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Georgia Code Title 5. Appeal and Error § 5-3-5

Current as of March 28, 2024 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - Georgia Code Title 5. Appeal and Error § 5-3-5 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-5-appeal-and-error/ga-code-sect-5-3-5/

Read this complete Georgia Code Title 5. Appeal and Error § 5-3-5 on Westlaw

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