§ 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 […]
§ 5-5-44. Service of Rule Nisi; Filing and Recordation of Motion
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 […]
§ 5-5-1. Power of Probate, Superior, State, Juvenile, State-Wide Business, and City of Atlanta Courts
The superior, state, and juvenile courts, the Georgia State-wide Business Court, and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages […]
§ 5-5-20. Verdict Contrary to Evidence and Justice
In any case when the verdict of a jury is found contrary to evidence and the principles of justice and equity, the judge presiding may grant a new trial before another jury. History. Laws 1799, Cobb’s 1851 Digest, p. 503.; Code 1863, § 3637; Code 1868, § 3662; Code 1873, § 3713; Code 1882, § […]
§ 5-5-21. Verdict Against Weight of Evidence
The presiding judge may exercise a sound discretion in granting or refusing new trials in cases where the verdict may be decidedly and strongly against the weight of the evidence even though there may appear to be some slight evidence in favor of the finding. History. Ga. L. 1853-54, p. 46, § 3; Code 1863, […]