In any proceeding under this chapter the court may make such award or division of costs as may seem equitable and just.
§ 9-4-9.Costs
Chapter 4. Declaratory Judgments · Last amended 1945 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-4-9 gives a court hearing any declaratory judgment proceeding discretion to award or divide the costs of the case however the court finds equitable and just, rather than following a fixed rule about who automatically pays.
Full Text of § 9-4-9
Plain-English Summary
Costs in ordinary litigation often follow predictable rules, but declaratory judgment proceedings work differently under this section. The court can award or divide costs “as may seem equitable and just,” giving it discretion rather than a formula to apply.
That flexibility fits the nature of declaratory relief. Because these cases resolve uncertainty rather than assign blame for a completed wrong, it will not always be obvious which side should bear the expense of bringing the matter to court — sometimes both sides benefit from having the uncertainty resolved, and a rigid winner-pays rule would not reflect that.
The section is brief because it does not need to be more specific: it hands the decision to the court’s judgment on what is fair given the particular case, rather than dictating an outcome in advance.
Frequently Asked Questions
How are costs allocated in a declaratory judgment proceeding?
The court “may make such award or division of costs as may seem equitable and just.”
Does the losing party automatically pay costs in a declaratory judgment case?
The statute does not impose an automatic rule — it leaves the award or division of costs to the court’s judgment of what is equitable and just.
Can the court split costs between the parties rather than assigning them entirely to one side?
Yes. The statute allows the court to make a “division of costs,” not only a full award to one side.
Does this cost provision apply to every proceeding under this chapter?
Yes. It applies “in any proceeding under this chapter.”
Is there a fixed standard the court must follow in deciding costs?
No fixed formula — the standard is what the court finds “equitable and just.”
Amendment History
Ga. L. 1945, p. 137, § 5.
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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