When a declaration of right or the granting of further relief based thereon involves the determination of issues of fact triable by a jury and jury trial is not waived, the issues shall be submitted to a jury of 12 in the form of interrogatories, with proper instructions by the court, whether a general verdict is required or not. The instructions by the court shall in all respects be governed by the laws of this state relating to instructions or charges by a court to a jury.
§ 9-4-6.Submission of fact issues to jury
Chapter 4. Declaratory Judgments · Last amended 1945 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-4-6 sends disputed factual issues underlying a declaratory judgment to a jury of 12 in the form of interrogatories, with proper court instructions, whenever a jury trial is not waived and the declaration or further relief depends on facts a jury would normally decide.
Full Text of § 9-4-6
Plain-English Summary
Declaratory judgment cases can involve genuine factual disputes, not just legal questions, and this section makes sure those disputes get the same jury treatment they would in an ordinary lawsuit. When deciding the declaration itself — or any further relief built on it — depends on facts a jury would normally decide, and no one has waived that right, the court submits those factual issues to a jury of 12.
The mechanism is specific: the jury answers in the form of interrogatories — targeted factual questions — rather than being left to reach only a single verdict on the whole case, though a general verdict can still be required alongside the interrogatories where appropriate. The court gives proper instructions to guide the jury’s answers.
The section closes by tying jury instructions in a declaratory judgment case to the same body of law that governs jury instructions generally: nothing here creates a separate set of instruction rules just for declaratory judgment proceedings.
Frequently Asked Questions
Does every declaratory judgment case go to a jury?
Only when the declaration or further relief depends on factual issues triable by a jury and jury trial has not been waived.
How many jurors decide the factual issues in a declaratory judgment case?
A jury of 12.
In what form does the jury answer the factual questions?
“In the form of interrogatories,” with proper instructions by the court.
Is a general verdict always required in addition to the interrogatories?
No. The interrogatories are used “whether a general verdict is required or not.”
What law governs the instructions the court gives the jury in a declaratory judgment case?
“The laws of this state relating to instructions or charges by a court to a jury” — the same body of law that applies generally.
Amendment History
Ga. L. 1945, p. 137, § 3.
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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