2021 Georgia Code
Title 5 - Appeal and Error
Chapter 5 - New Trial
Article 2 - Grounds
§ 5-5-20. Verdict Contrary to Evidence and Justice
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, § 3713; Civil Code 1895, § 5477; Penal Code 1895, § 1057; Civil Code 1910, § 6082; Penal Code 1910, § 1084; Code 1933, § 70-202.)
Law reviews.- For survey of cases dealing with criminal law and criminal procedure from June 1, 1977 through May 1978, see 30 Mercer L. Rev. 27 (1978).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Judgment Notwithstanding Verdict
- Application
- Appeal from Denial of New Trial
RESEARCH REFERENCES
Am. Jur. 2d.
- 58 Am. Jur. 2d, New Trial, § 245 et seq.
C.J.S.- 23 C.J.S., Criminal Law, §§ 1972, 1973. 66 C.J.S., New Trial, § 117 et seq.
ALR.
- Abuse of witness by counsel as ground for new trial or reversal, 4 A.L.R. 414.
Power of court to reduce or increase verdict without giving party affected the option to submit to a new trial, 53 A.L.R. 779; 95 A.L.R. 1163.
Power of trial court to dismiss defendant in criminal case for insufficiency of evidence after submitting case to jury or after verdict of guilty, 131 A.L.R. 187.
Court's power to grant new trial as to both defendants, over their objection, because of verdict holding employer and absolving employee for latter's negligence, 16 A.L.R.2d 969.
Propriety of limiting to issue of damages alone new trial granted on ground of inadequacy of damages awarded, 29 A.L.R.2d 1199.
Prejudicial effect of misconduct by one other than juror during authorized view by jury in civil case, 45 A.L.R.2d 1128.
Verdict for money judgment which finds for party for ambiguous or no amount, 49 A.L.R.2d 1328.
Disclosure in criminal case of juror's political, racial, religious, or national origin prejudice against accused or witnesses as ground for new trial or reversal, 91 A.L.R.2d 1120.
Discussion, during jury deliberation, of possible insurance coverage as prejudicial misconduct, 47 A.L.R.3d 1299.
Standard for granting or denying new trial in state criminal case on basis of recanted testimony - modern cases, 77 A.L.R.4th 1031.
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.
Excessiveness or adequacy of damages awarded for injuries causing mental or psychological damage, 52 A.L.R.5th 1.
Inattention of juror from sleepiness or other cause as ground for reversal or new trial, 59 A.L.R.5th 1.
