{"data":{"id":"us-ga/o.c.g.a.-5-3-5--3","jurisdiction":"us-ga","citation":"O.C.G.A. § 5-3-5","heading":"[Effective July 1, 2023] Obligations of court; de novo proceedings; jury trials.","body":"(a) Except as provided in subsection (b) of this Code section or otherwise provided by law, a reviewing court shall:\n(1) Review only matters raised in the record of the proceeding in the lower judicatory;\n(2) Accept the findings of fact and credibility of the lower judicatory unless they are clearly erroneous;\n(3) Accept a decision regarding an issue within the sound discretion of the lower judicatory unless such a decision was an abuse of discretion;\n(4) Determine whether the final judgment was sustained by sufficient evidence; and\n(5) Review questions of law de novo.\n(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.\n(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.","path":["TITLE 5 Appeal And Error","CHAPTER 3 [Effective July 1, 2023] Superior and State Appellate Practice"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.05.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"1aa60d4ec0ee1cd744f4b91e768ae76d802db34c91409dd151dd756802998dca","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-5-3-4--3","next":"us-ga/o.c.g.a.-5-3-6--3"},"notice":"GroundRules: Original legal text. Not legal advice."}