---
title: O.C.G.A. § 9-11-39. Consent to trial by court; jury trial on court order.
collection: code
id: 9-11-39
cite_as: O.C.G.A. § 9-11-39 (2025)
canonical_url: https://georgiacommons.org/code/9-11-39
md_url: https://georgiacommons.org/code/9-11-39.md
text_url: https://georgiacommons.org/code/9-11-39/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch11-(v7)-2015-pdf.pdf?sfvrsn=aa7f1a10_0#page=543
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: CIVIL PRACTICE / CIVIL PRACTICE ACT / TRIALS
---

# O.C.G.A. § 9-11-39. Consent to trial by court; jury trial on court order.

(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.

## 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).

## U.s. Code.

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