2020 Georgia Code
Title 5 - Appeal and Error
Chapter 5 - New Trial
Article 2 - Grounds
§ 5-5-25. Other Grounds

Universal Citation: GA Code § 5-5-25 (2020)

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.

(Orig. Code 1863, § 3642; Code 1868, § 3667; Code 1873, § 3718; Code 1882, § 3718; Civil Code 1895, § 5483; Penal Code 1895, § 1062; Civil Code 1910, § 6088; Penal Code 1910, § 1089; Code 1933, § 70-208; Ga. L. 2013, p. 141, § 5/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised punctuation in this Code section.

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, New Trial, § 13 et seq.

Ineffective Assistance of Counsel, 5 POF2d 267.

C.J.S.

- 23A C.J.S., Criminal Law, § 1928 et seq. 66 C.J.S., New Trial, § 1 et seq.

ALR.

- Contract between juror and party or attorney during trial of civil case as ground for new trial, 55 A.L.R. 750; 62 A.L.R.2d 298.

Duty of attorney to call witness or to procure or aid in procuring his attendance, 56 A.L.R. 174.

Conduct of party in court room tending improperly to influence jury as ground for reversal or new trial, 57 A.L.R. 62.

Incompetency, negligence, illness, or the like, of counsel, as a ground for new trial or reversal in criminal case, 64 A.L.R. 436.

Comments by judge during examination or cross-examination of defendant in criminal trial as ground for new trial or reversal, 65 A.L.R. 1270.

Instruction or evidence as to conspiracy where there is no charge of conspiracy in indictment or information, 66 A.L.R. 1311.

Statement by witness after criminal trial tending to show that his testimony was perjured as ground for new trial, 74 A.L.R. 757, 158 A.L.R. 1062.

Counsel's appeal to racial, religious, social, or political prejudices or prejudice against corporations as ground for a new trial or reversal, 78 A.L.R. 1438.

Right of court to instruct or to communicate with jury in civil case in absence of counsel, 84 A.L.R. 220.

Irregularity in drawing names for a jury panel as ground of complaint by defendant in criminal prosecution, 92 A.L.R. 1109.

Excusing qualified juror drawn in criminal case as ground of complaint by defendant, 96 A.L.R. 508.

Knowledge by defendant or his attorney, before return of verdict in criminal case, of misconduct in connection with jury after their retirement as affecting right to new trial or reversal, 96 A.L.R. 530.

Furnishing or reading instructions to jury, in jury room, after retirement, as error, 96 A.L.R. 899.

Brief voluntary absence of defendant from court room during trial of criminal case as ground of error, 100 A.L.R. 478.

Inability to perfect record for appeal as ground for new trial, 107 A.L.R. 603.

Failure to comply with statute, constitutional provision, or court rule providing for giving instructions to jury in writing as prejudicial or reversible error, 115 A.L.R. 1332.

Disqualifying relationship unknown to juror as ground of new trial in criminal case, 116 A.L.R. 679.

Remedy of one convicted of crime while insane, 121 A.L.R. 267.

Impersonation or false statement by juror as to his identity as ground for new trial, 127 A.L.R. 717.

Statements, comments, or conduct of court or counsel regarding perjury, as ground for new trial or reversal in civil action or criminal prosecution other than for perjury, 127 A.L.R. 1385.

Physical condition or conduct of party, his family, friends, or witnesses during trial, tending to arouse sympathy of jury, as ground for continuance or mistrial, 131 A.L.R. 323.

Statements by a witness after criminal trial tending to show that his testimony was perjured, as ground for new trial, 158 A.L.R. 1062.

Reversal upon appeal by, or grant of new trial to, one coparty defendant against whom judgment was rendered, as affecting judgment in favor of other coparty defendants, 166 A.L.R. 563.

Contact or communication between juror and party or counsel during trial of civil case as ground for mistrial, new trial, or reversal, 62 A.L.R.2d 298.

Statements of witness in civil action secured after trial, inconsistent with his testimony, as basis for new trial on ground of newly discovered evidence, 10 A.L.R.2d 381.

Conditioning the setting aside of judgment or grant of new trial on payment of opposing attorney's fees, 21 A.L.R.2d 863.

Prejudicial effect of argument or remark that adversary was attempting to suppress facts, 29 A.L.R.2d 996.

Absence of judge from courtroom during criminal trial prior to time of reception of verdict, 34 A.L.R.2d 683.

Grant of new trial on issue of liability alone, without retrial of issue of damages, 34 A.L.R.2d 988.

New trial in criminal case because of newly discovered evidence as to sanity of prosecution witness, 49 A.L.R.2d 1247.

Remarks or acts of trial judge criticizing, rebuking, or punishing defense counsel in criminal case, as requiring new trial or reversal, 62 A.L.R.2d 166.

