issuable defenses matter once the parties consent to judgment?
Because those defenses existed to create factual disputes for a jury to resolve, and a consent judgment eliminates the need for that jury resolution.
When was this section added to Georgia's judgment statutes?
It was enacted in 1982, later than most of the other sections in this article, which trace back to Georgia's earliest nineteenth-century codes.
Amendment History
Code 1981, § 9-12-23, enacted by Ga. L. 1982, p. 1262, § 1.
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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