2021 Georgia Code
Title 5 - Appeal and Error
Chapter 5 - New Trial
Article 2 - Grounds
§ 5-5-24. Error in Instructions; Objection Required in Civil Cases; Requested Instructions; Review of Charges Involving Substantial Error

1. 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.
2. 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.
3. 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.

(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.)

- Granting of new trials in instances where judge expresses opinion as to what has or has not been proved or, in criminal actions, expresses the judge's opinion as to guilt of accused, §§ 9-10-7 and17-8-55.

- For article arguing for and against adoption of Rule 51 of the Federal Rules of Civil Procedure, so as to require objections to charges before verdict, see 1 Ga. St. B.J. 177 (1964). For article, "The Appellate Procedure Act of 1965," see 1 Ga. St. B.J. 451 (1965). For article, "1966 Amendments to the Appellate Procedure Act of 1965," see 2 Ga. St. B.J. 433 (1966). For article comparing sections of Ch. 11, T. 5 with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967). For article, "Synopses of 1968 Amendments Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B.J. 503 (1968). For article, "Trial Practice and Procedure," see 53 Mercer L. Rev. 475 (2001). For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006). For survey article on appellate practice and procedure, see 59 Mercer L. Rev. 21 (2007). For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007). For comment on Bibb Transit Co. v. Johnson, 107 Ga. App. 804, 131 S.E.2d 631 (1963), see 16 Mercer L. Rev. 347 (1964).

ANALYSIS

• General Consideration
• Requested Instructions
• Jury Charge
• Objections to Charge or Failure to Charge
• Substantial Error as a Matter of Law

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, New Trial, § 240 et seq.

- 66 C.J.S., New Trial, § 70 et seq.

- Instruction mentioning or suggesting specific sum as damages in action for personal injury or death, 2 A.L.R.2d 454.

Right of accused to additional argument on matters covered by amended or additional instructions, 15 A.L.R.2d 490.

Error as to instructions on burden of proof under doctrine of res ipsa loquitur as prejudicial, 29 A.L.R.2d 1390.

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

Duty of trial court to instruct on self-defense, in absence of request by accused, 56 A.L.R.2d 1170.

Right of defendant to complain, on appellate review, of instructions favoring codefendant, 60 A.L.R.2d 524.

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.

Instructions on sudden emergency in motor vehicle cases, 80 A.L.R.2d 5.

Provision in Rule 51, Federal Rules of Civil Procedure, and similar state rules and statutes, requiring court to inform counsel, prior to argument to jury, of its proposed action upon requests for instructions, 91 A.L.R.2d 836.

Giving, in accused's absence, additional instruction to jury after submission of felony case, 94 A.L.R.2d 270.

Instructions in a personal injury action which, in effect, tell jurors that in assessing damages they should put themselves in injured person's place, 96 A.L.R.2d 760.

Instruction as to possible effect of verdict on insurance rates as prejudicial error, 100 A.L.R.2d 345.

Prejudicial effect of statement of court that if jury makes mistake in convicting it can be corrected by other authorities, 5 A.L.R.3d 974.

Permitting documents or tape recordings containing confessions of guilt of incriminating admissions to be taken into jury room in criminal case, 37 A.L.R.3d 238.

Duty of court, in absence of specific request, to instruct on subject of alibi, 72 A.L.R.3d 547.

Propriety and prejudicial effect of instructions on credibility of alibi witnesses, 72 A.L.R.3d 617.

Instructions to jury: sympathy to accused as appropriate factor in jury consideration, 72 A.L.R.3d 842.

Propriety of, or prejudicial effect of omitting or of giving, instruction to jury, in prosecution for rape or other sexual offense, as to ease of making or difficulty of defending against such a charge, 92 A.L.R.3d 866.

Lesser-related state offense instructions: modern status, 50 A.L.R.4th 1081.