---
title: O.C.G.A. § 40-13-23. Waiver of jury trial; withdrawal of waiver.
collection: code
id: 40-13-23
cite_as: O.C.G.A. § 40-13-23 (2025)
canonical_url: https://georgiacommons.org/code/40-13-23
md_url: https://georgiacommons.org/code/40-13-23.md
text_url: https://georgiacommons.org/code/40-13-23/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-2018-pdf.pdf?sfvrsn=97c394d6_0#page=634
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.
up: https://georgiacommons.org/code/40-13.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / PROSECUTION OF TRAFFIC OFFENSES / ARRESTS, TRIALS, AND APPEALS
---

# O.C.G.A. § 40-13-23. Waiver of jury trial; withdrawal of waiver.

(a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond, property bond, or driver’s license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction, and the defendant shall not be required to post a new bond by the court assuming jurisdiction.

(b) No waiver of a trial by jury may be withdrawn when such waiver has been interposed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first.

## History

Ga. L. 1937-38, Ex. Sess., p. 558, § 4; Ga. L. 1985, p. 149, § 40; Ga. L. 1987, p. 329, § 1; Ga. L. 1992, p. 2785, § 29; Ga. L. 1996, p. 1279, § 1.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1996, a comma was inserted following ‘‘property bond’’ in the third sentence of subsection (a).