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§ 9-4-7.Only parties affected; when municipality made party; when Attorney General served and heard

Chapter 4. Declaratory Judgments · Last amended 2022 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-4-7 limits a declaration to the parties before the court, requires joining a municipality whenever its ordinance or franchise is challenged, and requires serving the Attorney General whenever any lawsuit alleges a state law or franchise is unconstitutional or invalid.

Full Text of § 9-4-7

Text sizeJump to: (a) (b) (c)

(a) No declaration shall prejudice the rights of persons not parties to the proceeding.
(b) In any proceeding involving the validity of a municipal ordinance or franchise, the municipality shall be made a party and shall be entitled to be heard as a party.
(c) If an Act of the General Assembly, a statute of the state, any order or regulation of any administrative body of the state, or any franchise granted by the state is alleged in an action for declaratory judgment or as a part of any other action to be unconstitutional or otherwise invalid, the Attorney General of the state shall be served with a copy of the proceeding and shall be entitled to be heard in defense of said Act, statute, order, regulation, or franchise, which may include appearing as a party as of right as he or she determines is appropriate.

Plain-English Summary

Three separate protections sit inside this section, each addressing who has to be brought into a declaratory judgment case and whose interests the resulting declaration can affect. Subsection (a) sets the outer boundary: a declaration binds only the people who were parties to the proceeding, not anyone who was not there to be heard.

Subsection (b) requires a municipality to be joined whenever a case questions the validity of one of its own ordinances or franchises, and gives the municipality the right to be heard as a party rather than a bystander. A court cannot rule on whether a city ordinance is valid without the city itself in the room.

Subsection (c) reaches further than declaratory judgment actions alone — it applies to any action, declaratory or otherwise, that alleges a state statute, an Act of the General Assembly, an administrative order or regulation, or a state-granted franchise is unconstitutional or invalid. The Attorney General has to be served with a copy of the proceeding and gets the right to be heard in defense of the challenged law, which can include appearing as a party as of right if the Attorney General decides that role is appropriate.

Frequently Asked Questions

Does a declaratory judgment affect the rights of people who were not parties to the case?

No. “No declaration shall prejudice the rights of persons not parties to the proceeding.”

What happens when a case challenges the validity of a municipal ordinance?

The municipality must be made a party and is entitled to be heard as a party.

When must the Attorney General be served with a copy of a proceeding?

When an Act of the General Assembly, a state statute, an administrative order or regulation, or a state-granted franchise is alleged to be unconstitutional or otherwise invalid, whether in a declaratory judgment action or as part of any other action.

Is the Attorney General limited to filing a brief, or can the Attorney General become a full party?

The Attorney General is entitled to be heard in defense, “which may include appearing as a party as of right” if the Attorney General determines that is appropriate.

Does subsection (c)’s Attorney General notice requirement apply only to declaratory judgment cases?

No. It applies to any action where the constitutionality or validity of a state Act, statute, regulation, or franchise is alleged, not just declaratory judgment proceedings.

Amendment History

Ga. L. 1945, p. 137, § 6; Ga. L. 2022, p. 13, § 1/HB 1361.

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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