2022 Georgia Code
Title 5 - Appeal and Error
Chapter 5 - New Trial
Article 3 - Procedure
§ 5-5-40. Time of Motion for New Trial Generally; Amendments; Extension of Time for Filing Transcript; Time of Hearing; Priority to Cases in Which Death Penalty Imposed; Appeal Not Limited to Grounds Urged; New Trial on Court’s Own Motion

Universal Citation: GA Code § 5-5-40 (2022)
  1. All motions for new trial, except in extraordinary cases, shall be made within 30 days of the entry of the judgment on the verdict or entry of the judgment where the case was tried without a jury.
  2. The motion may be amended any time on or before the ruling thereon.
  3. Where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court may in its discretion grant an extension of time, except in cases where the death penalty is imposed, for the preparation and filing of the transcript, which may be done any time on or before the hearing; or the court may in its discretion hear and determine the motion before the transcript of evidence and proceedings is prepared and filed.
  4. The grounds of the motion need not be approved by the court.
  5. The motion may be heard at any time; but, where it is not heard at the time specified in the order, it shall stand for hearing at such time as the court by order at any time may prescribe, unless sooner disposed of.
  6. Motions for new trial in cases in which the death penalty is imposed shall be given priority.
  7. On appeal, a party shall not be limited to the grounds urged in the motion or any amendment thereof.
  8. The court also shall be empowered to grant a new trial on its own motion within 30 days from entry of the judgment, except in criminal cases where the defendant was acquitted.

History. Orig. Code 1863, § 3643; Code 1868, § 3668; Code 1873, § 3719; Code 1882, § 3719; Ga. L. 1889, p. 83, § 1; Civil Code 1895, § 5484; Penal Code 1895, § 1063; Civil Code 1910, § 6089; Penal Code 1910, § 1090; Code 1933, § 70-301; Ga. L. 1965, p. 18, § 16; Ga. L. 1973, p. 159, § 5.

Cross references.

Death penalty generally, § 17-10-30 et seq.

Law reviews.

For article outlining proposed revisions of appellate procedure rules with comments, prior to the adoption of the Appellate Practice Act, see 19 Ga. B.J. 145 (1956).

For article, “A Discussion of the 1957 Amendments to Rules of Practice and Procedure in Georgia,” see 19 Ga. B.J. 395 (1957).

For article discussing results of legislative changes in appellate procedure, prior to the enactment of the Appellate Practice Act, see 20 Ga. B.J. 38 (1957).

For article discussing the preparation of an amended motion for new trial and facts concerning appellate practice in general, prior to the adoption of the Appellate Practice Act, see 21 Ga. B.J. 424 (1959).

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 annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986).

For survey of 1995 Eleventh Circuit cases on trial practice and procedure, see 47 Mercer L. Rev. 907 (1996).

For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006).

For note, “Ineffective Assistance of Counsel Blues: Navigating the Muddy Waters of Georgia Law After 2010 State Supreme Court Decisions,” see 45 Ga. L. Rev. 1199 (2011).

For note, “Seen But Not Heard: An Argument for Granting Evidentiary Hearings to Weigh the Credibility of Recanted Testimony,” see 46 Ga. L. Rev. 213 (2011).

For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

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