In cases where the facts alleged are denied by the defendant or defendants on oath, the judge shall forthwith, in the usual manner, draw a jury of 12 to try the issue of fact, and the judge shall have the power to fix a day for trial of the issue of fact with an order that the sheriff shall notify the parties of the time and place of trial. The date fixed for the trial shall not be less than ten nor more than 30 days from the date of the order. The judge shall have the discretion to continue the hearing from day to day, as provided for in other cases.
§ 9-6-65.Jury trial where facts at issue; time of trial; continuances
Chapter 6. Extraordinary Writs · Article 4. Quo Warranto · Last amended 1933 · Last verified July 17, 2026
In one sentenceWhen a defendant denies the alleged facts under oath in a quo warranto case, this section requires the judge to draw a 12-person jury, gives the judge the power to fix a trial date that must fall between ten and thirty days after the order, directs the sheriff to notify the parties, and allows continuances from day to day.
Full Text of § 9-6-65
Plain-English Summary
Section 9-6-64 sets up the fast, judge-only track for quo warranto cases that raise only questions of law. This section covers what happens when the defendant will not let the facts go unchallenged — when the facts alleged are denied on oath. At that point, the case needs a jury, and this section tells the judge how to get one moving.
The judge must draw a jury of twelve “forthwith,” in the usual manner, and has the power to fix a trial date for the disputed issue of fact. That date cannot be less than ten days or more than thirty days from the date of the order, and the judge orders the sheriff to notify the parties of the time and place of trial.
The section closes with a dose of flexibility: despite the fixed trial window, the judge retains discretion to continue the hearing from day to day, the same discretion available in other cases. A quo warranto jury trial is not required to finish in a single sitting once it starts.
Frequently Asked Questions
What triggers the jury procedure in this section?
The facts alleged in the quo warranto proceeding being denied by the defendant or defendants on oath.
How many jurors does the judge draw to try the disputed issue of fact?
Twelve.
How soon after the judge’s order must the trial be held, at the earliest and latest?
Not less than ten days and not more than thirty days from the date of the order.
Who is responsible for notifying the parties of the time and place of trial?
The sheriff, acting under the judge’s order.
Can the judge continue a quo warranto jury trial over multiple days?
Yes. The judge has discretion to continue the hearing from day to day, as provided for in other cases.
Amendment History
Ga. L. 1868, p. 130, § 2; Code 1873, § 3205; Code 1882, § 3205; Civil Code 1895, § 4880; Civil Code 1910, § 5453; Code 1933, § 64-204.
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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