Current through 2023-2024 Legislative Session Chapters 1-597, 604, 609, 612, 696, 697
Section 5-3-5 - Obligations of court; de novo proceedings; jury trials(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.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Repealed by 2022 Ga.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.