2021 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 1 - General Provisions
§ 9-10-7. Expression by Judge of Opinion in Case Reversible Error
It is error for any judge, during the progress of any case, or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved. Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error, the decision in the case shall be reversed, and a new trial shall be granted in the court below with such directions as the Supreme Court or the Court of Appeals may lawfully give.
(Laws 1850, Cobb's 1851 Digest, p. 462; Code 1863, § 3172; Code 1868, § 3183; Code 1873, § 3248; Code 1882, § 3248; Civil Code 1895, § 4334; Penal Code 1895, § 1032; Civil Code 1910, § 4863; Penal Code 1910, § 1058; Code 1933, § 81-1104.)
Cross references.- Effect of prejudicial statements to jury by counsel, § 9-10-185.
Corresponding provision relating to criminal procedure, § 17-8-57.
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Objections
- New Trial Required
- Application
RESEARCH REFERENCES
Am. Jur. 2d.
- 75 Am. Jur. 2d, Trial, § 276 et seq.
C.J.S.- 89 C.J.S., Trial, § 520 et seq.
ALR.
- Propriety and correctness of instructions regarding maxim "falsus in uno, falsus in omnibus," 90 A.L.R. 74.
Propriety and effect of instruction or requested instruction which either affirms or denies jury's right to draw unfavorable inference against a party because he invokes privilege against testimony of person offered as witness by the other party or because he fails to call such person as a witness, 131 A.L.R. 693.
Comments in judge's charge to jury disparaging expert testimony, 156 A.L.R. 530.
Instruction mentioning or suggesting specific sum as damages in action for personal injury or death, 2 A.L.R.2d 454.
Coercive effect of verdict - urging by judge in civil case, 19 A.L.R.2d 1257.
Prejudicial effect of judge's disclosure to jury of motions or proceedings in chambers in civil case, 77 A.L.R.2d 1253.
Propriety and prejudicial effect of instructions referring to the degree or percentage of contributory negligence necessary to bar recovery, 87 A.L.R.2d 1391.
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.
Propriety and prejudicial effect of instructions in civil case as affected by the manner in which they are written, 10 A.L.R.3d 501.
Propriety and prejudicial effect of comment or instruction by court with respect to party's refusal to permit introduction of privileged testimony, 34 A.L.R.3d 775.
Propriety and prejudicial effect of trial court's inquiry as to numerical division of jury, 77 A.L.R.3d 769.
Pendency of criminal prosecution as ground for continuance or postponement of civil action involving facts or transactions upon which prosecution is predicated - state cases, 37 A.L.R.6th 511.
