Constitution of the State of Georgia

Article VI. JUDICIAL BRANCH · Article VI. JUDICIAL BRANCH · Section V. COURT OF APPEALS

Art. VI, Sec. V, Para. IV. Certification of question to Supreme Court.

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

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

The Court of Appeals may certify a question to the Supreme Court for instruction, to which it shall then be bound.

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.

Other notes

1976 Constitution.: Art. VI, Sec. II, Paras. IV and VIII.
Certification of question authorized.: The Court of Appeals was authorized to certify a question to the Supreme Court as to the constitutionality of retroactive application of the cap on damages recoverable against the state provided in O.C.G.A. § 50-21-26. Department of Human Resources v. Phillips, 223 Ga. App. 520, 478 S.E.2d 598 (1996). When Supreme Court can decline
to answer.: When the answer to a certified question would constitute the decision in the main case, the Supreme Court will decline to answer the question. Lawrence v. State, 268 Ga. 420, 489 S.E.2d 850 (1997).

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

Text read from 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, page 1103; merge action: annotated; file SHA-256 1b27199d8655.