In all cases of scire facias to revive a judgment, when service has been perfected, the judgment may be revived on motion at the first term without the intervention of a jury unless the person against whom judgment was entered files an issuable defense under oath, in which case the defendant in judgment shall be entitled to a trial by jury as in other cases.
§ 9-12-64.Revival on motion after service of scire facias; when defendant entitled to jury trial
Chapter 12. Verdict and Judgment · Article 3. Dormancy and Revival of Judgments · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-64 lets a judgment be revived on motion at the first term after service of scire facias without a jury, unless the defendant in judgment files a sworn issuable defense, in which case the defendant is entitled to a jury trial as in other civil cases.
Full Text of § 9-12-64
Plain-English Summary
Reviving a judgment through scire facias is meant to move fast when nothing is in dispute. Once service has been perfected, this section lets the revival happen on motion at the first term of court, with no jury needed, as the default path.
That streamlined path closes only if the person against whom the original judgment was entered contests the revival. To do that, the defendant must file an issuable defense under oath — a sworn pleading raising a genuine, triable issue about the revival, not just a general objection. Filing that sworn defense flips the case onto the ordinary jury-trial track, with the defendant entitled to a trial by jury the same as in any other case.
The structure reflects what scire facias is for: confirming that a judgment already established remains valid and enforceable, not relitigating the underlying dispute. Absent a sworn, issuable challenge, there is nothing left to try, so the law lets the court revive the judgment on motion without the delay and expense of a jury proceeding.
Frequently Asked Questions
Does reviving a judgment through scire facias normally require a jury?
No. Once service has been perfected, the judgment may be revived on motion at the first term without a jury, unless the defendant files a sworn issuable defense.
What must a defendant do to get a jury trial in a scire facias proceeding?
File an issuable defense under oath — a sworn pleading raising a genuine, triable issue with the revival — which entitles the defendant to a jury trial as in other cases.
When can the court revive the judgment on motion?
At the first term after service has been perfected, provided the defendant in judgment has not filed a sworn issuable defense.
What kind of trial does a defendant get after filing a sworn defense?
A trial by jury, conducted as in other civil cases, rather than a summary revival on motion.
Who is the “defendant in judgment” referenced in this section?
The person against whom the original judgment was entered — the party the revival proceeding is directed against.
Amendment History
Orig. Code 1863, § 3527; Code 1868, § 3550; Code 1873, § 3609; Code 1882, § 3609; Civil Code 1895, § 5383; Civil Code 1910, § 5978; Code 1933, § 110-1008.
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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