§ 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 […]
§ 5-5-45. Amendment of Rule Nisi
A rule nisi for a new trial may be amended by adding new grounds not taken at the time the motion was filed. History. Orig. Code 1863, § 3432; Code 1868, § 3452; Code 1873, § 3503; Code 1882, § 3503; Civil Code 1895, § 5121; Civil Code 1910, § 5705; Code 1933, § 70-309.
§ 5-5-46. Operation of Rule Nisi as Supersedeas in Criminal Cases; Superseding of Sentence
The rule nisi on a motion for a new trial in a criminal case shall not operate as a supersedeas unless it is so ordered by the court. When requested to do so by the defendant or his counsel, the judge trying the case shall grant an order superseding the sentence until the motion for […]
§ 5-5-47. Right to Give Supersedeas Bond for Bailable Offense Upon Filing of New Trial Motion; Assessment and Approval of Bond
It shall be the right of any person convicted of a crime which is bailable under the law, and in which case a motion for a new trial has been filed as provided by law, to give a supersedeas bond immediately upon the filing of the motion for new trial without having to wait for […]
§ 5-5-48. Time of New Trial Generally
When a new trial has been granted by the court, the case shall be placed on the docket for trial as though no trial had been had, subject to the rules for continuances provided in this Code. History. Orig. Code 1863, § 3646; Code 1868, § 3671; Code 1873, § 3722; Code 1882, § 3722; […]
§ 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 […]