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Chapter 5 - New Trial
Article 1 - General Provisions
§ 5-5-1. Power of Probate, Superior, State, Juvenile, State-Wide Business, and City of Atlanta Courts - History. Laws 1799, Cobb’s 1851 Digest, p. 503; Code 1863,...
Article 2 - Grounds
§ 5-5-20. Verdict Contrary to Evidence and Justice - In any case when the verdict of a jury is...
§ 5-5-21. Verdict Against Weight of Evidence - The presiding judge may exercise a sound discretion in granting...
§ 5-5-22. Illegal Admission or Exclusion of Evidence - The courts may grant new trials in all cases when...
§ 5-5-23. Newly Discovered Evidence - A new trial may be granted in any case where...
§ 5-5-24. Error in Instructions; Objection Required in Civil Cases; Requested Instructions; Review of Charges Involving Substantial Error - History. Ga. L. 1853-54, p. 46, § 1; Code 1863,...
§ 5-5-25. Other Grounds - In all motions for a new trial on other grounds...
Article 3 - Procedure
§ 5-5-40. Time of Motion for New Trial Generally; Amendments; Extension of Time for Filing Transcript; Time of Hearing; Priority to Cases in Which Death Penalty Imposed; Appeal Not Limited to Grounds Urged; New Trial on Court’s Own Motion - History. Orig. Code 1863, § 3643; Code 1868, § 3668;...
§ 5-5-41. Requirements as to Extraordinary Motions for New Trial Generally; Notice of Filing of Motion; Limitations as to Number of Extraordinary Motions in Criminal Cases; Dna Testing - History. Orig. Code 1863, § 3645; Code 1868, § 3670;...
§ 5-5-42. Form for Motion for New Trial - Click to view Click to view IN THE COURT OF...
§ 5-5-43. Allowance of Filing of Motion by Judge Other Than Trial Judge - A judge who did not try the case may, if...
§ 5-5-44. Service of Rule Nisi; Filing and Recordation of Motion - In all motions for a new trial the opposite party...
§ 5-5-45. Amendment of Rule Nisi - A rule nisi for a new trial may be amended...
§ 5-5-46. Operation of Rule Nisi as Supersedeas in Criminal Cases; Superseding of Sentence - History. Orig. Code 1863, § 3649; Code 1868, § 3674;...
§ 5-5-47. Right to Give Supersedeas Bond for Bailable Offense Upon Filing of New Trial Motion; Assessment and Approval of Bond - History. Ga. L. 1916, p. 157, §§ 1, 2; Code...
§ 5-5-48. Time of New Trial Generally - When a new trial has been granted by the court,...
§ 5-5-49. Trial of Cases Returned for New Trial by Appellate Courts - History. Ga. L. 1892, p. 103, §§ 1-3; Civil Code...
§ 5-5-50. Standard for Review by Appellate Court of First Grant of New Trial - The first grant of a new trial shall not be...
§ 5-5-51. Written Basis for Exercise of Judicial Discretion for New Trial - In all civil cases in which a new trial is...
Chapter 6 - Certiorari and Appeals to Appellate Courts Generally
§ 5-6-1. Appearance Before Court of Interested Third Parties - When a case is set for a hearing before the...
§ 5-6-2. Disposition of Transcript in Appellate Court - The transcript of the record shall not be recorded by...
§ 5-6-3. Filing of Briefs on Court Order Where Cases Not Disposed of During Term; Additional Argument; Effect of Failure to Comply With Order - History. Ga. L. 1878-79, p. 151, §§ 1-4; Civil Code...
§ 5-6-4. Bill of Costs; Payment of Costs; Exceptions to Payment; Prerequisite to Receipt of Application for Appeal or Brief by Clerk - History. Ga. L. 1921, p. 239, § 1; Code 1933,...
§ 5-6-5. Entry of Judgment for Costs on Reversal - If there is a judgment of reversal, the appellant shall...
§ 5-6-6. Damages for Frivolous Appeal - When in the opinion of the court the case was...
§ 5-6-7. No Decisions to Be Rendered Ore Tenus; Publication of Judgments and Opinions - No decision shall be rendered ore tenus. The reporter shall...
§ 5-6-8. Entry of Decision on Minutes; Directions to Lower Court - The decision in each case shall be entered on the...
§ 5-6-9. Transmittal of Opinion to Lower Court Generally - History. Ga. L. 1887, p. 106, §§ 1, 2; Civil...
§ 5-6-10. Transmittal of Remittitur to Lower Court Generally - The decision of the appellate court and any direction awarded...
§ 5-6-11. Issuance of Remittitur in Cases Involving Death Penalty - In all cases where the Supreme Court of Georgia has...
§ 5-6-12. Cessation of Supersedeas and Issuance of Execution Upon Affirmance of Judgment of Lower Court - If the judgment of the lower court is affirmed, upon...
§ 5-6-13. Granting of Supersedeas in Cases of Contempt - History. Ga. L. 1939, p. 260, § 1. Cross references....
§ 5-6-14. Execution of Extraordinary Orders - When judgments are rendered on appeal in injunction or other...
§ 5-6-15. Certiorari From Supreme Court to Court of Appeals - The writ of certiorari shall lie from the Supreme Court...
§ 5-6-16. Time for Appeal by Personal Representative Where Party Dies After Trial; Effect of Entry of Appeal and of Failure to Enter Appeal; When Appeal Heard - History. Laws 1843, Cobb’s 1851 Digest, pp. 474, 502; Code...
Article 2 - Appellate Practice
§ 5-6-30. Purpose of Article; Construction - It is the intention of this article to provide a...
§ 5-6-31. Entry of Judgment Defined - The filing with the clerk of a judgment, signed by...
