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§ 9-11-38. Right to Jury Trial

The right of trial by jury as declared by the Constitution of the state or as given by a statute of the state shall be preserved to the parties inviolate. History. Ga. L. 1966, p. 609, § 38. Cross references. Right to trial by jury generally, Ga. Const. 1983, Art. I, Sec. I, Para. XI. […]

§ 9-11-39. Consent to Trial by Court; Jury Trial on Court Order

The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, may consent to trial by the court sitting without a jury. In all actions not triable of right by a jury, or where jury trial has been […]

§ 9-11-40. Time and Place of Trial

Time of trial.    All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date […]

§ 9-11-41. Dismissal of Actions; Recommencement Within Six Months

Voluntary dismissal; effect: By plaintiff; by stipulation.    Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: By filing a written notice of dismissal at any time before the first witness is sworn; […]

§ 9-11-42. Consolidation; Severance

Consolidation.    When actions involving a common question of law or fact are pending before the court, if the parties consent, the court may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning […]

§ 9-11-43. Evidence

Evidence on trials.    In all trials the testimony of witnesses shall be taken orally in open court unless otherwise provided by this chapter or by statute. Evidence on motions.    When a motion is based on facts not appearing of record, the court may hear the matter on affidavits presented by the respective parties, […]

§ 9-11-46. Exceptions Unnecessary; Objections to Rulings or Orders

Formal exceptions to rulings or orders of the court are unnecessary. For all purposes for which an exception has heretofore been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to […]

§ 9-11-47. Jurors

The parties may by written stipulation, filed of record, stipulate that the jury shall consist of any number less than that fixed by statute. The court may direct that one or two jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which […]

§ 9-11-49. Special Verdicts

The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of several special findings which might […]

§ 9-11-52. Findings by the Court

In ruling on interlocutory injunctions and in all nonjury trials in courts of record, the court shall upon request of any party made prior to such ruling, find the facts specially and shall state separately its conclusions of law. If an opinion or memorandum of decision is filed, it will be sufficient if the findings […]