---
title: O.C.G.A. § 32-3-17.1. Decisions upon questions of law; power of judge to give necessary orders and directions; jury trial in open court only.
collection: code
id: 32-3-17.1
cite_as: O.C.G.A. § 32-3-17.1 (2025)
canonical_url: https://georgiacommons.org/code/32-3-17.1
md_url: https://georgiacommons.org/code/32-3-17.1.md
text_url: https://georgiacommons.org/code/32-3-17.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t32-(v23a)-pdf.pdf?sfvrsn=45aa6dc9_0#page=48
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: HIGHWAYS, BRIDGES, AND FERRIES / ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES / GENERAL PROVISIONS
---

# O.C.G.A. § 32-3-17.1. Decisions upon questions of law; power of judge to give necessary orders and directions; jury trial in open court only.

All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of a notice of appeal, if any, shall be passed on by the presiding judge who may, from time to time, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court.

## History

Code 1981, § 32-3-17.1, enacted by Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32; Ga. L. 2022, p. 767, § 2-20/HB 916; Ga. L. 2024, p. 201, § 8/SB 450, effective April 22, 2024.

## Editor's Notes

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

## Amendments

The 2022 amendment, effective July 1, 2023, substituted “a petition for review” for “notice of appeal” in the middle of this Code section. See Editor’s notes for applicability.

The 2024 amendment, effective April 22, 2024, substituted “notice of appeal” for “petition for review” in the middle of this Code section.