§ 5-6-32. Manner of Service of Notices and Other Papers Upon Parties; Waiver or Acknowledgment of Service - History. Ga. L. 1965, p. 18, § 18; Ga. L....
§ 5-6-33. Right of Appeal Generally - History. Orig. Code 1863, § 4160; Code 1868, § 4192;...
§ 5-6-34. Judgments and Rulings Deemed Directly Appealable; Procedure for Review of Judgments, Orders, or Decisions Not Subject to Direct Appeal; Scope of Review; Hearings in Criminal Cases Involving a Capital Offense for Which Death Penalty Is Sough... - History. Orig. Code 1863, § 4159; Code 1868, § 4191;...
§ 5-6-35. Cases Requiring Application for Appeal; Requirements for Application; Exhibits; Response; Issuance of Appellate Court Order Regarding Appeal; Procedure; Supersedeas; Jurisdiction of Appeal; Appeals Involving Nonmonetary Judgments in Custody... - (5.1) Appeals from decisions of superior courts reviewing decisions of...
§ 5-6-36. Filing of Motion for New Trial and Motion for Judgment Notwithstanding Verdict Where Appeal Taken From Judgment, Ruling, or Order - History. Ga. L. 1965, p. 18, § 2; Ga. L....
§ 5-6-37. Filing and Contents of Notice of Appeal; Service of Notice Upon Parties to Appeal - Unless otherwise provided by law, an appeal may be taken...
§ 5-6-38. Time of Filing Notice of Appeal; Cross Appeal; Record and Transcript for Cross Appeal; Division of Costs; Appeals in Capital Offense Cases for Which Death Penalty Is Sought - History. Ga. L. 1965, p. 18, § 5; Ga. L....
§ 5-6-39. Extensions of Time for Filing Notice of Appeal, Notice of Cross Appeal, Transcript of Evidence, Designation of Record and Other Similar Motions - History. Ga. L. 1965, p. 18, § 6. Cross references....
§ 5-6-40. Enumeration of Errors - The appellant and cross appellant shall file with the clerk...
§ 5-6-41. Reporting, Preparation, and Disposition of Transcript; Correction of Omissions or Misstatements; Preparation of Transcript From Recollections; Filing of Disallowed Papers; Filing of Stipulations in Lieu of Transcript; Reporting at Party’s E... - History. Ga. L. 1965, p. 18, § 10; Ga. L....
§ 5-6-42. Procedure for Preparation and Filing of Transcript of Evidence and Proceedings Where Appellant Designates Matter to Be Omitted From Record on Appeal; Extensions of Time for Completion of Transcript - If the appellant designates any matter to be omitted from...
§ 5-6-43. Preparation and Transmittal of Record on Appeal by Court Clerk; Retention of Copy by Clerk; Furnishing at No Cost to Attorney General in Capital Cases; Notification Where Defendant Confined to Jail - History. Ga. L. 1965, p. 18, § 12; Ga. L....
§ 5-6-44. Authorization and Procedure Generally for Filing of Joint Appeals, Motions for New Trial, and Other Motions; Division of Costs Between Parties - History. Ga. L. 1965, p. 18, § 15; Ga. L....
§ 5-6-45. Operation of Notice of Appeal as Supersedeas in Criminal Cases; Bond; Review - History. Laws 1845, Cobb’s 1851 Digest, pp. 449, 453; Code...
§ 5-6-46. Operation of Notice of Appeal as Supersedeas in Civil Cases; Requirement of Supersedeas Bond or Other Security; Fixing of Amount; Procedure Upon No or Insufficient Filing; Effect of Bond as to Liability of Surety; Punitive Damages - History. Laws 1845, Cobb’s 1851 Digest, pp. 449, 453.; Code...
§ 5-6-47. Operation of Notice of Appeal and Affidavit of Indigence as Supersedeas in Civil Cases; Procedure for Contests as to Truth of Affidavit - History. Ga. L. 1965, p. 18, § 9; Ga. L....
§ 5-6-48. Grounds for Dismissal of Appeal; Amendments; Correcting or Supplementing Record or Transcript; Effect of Dismissal of Appeal Upon Cross Appeal; Effect of Deficiencies Upon Consideration of Appeal - History. Ga. L. 1965, p. 18, § 13; Ga. L....
§ 5-6-49. Bills of Exceptions, Exceptions Pendente Lite, Assignments of Error Abolished; Contents of Motions for New Trial and for j.n.o.v - History. Ga. L. 1965, p. 18, § 3. Cross references....
§ 5-6-50. Procedure Provided by Article Supersedes Former Appellate Procedure - The procedure provided in this article shall serve all purposes...
§ 5-6-51. Forms - The following suggested forms are declared to be sufficient, but...
Chapter 7 - Appeal or Certiorari by State in Criminal Cases
§ 5-7-1. Orders, Decisions, or Judgments Appealable; Defendant’s Right to Cross Appeal - History. Ga. L. 1973, p. 297, § 1; Ga. L....
§ 5-7-2. Certification Required for Immediate Review of Nonfinal Orders, Decisions, or Judgments; Exception; Motion for New Trial - History. Ga. L. 1973, p. 297, § 2; Ga. L....
§ 5-7-3. Right of Certiorari - A proceeding by certiorari may be taken by and on...
§ 5-7-4. Time Limits and Procedures Governing Appeal and Certiorari by State - An appeal by the state, except as otherwise provided for...
§ 5-7-5. Right of Accused to Bail; Amount of Bail Reviewable by Appellate Court - In the event the state files an appeal as authorized...
§ 5-7-6. Construction of Chapter - This chapter shall be liberally construed to effectuate the purposes...