2010 Georgia Code
Title 5 - APPEAL AND ERROR
Chapter 5 - NEW TRIAL
E - 3. PROCEDURE
§ . 5-5-42 -

O.C.G.A. 5-5-42 (2010)
5-5-42. Form for motion for new trial


(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.

(b) Form for motion for new trial in civil cases:


IN THE COURT OF COUNTY


STATE OF GEORGIA






)

Plaintiff )

)
v. ) Civil Action

) File no.

)

Defendant )

)


MOTION FOR NEW TRIAL





Defendant moves the court to set aside the verdict returned herein on
(date) , , and the judgment entered thereon on (date) ,
, and to grant a new trial on the following grounds:

(1) The verdict is contrary to law.

(2) The verdict is contrary to the evidence.

(3) The verdict is strongly against the weight of the evidence.
(4) The court erred in permitting witness Smith to testify as follows:
.
(5) The court erred in failing to charge the jury on unavoidable
accident as requested in writing by defendant.

(6) The court erred in charging the jury as follows: .

Dated: .

Attorney for defendant

Address


(Here set forth rule nisi and certificate of service.)


(c) The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be sufficient but any other form substantially complying therewith shall also be sufficient.

(d) Form for motion for new trial in criminal cases:


IN THE COURT OF COUNTY


STATE OF GEORGIA






)

The State )

)
v. ) Indictment

) Accusation

)

Defendant ) File no.


MOTION FOR NEW TRIAL

Defendant moves the court to set aside the verdict returned herein on
(date) , , and the sentence entered thereon on (date) ,
, and to grant a new trial on the following grounds:




(1) The defendant should be acquitted and discharged due to the state's
failure to prove guilt beyond a reasonable doubt.




(2) Although the state proved the defendant's guilt beyond a reasonable
doubt, the evidence was sufficiently close to warrant the trial judge to
exercise his discretion to grant the defendant a retrial.




(3) The court committed an error of law warranting a new trial.





Dated: .





Attorney for defendant





Address


(Here set forth rule nisi and certificate of service.)


HISTORY: Ga. L. 1965, p. 18, 20; Ga. L. 1983, p. 702, 1; Ga. L. 1984, p. 22, 5; Ga. L. 1999, p. 81, 5.