9-11-39. Consent to trial by court; jury trial on court order.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, may consent to trial by the court sitting without a jury.#
(b)
In all actions not triable of right by a jury, or where jury trial has been expressly waived, the court may nevertheless order a trial with a jury whose verdict will have the same effect as if trial by jury had been a matter of right or had not been waived.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1966, p. 609, § 39.

Law reviews

For annual survey article discussing waiver of jury trials, see 46 Mercer L. Rev. 95 (1994). For note, ‘‘Pre-Litigation Contractual Waivers of the Right to a Jury Trial Are Unenforceable Under Georgia Law,’’ see 46 Mercer L. Rev. 1565 (1995).

Other notes

U.S. Code.: For provisions of Federal Rules of Civil Procedure, Rule 39, see 28 U.S.C.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch11-(v7)-2015-pdf.pdf, Volume V7, 2015 edition, page 543; merge action: carried; file SHA-256 3e6a3f858b06.