In all civil cases it shall be good cause of challenge that a juror has expressed an opinion as to which party ought to prevail or that he has a wish or desire as to which shall succeed. Upon challenge made by either party upon either of these grounds, it shall be the duty of the court to hear the competent evidence respecting the challenge as shall be submitted by either party, the juror being a competent witness. The court shall determine the challenge according to the opinion it entertains of the evidence adduced thereon.
History. Penal Code 1895, § 855; Penal Code 1910, § 859; Code 1933, § 59-705; Ga. L. 1949, p. 1082, § 2; Ga. L. 1951, p. 214, § 2.
History of Code section.
The language of this Code section is derived in part from the decisions in Justices of Inferior Court of Pike Co. v. Griffin & West Point Plane Road Co., 15 Ga. 39 (1854), and Hilton & Dodge Lumber Co. v. Ingram, 135 Ga. 696 , 70 S.E. 234 (1911).
Cross references.
Incompetency of person to serve as juror in divorce case for having conscientious scruples as to granting of divorces, § 19-5-9 .
Law reviews.
For article comparing sections of the Georgia Civil Practice Act (§ 9-11-1 et seq.) with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967).
For article, “Practitioner’s Note Jury Selection: Whose Job Is It, Anyway?,” see 23 Ga. St. U.L. Rev. 617 (2007).
Structure Georgia Code
§ 15-12-120.1. Choosing of Trial Jurors
§ 15-12-123. Demand of Jury Panels in Civil Actions in the State Courts
§ 15-12-124.1. Insufficient Number of Persons to Complete Panel of Trial Jurors
§ 15-12-125. Demand of Jury Panels for Misdemeanor Trials
§ 15-12-129.1. Prolonged Session of Court of Record; Choosing and Summoning Prospective Jurors
§ 15-12-131. Examination of Jurors in Panels
§ 15-12-132. Oath of Jury on Voir Dire
§ 15-12-133. Right to Individual Examination of Panel; Matters of Inquiry
§ 15-12-135. Disqualification for Relationship to Interested Party
§ 15-12-136. Competency of County Residents When County Is Interested in Case
§ 15-12-137. Competency of Resident of Municipal Corporation Interested in Case
§ 15-12-137.1. Jury Service by Members of Electric Membership Corporation
§ 15-12-138. Oath of Jury Panel
§ 15-12-139. Oath in Criminal Case
§ 15-12-141. Jury Deliberation Rooms; Furnishing Food and Beverages