In all motions for a new trial the opposite party shall be served with a copy of the rule nisi unless such copy is waived. The clerks of the courts shall not be required, except by order of the presiding judge, to enter upon the minutes of the courts motions for new trial in cases tried therein; but the motions shall be filed in the clerk’s office as are other papers and shall be recorded together with the other pleadings in the cases when the same are finally disposed of as required by law.
History. Orig. Code 1863, § 3648; Code 1868, § 3673; Code 1873, § 3723; Ga. L. 1878-79, p. 138, § 1; Code 1882, § 3723; Civil Code 1895, § 5475; Penal Code 1895, § 1065; Civil Code 1910, § 6080; Penal Code 1910, § 1092; Code 1933, § 70-306.
Law reviews.
For articles 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).
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