2020 Georgia Code
Title 5 - Appeal and Error
Chapter 5 - New Trial
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.


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).



- 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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