§ 5-5-49. Trial of Cases Returned for New Trial by Appellate Courts
A case decided by the Supreme Court or Court of Appeals which is not finally disposed of by the decision shall stand for further hearing at the term next ensuing after the decision by the appellate court unless the lower court is in session when the decision is made, in which event it shall stand […]
§ 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 […]
§ 5-6-1. Appearance Before Court of Interested Third Parties
When a case is set for a hearing before the Supreme Court or the Court of Appeals and there are parties besides the plaintiffs and defendants, whether shown by the record or not, who have a direct interest in its result, upon the interest being made to appear the court shall allow the other parties […]
§ 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 […]
§ 5-6-2. Disposition of Transcript in Appellate Court
The transcript of the record shall not be recorded by the clerk of the appellate court but shall be carefully labeled and filed so as to be found easily when needed. History. Laws 1847, Cobb’s 1851 Digest, p. 454; Code 1863, § 4185; Code 1868, § 4224; Code 1873, § 4289; Code 1882, § 4289; […]
§ 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 […]
§ 5-6-3. Filing of Briefs on Court Order Where Cases Not Disposed of During Term; Additional Argument; Effect of Failure to Comply With Order
Whenever the appellate court may be unable to dispose of all cases on its docket for any term before the time fixed by law for the succeeding term to begin, the court may pass an order requiring counsel in all such cases to file their briefs in the clerk’s office of the court on or […]
§ 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 […]