Ga. Code § 9-4-2

Current through 2023-2024 Legislative Session Chapter 709
Section 9-4-2 - [See Note] 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.

OCGA § 9-4-2

Amended by 2024 Ga. Laws 601,§ 2-6, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2019 Ga. Laws 271,§ 3-1, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.