If a civil action is voluntarily dismissed (other than as a result of final settlement agreement, the terms of which are dictated, in court or in chambers, into the record) after the trial jury has been empaneled, all court costs including juror fees incurred for all panels from which the trial jury was selected shall be taxed against the dismissing party.
Rule 12.VOLUNTARY DISMISSAL OF ACTIONS
Rule 12. VOLUNTARY DISMISSAL OF ACTIONS · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 12 makes a party who voluntarily dismisses a civil action after the trial jury has been empaneled responsible for all court costs, including juror fees for every panel from which that jury was drawn, unless the dismissal results from a settlement agreement dictated into the record.
Full Text of Rule 12
Plain-English Summary
Rule 12 puts a price tag on walking away from a case after the jury has already been picked. If a party voluntarily dismisses a civil action once the trial jury has been empaneled, that party gets stuck with all the court costs tied to that jury — not just fees for the panel that was seated, but juror fees for every panel the court had to draw from in the process of selecting that trial jury.
There is one carve-out: a dismissal that happens because the parties reached a final settlement, with its terms dictated into the record in court or in chambers, does not trigger the cost-shift. The distinction the rule draws is between a genuine resolution of the case and a dismissal for other reasons after the county has already spent the resources of summoning and empaneling a jury. The former does not cost the dismissing party anything extra; the latter does.
Frequently Asked Questions
When does Rule 12’s cost-shifting apply?
When a civil action is voluntarily dismissed after the trial jury has been empaneled.
What costs get taxed against the dismissing party?
All court costs, including juror fees incurred for all panels from which the trial jury was selected.
Is there an exception to this cost-shifting rule?
Yes. Dismissals resulting from a final settlement agreement whose terms are dictated into the record are excluded.
Does the settlement need to be formalized in a particular way to qualify for the exception?
Yes. The terms must be dictated, in court or in chambers, into the record.
Does the rule cover costs beyond the final selected jury panel?
Yes. It covers juror fees for all panels from which the trial jury was selected, not just the seated jury.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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