---
title: O.C.G.A. § 9-4-2. Declaratory judgments authorized; force and effect.
collection: code
id: 9-4-2
cite_as: O.C.G.A. § 9-4-2 (2025)
canonical_url: https://georgiacommons.org/code/9-4-2
md_url: https://georgiacommons.org/code/9-4-2.md
text_url: https://georgiacommons.org/code/9-4-2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch1-10-(v6)-pdf.pdf?sfvrsn=575194c5_0#page=22
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: Effective July 1, 2026.
in_force: true
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    md_url: https://georgiacommons.org/code/9-4-2.md?version=until+July+1%2C+2026
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / DECLARATORY JUDGMENTS
extraction_warnings:
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---

# O.C.G.A. § 9-4-2. Declaratory judgments authorized; force and effect.

(a) In cases of actual controversy, the respective superior courts of this state and the Georgia State-wide Business Court and the Georgia Tax Court shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

(b) In addition to the cases specified in subsection (a) of this Code section, the respective superior courts of this state and the Georgia State-wide Business Court and the Georgia Tax Court shall have power, upon petition or other appropriate pleading, to declare rights and other legal relations of any interested party petitioning for the declaration, whether or not further relief is or could be prayed, in any civil case in which it appears to the court that the ends of justice require that the declaration should be made; and the declaration shall have the force and effect of a final judgment or decree and be reviewable as such.

(c) Relief by declaratory judgment shall be available, notwithstanding the fact that the complaining party has any other adequate legal or equitable remedy or remedies.

## History

Ga. L. 1945, p. 137, § 1; Ga. L. 1959, p. 236, § 1; Ga. L. 1982, p. 3, § 9; Ga. L. 2019, p. 845, § 3-1/HB 239; Ga. L. 2024, p. 888, § 2-6/HB 1267, effective July 1, 2026.

## Editor's Notes

Ga. L. 2024, p. 888, § 4-1(a)/HB 1267, not codified by the General Assembly, provides that the 2024 amendments to this Code section shall only become effective on July 1, 2026, upon the ratification of a resolution at the November, 2024, state-wide general election that amends the Constitution so as to authorize the General Assembly to provide by general law for the establishment of the Georgia Tax Court with state-wide jurisdiction. If such a resolution is not so ratified, then the amendments to this Code section shall not become effective and shall stand repealed on January 1, 2025. The constitutional amendment proposed in Ga. L. 2024, p. 1189, authorizing the establishment of the state-wide Georgia Tax Court, was approved by a majority of the qualified voters voting at the general election held on November 5, 2024.

## Amendments

The 2024 amendment, effective July 1, 2026, inserted “and the Georgia Tax Court” in subsections (a) and (b).

## Delayed Effective Date

Code Section 9-4-2 is set out twice in this Code. This version is effective July 1, 2026. For version effective until July 1, 2026, see the preceding version.