Legal Question in Family Law in Georgia
Declatory Judgment and Jury Interrogatories
I recently file a declaratory judgment against my ex-wife regarding our constant conflict regarding what we disagree was the Court's intend in certain areas of our Decree of Divorce and Final Judgment. With the complaint, I filed a motion for jury hearing and jury demand. In Georgia, when filing a jury demand in a declaratory judgment case, you must file a set of interrogatories to the jury.
My question is during the court proceeding, will I be allowed to present evidence in the case such as witnesses, testimony, any documents along with giving the jury the interrogatories. Then the jury review the evidence, testimony, answer the interrogatories and then make a ruling
OR
During the court proceeding will I only be allowed to give a copy of the interrogatories to the jury. Then the jury answer the interrogatories and then make a ruling
1 Answer from Attorneys
Re: Declatory Judgment and Jury Interrogatories
You are probably not entitled to a jury in this case, as declaratory judgment actions or motions for contempt (which are another vehicle for the court to interpret what it meant by the language of the order) are tried to the judge alone and not to a jury. If you think about it, how is a jury supposed to tell you what the judge (who is presiding over the case and who probably entered the order) intended by the language that judge used?
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