GroundRules
← Search the law
Georgia · Snapshot Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17

O.C.G.A. § 5-3-5: [Effective July 1, 2023] Obligations of court; de novo proceedings; jury trials.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 5 Appeal And Error
  2. 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

Browse this collection