There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if there is no state court. Such a demand shall be written. Upon such a demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have.
History. Code 1981, § 15-10-61 , enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2.
Cross references.
Transfers and changes of venue in magistrate court proceedings, Uniform Rules for the Magistrate Courts, Rule 36.
Structure Georgia Code
Chapter 10 - Magistrate Courts
Article 4 - Violation of Ordinances of Counties and State Authorities
§ 15-10-60. Applicability of Article; Suspended Sentences
§ 15-10-61. No Right to Trial by Jury; Right of Removal to State or Superior Court
§ 15-10-62. Prosecution Upon Citation or Accusation; Service; Arrest
§ 15-10-63. Use of Citations; Arrests
§ 15-10-64. Execution Upon Unpaid Fines; Sheriff to Receive Sentenced Persons
§ 15-10-65. [Effective Until July 1, 2023. See note.] Certiorari to Superior Court
§ 15-10-65. [Effective July 1, 2023. See note.] Petition for Review to Superior Court