§ 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 disturbed by an appellate court unless the appellant shows that the judge abused his discretion in granting it and that the law and facts require the verdict notwithstanding the judgment of the presiding judge. History. Civil Code 1895, § 5585; Civil Code 1910, § 6204; […]
§ 5-5-51. Written Basis for Exercise of Judicial Discretion for New Trial
In all civil cases in which a new trial is granted, if the grant of a new trial is based on the discretion of the judge, the judge shall set forth by written order the reason or reasons for the exercise of his discretion. Such order shall not be required to conform to the provisions […]
§ 5-5-22. Illegal Admission or Exclusion of Evidence
The courts may grant new trials in all cases when any material evidence may be illegally admitted to or illegally withheld from the jury over the objection of the movant. History. Ga. L. 1853-54, p. 46, § 1; Code 1863, § 3638; Code 1868, § 3663; Code 1873, § 3714; Code 1882, § 3714; Civil […]
§ 5-5-23. Newly Discovered Evidence
A new trial may be granted in any case where any material evidence, not merely cumulative or impeaching in its character but relating to new and material facts, is discovered by the applicant after the rendition of a verdict against him and is brought to the notice of the court within the time allowed by […]
§ 5-5-24. Error in Instructions; Objection Required in Civil Cases; Requested Instructions; Review of Charges Involving Substantial Error
Except as otherwise provided in this Code section, in all civil cases, no party may complain of the giving or the failure to give an instruction to the jury unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection. Opportunity shall […]
§ 5-5-25. Other Grounds
In all motions for a new trial on other grounds not provided for in this Code, the presiding judge must exercise a sound legal discretion in granting or refusing the same according to the provisions of the common law and practice of the courts. History. Orig. Code 1863, § 3642; Code 1868, § 3667; Code […]
§ 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
All motions for new trial, except in extraordinary cases, shall be made within 30 days of the entry of the judgment on the verdict or entry of the judgment where the case was tried without a jury. The motion may be amended any time on or before the ruling thereon. Where the grounds of the […]
§ 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
When a motion for a new trial is made after the expiration of a 30 day period from the entry of judgment, some good reason must be shown why the motion was not made during such period, which reason shall be judged by the court. In all such cases, 20 days’ notice shall be given […]
§ 5-5-42. Form for Motion for New Trial
The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying therewith shall also be sufficient. Form for motion for new trial in civil cases: Click to view The form for motion for new trial in criminal cases in […]
§ 5-5-43. Allowance of Filing of Motion by Judge Other Than Trial Judge
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 […]