Ga. R. Prob. Ct. 10.11

As amended through April 15, 2024
Rule 10.11 - Jury trials (Article 6 Probate Courts)
(A) Demand and procedure Right to Jury Trial.

The right to a jury trial must be asserted by a written demand within thirty (30) days after the filing of the first pleading of the party or within fifteen (15) days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to OCGA §§ 29-4-10 and 29-5-10, relating to guardianship or conservatorship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury trial within ten (10) days after the date of mailing of the notice provided for by OCGA §§ 29-4-12(c) and 29-5-12(c). If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted.

All laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to, and be observed by, the Article 6 Probate Courts in civil cases.

(B) Voir dire.

The court may propound, or cause to be propounded by counsel, such questions of the jurors as provided in OCGA § 15-12-133; however, the form, time required, and number of such questions is within the discretion of the court. The court may require that questions be asked once only to the full array of the jurors, rather than to every juror one at a time, provided that the question be framed and the response given in a manner that will provide the propounder with an individual response prior to the interposition of challenge. Hypothetical questions are discouraged, but may be allowed in the discretion of the court. It is improper to ask how a juror would act in certain contingencies or on a certain hypothetical state of facts. No question shall be framed so as to require a response from a juror which might amount to a prejudgment of the action. Questions calling for an opinion by a juror on matters of law are improper. The court will exclude questions which have been answered in substance previously by the same juror. It is discretionary with the court to permit examination of each juror without the presence of the remainder of the panel. Objections to the mode and conduct of voir dire must be raised promptly or they will be regarded as waived.

(C) Selection of juries.

After completion of the examination of jurors upon their voir dire, the parties and their counsel shall be entitled, upon request, to fifteen (15) minutes to prepare for jury selection; thereafter, during the selection of jurors, the court in its discretion, upon first warning counsel, may restrict to not less than one minute the time within which each party may exercise a peremptory challenge; a party shall forfeit a challenge by failing to exercise it within the time allowed.

(D) Requests and exceptions to charge.

All requests to charge shall be numbered consecutively on separate sheets of paper and submitted to the court in duplicate by counsel for all parties at the commencement of trial, unless otherwise provided by pre-trial order; provided, however, that additional requests may be submitted to cover unanticipated points which arise thereafter.

Ga. R. Prob. Ct. 10.11