Section 9-11-40. Time and place of trial

   (a)  Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (f)(1)(C) of Code Section 9-11-4, and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice.

(b)  Trial in chambers. The judges of any courts of record may, on reasonable notice to the parties, at any time and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment any matter or issue where a jury trial is not required or has been waived. However, nothing in this subsection shall authorize the trial of any divorce case by consent or otherwise until after the last day upon which defensive pleadings were required by law to be filed therein.

(c)  Assignment of cases for trial. The courts shall provide for the placing of actions upon the trial calendar:

   (1) Without request of the parties but upon notice to the parties; or

   (2) Upon request of a party and notice to the other parties.

Except for cause, cases shall be placed upon the calendar in chronological order in accordance with filing dates. Precedence shall be given to actions entitled thereto by any statute.

Ga. L. 1966, p. 609, § 40; Ga. L. 1967, p. 226, § 41; Ga. L. 1968, p. 1104, § 9; Ga. L. 1976, p. 1677, § 1; Ga. L. 1993, p. 91, § 9; Ga. L. 2000, p. 1225, § 4.