2010 Georgia Code
Title 5 - APPEAL AND ERROR
Chapter 5 - NEW TRIAL
E - 2. GROUNDS
§ . 5-5-24 -

O.C.G.A. 5-5-24 (2010)
5-5-24. Error in instructions; objection required in civil cases; requested instructions; review of charges involving substantial error


(a) 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 be given to make the objection out of the hearing of the jury. Objection need not be made with the particularity formerly required of assignments of error and need only be as reasonably definite as the circumstances will permit. This subsection shall not apply in criminal cases.

(b) In all cases, at the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may present to the court written requests that it instruct the jury on the law as set forth therein. Copies of requests shall be given to opposing counsel for their consideration prior to the charge of the court. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury but shall instruct the jury after the arguments are completed. The trial judge shall file with the clerk all requests submitted to him, whether given in charge or not.

(c) Notwithstanding any other provision of this Code section, the appellate courts shall consider and review erroneous charges where there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.

HISTORY: Ga. L. 1853-54, p. 46, 1; Code 1863, 3639; Code 1868, 3664; Code 1873, 3715; Ga. L. 1878-79, p. 150, 1; Code 1882, 3715; Civil Code 1895, 5479; Penal Code 1895, 1060; Civil Code 1910, 6084; Penal Code 1910, 1087; Code 1933, 70-207; Ga. L. 1965, p. 18, 17; Ga. L. 1966, p. 493, 6; Ga. L. 1968, p. 1072, 9.

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