Georgia Code
Article 3 - Procedure
§ 5-5-42. Form for Motion for New Trial

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IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff ) ) v. ) Civil Action ) File no. ) Defendant ) ) MOTION FOR NEW TRIAL Defendant moves the court to set aside the verdict returned herein on , , and the judgment entered thereon on , , and to grant a new trial on the following grounds: (date) (date) (1) The verdict is contrary to law. (2) The verdict is contrary to the evidence. (3) The verdict is strongly against the weight of the evidence. (4) The court erred in permitting witness Smith to testify as follows: . (5) The court erred in failing to charge the jury on unavoidable accident as requested in writing by defendant. (6) The court erred in charging the jury as follows: . Dated: . Attorney for defendant Address (Here set forth rule nisi and certificate of service.)
IN THE COURT OF COUNTY STATE OF GEORGIA ) The State ) ) v. ) Indictment ) Accusation ) Defendant ) File no. MOTION FOR NEW TRIAL Defendant moves the court to set aside the verdict returned herein on , , and the sentence entered thereon on , , and to grant a new trial on the following grounds: (date) (date) (1) The defendant should be acquitted and discharged due to the state’s failure to prove guilt beyond a reasonable doubt. (2) Although the state proved the defendant’s guilt beyond a reasonable doubt, the evidence was sufficiently close to warrant the trial judge to exercise his discretion to grant the defendant a retrial. (3) The court committed an error of law warranting a new trial. Dated: . Attorney for defendant Address (Here set forth rule nisi and certificate of service.)
History. Ga. L. 1965, p. 18, § 20; Ga. L. 1983, p. 702, § 1; Ga. L. 1984, p. 22, § 5; Ga. L. 1999, p. 81, § 5.
Cross references.
Form of motion to dismiss, presenting defense of failure to state a claim, § 9-11-119 .
Law reviews.
For article, “1966 Amendments to the Appellate Procedure Act of 1965,” see 2 Ga. St. B.J. 433 (1966).

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