Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 4. DECLARATORY JUDGMENTS

9-4-3. Further relief; interlocutory extraordinary relief to preserve status quo.

Active

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

  1. (a)

    Further plenary relief, legal or equitable, including but not limited to damages, injunction, mandamus, or quo warranto, may be sought in a petition seeking declaratory judgment, and in such case, the action shall be governed as to process, service, and procedure by Code Section 9-4-5. In all such cases, the court shall award to the petitioning party such relief as the pleadings and evidence may show him to be entitled; and the failure of the petition to state a cause of action for declaratory relief shall not affect the right of the party to any other relief, legal or equitable, to which he may be entitled.#

  2. (b)

    The court, in order to maintain the status quo pending the adjudication of the questions or to preserve equitable rights, may grant injunction and other interlocutory extraordinary relief in substantially the manner and under the same rules applicable in equity cases.#

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. 1945, p. 137, § 2; Ga. L. 1959, p. 236, § 2; Ga. L. 1982, p. 3, § 9.

Law reviews

For article, “Variations on a Theme: Georgia’s Evolving Test for Interlocutory Injunctive Relief,” see 28 Ga. St. B.J. 17 (August 2022).

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-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, pages 439 to 440; merge action: carried; file SHA-256 ea8a520ad52f.