History. Orig. Code 1863, § 3643; Code 1868, § 3668; Code 1873, § 3719; Code 1882, § 3719; Ga. L. 1889, p. 83, § 1; Civil Code 1895, § 5484; Penal Code 1895, § 1063; Civil Code 1910, § 6089; Penal Code 1910, § 1090; Code 1933, § 70-301; Ga. L. 1965, p. 18, § 16; Ga. L. 1973, p. 159, § 5.
Cross references.
Death penalty generally, § 17-10-30 et seq.
Law reviews.
For article outlining proposed revisions of appellate procedure rules with comments, prior to the adoption of the Appellate Practice Act, see 19 Ga. B.J. 145 (1956).
For article, “A Discussion of the 1957 Amendments to Rules of Practice and Procedure in Georgia,” see 19 Ga. B.J. 395 (1957).
For article discussing results of legislative changes in appellate procedure, prior to the enactment of the Appellate Practice Act, see 20 Ga. B.J. 38 (1957).
For article discussing the preparation of an amended motion for new trial and facts concerning appellate practice in general, prior to the adoption of the Appellate Practice Act, see 21 Ga. B.J. 424 (1959).
For article, “The Appellate Procedure Act of 1965,” see 1 Ga. St. B.J. 451 (1965).
For article, “1966 Amendments to the Appellate Procedure Act of 1965,” see 2 Ga. St. B.J. 433 (1966).
For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986).
For survey of 1995 Eleventh Circuit cases on trial practice and procedure, see 47 Mercer L. Rev. 907 (1996).
For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006).
For note, “Ineffective Assistance of Counsel Blues: Navigating the Muddy Waters of Georgia Law After 2010 State Supreme Court Decisions,” see 45 Ga. L. Rev. 1199 (2011).
For note, “Seen But Not Heard: An Argument for Granting Evidentiary Hearings to Weigh the Credibility of Recanted Testimony,” see 46 Ga. L. Rev. 213 (2011).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
Structure Georgia Code
§ 5-5-42. Form for Motion for New Trial
§ 5-5-43. Allowance of Filing of Motion by Judge Other Than Trial Judge
§ 5-5-44. Service of Rule Nisi; Filing and Recordation of Motion
§ 5-5-45. Amendment of Rule Nisi
§ 5-5-46. Operation of Rule Nisi as Supersedeas in Criminal Cases; Superseding of Sentence
§ 5-5-48. Time of New Trial Generally
§ 5-5-49. Trial of Cases Returned for New Trial by Appellate Courts
§ 5-5-50. Standard for Review by Appellate Court of First Grant of New Trial
§ 5-5-51. Written Basis for Exercise of Judicial Discretion for New Trial