O.C.G.A. § 5-3-5: [Effective July 1, 2023] Obligations of court; de novo proceedings; jury trials.
Where this section sits in the code
- TITLE 5 Appeal And Error
- CHAPTER 3 [Effective July 1, 2023] Superior and State Appellate Practice
(a) Except as provided in subsection (b) of this Code section or otherwise provided by law, a reviewing court shall:
(1) Review only matters raised in the record of the proceeding in the lower judicatory;
(2) Accept the findings of fact and credibility of the lower judicatory unless they are clearly erroneous;
(3) Accept a decision regarding an issue within the sound discretion of the lower judicatory unless such a decision was an abuse of discretion;
(4) Determine whether the final judgment was sustained by sufficient evidence; and
(5) Review questions of law de novo.
(b) A reviewing court shall conduct a de novo proceeding under this chapter if a de novo proceeding is specified by law. Cases reviewed under this subsection shall be heard by the reviewing court without a jury unless a jury trial is ordered by the reviewing court and authorized by law.
(c) A demand for a jury trial under this chapter shall be filed in the reviewing court within 30 days after filing a petition for review.
Collected 2026-09-17T19:34:57Z. Source file · JSON