Contact or communication between juror and party or counsel during trial of civil case as ground for mistrial, new trial, or reversal, 62 A.L.R.2d 298.

Contact or communication between juror and outsider during trial of civil case as ground for mistrial, new trial, or reversal, 64 A.L.R.2d 158.

Propriety, and effect as double jeopardy, of court's grant of new trial on own motion in criminal case, 85 A.L.R.2d 486.

Consent as ground of vacating judgment, or granting new trial, in civil case, after expiration of term or time prescribed by statute or rules of court, 3 A.L.R.3d 1191.

Prejudicial effect of statement of prosecutor that if jury makes mistake in convicting it can be corrected by other authorities, 3 A.L.R.3d 1448.

Absence of judge from courtroom during trial of civil case, 25 A.L.R.3d 637.

Counsel's reference in criminal case to wealth, poverty, or financial status of defendant or victim as ground for mistrial, new trial, or reversal, 36 A.L.R.3d 839.

Discussion, during jury deliberation, of possible insurance coverage as prejudicial misconduct, 47 A.L.R.3d 1299.

Propriety and prejudicial effect of prosecutor's remarks as to victim's age, family circumstances, or the like, 50 A.L.R.3d 8.

Counsel's appeal in civil case to self-interest or prejudice of jurors as taxpayers, as ground for mistrial, new trial, or reversal, 93 A.L.R.3d 556.

Emotional manifestations by victim or family of victim during criminal trial as ground for reversal, new trial, or mistrial, 31 A.L.R.4th 229.

Prejudicial effect of jury's procurement or use of book during deliberations in civil cases, 31 A.L.R.4th 623.

Prejudicial effect of jury's procurement or use of book during deliberations in criminal cases, 35 A.L.R.4th 626.

Communication between court officials or attendants and jurors in criminal trial as ground for mistrial or reversal - Post-Parker cases, 35 A.L.R.4th 890.

Deafness of juror as ground for impeaching verdict, or securing new trial or reversal on appeal, 38 A.L.R.4th 1170.

Juror's reading of newspaper account of trial in state criminal case during its progress as ground for mistrial, new trial, or reversal, 46 A.L.R.4th 11.

Court reporter's death or disability prior to transcribing notes as grounds for reversal or new trial, 57 A.L.R.4th 1049.

Prosecutor's appeal in criminal case to self-interest or prejudice of jurors as taxpayers as ground for reversal, new trial, or mistrial, 60 A.L.R.4th 1063.

Modern status of sudden emergency doctrine, 10 A.L.R.5th 680.

Prejudicial effect of statement by prosecutor that verdict, recommendation of punishment, or other finding by jury is subject to review or correction by other authorities, 10 A.L.R.5th 700.

Prejudicial effect, in civil case, of communications between court officials or attendants and jurors, 31 A.L.R.5th 572.

Excessiveness or adequacy of damages awarded for injuries causing mental or psychological damage, 52 A.L.R. 5th 1.

Nature and determination of prejudice caused by remarks or acts of state trial judge criticizing, rebuking, or punishing defense counsel in criminal case as requiring new trial or reversal - Individualized determinations, 104 A.L.R.5th 357.

ARTICLE 3 PROCEDURE

Cross references.

- Disqualification of judge from presiding over new trial if judge expresses approval or disapproval of jury verdict, § 9-10-8.

Joining of motion for new trial with motion for directed verdict, §§ 9-11-50,17-9-22.

JUDICIAL DECISIONS

Single motion for new trial improper when different judgments entered as to parties tried together.

- In suit between different parties tried together wherein different verdicts and judgments were entered, it is not proper for single motion for new trial to be filed in name of both plaintiffs. Allen v. Woods, 44 Ga. App. 430, 161 S.E. 655 (1931) (decided under former Code 1933, § 70-301).

Out of time appeal rejected.

- Trial court order rejecting the defendant's amended motion for an out of time appeal was affirmed because the defendant's attempt to amend the already adjudicated motion for an out-of-time appeal was untimely and jurisdictionally improper before the trial court. Moore v. State, 303 Ga. 743, 814 S.E.2d 676 (2018).

RESEARCH REFERENCES

ALR.

- Inability to perfect record for appeal as ground for new trial, 16 A.L.R. 1158; 107 A.L.R. 603.

Motion for new trial as suspension or stay of execution or judgment, 121 A.L.R. 686.

Right of trial court to grant new trial as affected by appellate proceedings, 139 A.L.R. 340.

Propriety of limiting to issue of damages alone new trial granted on ground of inadequacy of damages awarded, 29 A.L.R.2d 1199.

Propriety of increased punishment on new trial for same offense, 12 A.L.R.3d 978.

Propriety of limiting to issue of damages alone new trial granted on ground of inadequacy of damages - modern cases, 5 A.L.R.5th 875.

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