2022 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 8 - Argument and Conduct of Counsel
§ 9-10-185. Prejudicial Statements by Counsel; Prevention by Court; Rebuke of Counsel and Instruction to Jury; Mistrial
Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall also rebuke counsel and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds. In its discretion, the court may order a mistrial if the plaintiff’s attorney is the offender.
History. Civil Code 1895, § 4419; Civil Code 1910, § 4957; Code 1933, § 81-1009.
History of Code section.
This Code section is derived from the decisions in Augusta & S.R.R. v. Randall, 85 Ga. 297 , 11 S. E. 706 (1890); Croom v. State, 90 Ga. 430 , 17 S. E. 1003 (1892); Metropolitan St. R.R. v. Johnson, 90 Ga. 501 , 16 S. E. 49 (1892); and Farmer v. State, 91 Ga. 720 , 18 S. E. 987 (1893).
Cross references.
Effect of judge’s expression to jury of opinion of factual issue or expression of approval or disapproval of jury verdict, §§ 9-10-7 , 9-10-8 .
Similar provision pertaining to criminal actions, § 17-8-75 .
Law reviews.
For note, “Argument of Counsel,” see 1 Ga. L. Rev. No. 1 p. 44 (1927).
