A proceeding instituted under this chapter shall be filed and served as are other cases in the superior courts of this state or in the Georgia State-wide Business Court or the Georgia Tax Court; provided, however, that a proceeding instituted in the probate court pursuant to paragraph (1) of subsection (a) of Code Section 15-9-127 shall be filed and served in the manner provided for proceedings in the probate courts of this state in Chapter 11 of Title 53. A proceeding instituted under this chapter may be tried at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. If there is an issue of fact that requires a submission to a jury, the jury may be drawn, summoned, and sworn either in regular term or specially for the pending case.
§ 9-4-5.[Effective July 1, 2026] Filing and service; time of trial; drawing of jury
Chapter 4. Declaratory Judgments · Last amended 2026 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-4-5 files and serves a declaratory judgment proceeding the same way as other cases in superior court, the Business Court, or the Tax Court, bars trial sooner than 20 days after service absent written consent, and allows a jury to be drawn specially when needed.
Full Text of § 9-4-5
Plain-English Summary
This section supplies the procedural mechanics for getting a declaratory judgment case to trial. Filing and service follow the ordinary rules for the court where the case is brought — the superior courts, the Georgia State-wide Business Court, or the Georgia Tax Court — with one carve-out: a declaratory proceeding filed in probate court under the specific statute authorizing that follows the probate procedure rules in Title 53 instead.
The section also sets a floor on how quickly a case can go to trial: not earlier than 20 days after service, unless the parties themselves agree in writing to move faster. That waiting period gives a respondent a real chance to prepare before facing a declaratory judgment hearing, while still letting the parties speed things up by mutual consent when neither side needs the full 20 days.
Finally, it addresses juries. If the case turns on a factual issue that needs a jury, the court is not limited to whatever jury happens to be sitting in a regular term — it can draw, summon, and swear in a jury specially for the pending declaratory judgment case. As amended effective July 1, 2026, this section extends the same filing and service framework to the newer Georgia State-wide Business Court and Georgia Tax Court alongside the superior courts.
Frequently Asked Questions
How is a declaratory judgment proceeding filed and served under this section?
The same way as other cases in the superior courts, the Georgia State-wide Business Court, or the Georgia Tax Court, except that a proceeding in probate court under the applicable statute follows the probate court filing and service rules instead.
How soon can a declaratory judgment case be tried after service?
Not earlier than 20 days after service, unless the parties consent in writing to an earlier trial.
Can the parties agree to a faster trial date?
Yes. The 20-day minimum yields if “the parties consent in writing to an earlier trial.”
If the case involves a disputed issue of fact, must it wait for the next regular jury term?
No. The jury “may be drawn, summoned, and sworn either in regular term or specially for the pending case.”
Does this section apply the same way to every court that hears declaratory judgment cases?
Largely, though a proceeding brought in probate court under the specific statute governing that follows the filing and service rules for probate courts instead of the general rule.
Amendment History
Ga. L. 1945, p. 137, § 4; Ga. L. 2019, p. 845, § 3-2/HB 239; Ga. L. 2020, p. 377, § 2-5/HB 865; Ga. L. 2024, p. 888, § 2-7/HB 1267, effective July 1, 2026.
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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