A judge who did not try the case may, if presented with a motion for new trial within 30 days from the date of the verdict or judgment sought to be set aside, allow the filing of, issue rule nisi thereon, and decide the motion either where he is presiding in the court in which the trial was had, or where he is named in the rule, or where he is otherwise authorized by law to do so.
History. Code 1863, § 3644; Code 1868, § 3669; Code 1873, § 3720; Code 1882, § 3720; Civil Code 1895, § 5486; Civil Code 1910, § 6091; Code 1933, § 70-103; Ga. L. 1957, p. 224, § 13.
History of Code section.
This Code section is derived from the decision in Field v. Thornton, 1 Ga. 306 (1846).
Law reviews.
For article, “A Discussion of the 1957 Amendments to Rules of Practice and Procedure in Georgia,” see 19 Ga. B.J. 395 (1957).
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