§ 5-3-5 — Obligations of court; de novo proceedings; jury trials

Georgia § 5-3-5

• Jurisdiction: Georgia
• Title: 5

Text

(a) Except as provided in subsection (b) of this Code section or otherwise provided by law, a reviewing court shall: (1) Review only matters raised in the record of the proceeding in the lower judicatory; (2) Accept the findings of fact and credibility of the lower judicatory unless they are clearly erroneous; (3) Accept a decision regarding an issue within the sound discretion of the lower judicatory unless such a decision was an abuse of discretion; (4) Determine whether the final judgment was sustained by sufficient evidence; and (5) Review questions of law de novo. (b) A reviewing court shall conduct a de novo proceeding under this chapter if a de novo proceeding is specified by law. Cases reviewed under this subsection shall be heard by the reviewing court without a jury unless a jury trial is ordered by the reviewing court and authorized by law. (c) A demand for a jury trial under this chapter shall be filed in the reviewing court within 30 days after filing a petition for review. (d) Except for convictions under Article 2 of Chapter 13 of Title 40, the review of any appealable final judgment of a probate court subject to this chapter shall be a de novo proceeding with the right to a jury trial if demanded.

Legislative History

Amended by 2024 Ga. Laws 424,§ 2, eff. 4/22/2024. Added by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date. Repealed by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023.