§ 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
Full Text of § 9-4-7
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.