Title 5 — Appeal And Error
0 chapters · 53 sections in this title.
O.C.G.A. § 5-5-20 Verdict contrary to evidence and justice
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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. (Laws 1799, Cobb’s 1851 Digest, p. 503; Code 1863, § 3637; Code 1868, § 3662; Code 1873, § 3713; Code 1882…
O.C.G.A. § 5-5-21 Verdict against weight of evidence
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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. (Ga. L. 1853-54, p. …
O.C.G.A. § 5-5-22 Cooper v
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State, 287 Ga. 861, 700 S.E.2d 593 (2010), overruled on other grounds, Smith v. State, 290 Ga. 768, 723 S.E.2d 915 (2012). Expert testimony. — Trial court erred in admitting, over objection, the testimony of the parents’ expert witness about the standard of care in the day-care i…
O.C.G.A. § 5-5-23 Newly discovered evidence
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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 w…
O.C.G.A. § 5-5-24 King Cotton, Ltd
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v. Powers, 190 Ga. App. 845, 380 S.E.2d 481 (1989). ‘‘Deadly force’’ instruction given when police prosecuted. — In a prosecution against police officers for manslaughter, arising out of the shooting of the victim in a parking lot following a report that the victim had threatened…
O.C.G.A. § 5-5-25 Whitaker v
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State, 276 Ga. App. 226, 622 S.E.2d 916 (2005). Trial court committed reversible error 373 Page: 374 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0000 41826-12 GA RV 13 RV 4(T4-6) - EP Application (Cont’d) 3. Grounds Warranting New Trial (Cont’d) when the court d…
O.C.G.A. § 5-5-42 Form for motion for new trial
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(a) 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. 445 Page: 446 Job Path: @psc3912/cville_data1/stcodes/ga/lexis/ep_rv_04_txt 0…
O.C.G.A. § 5-5-44 Service of rule nisi; filing and recordation of motion
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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 case…
O.C.G.A. § 5-5-45 Amendment of rule nisi
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A rule nisi for a new trial may be amended by adding new grounds not taken at the time the motion was filed. (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.)
O.C.G.A. § 5-5-48 Time of new trial generally
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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. (Orig. Code 1863, § 3646; Code 1868, § 3671; Code 1873, § 3722; Code 1882, § 3722; 454 Pa…
O.C.G.A. § 5-5-49 Trial of cases returned for new trial by appellate courts
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(a) 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…