2025 Code of Georgia
Title 5 - Appeal and Error (Chs. 1 — 7)
Chapter 5 - New Trial (Arts. 1 — 3)
Article 3 - Procedure (§§ 5-5-40 — 5-5-51)
Annotations
JUDICIAL DECISIONS
Single motion for new trial improper when different judgments entered as to parties tried together. —In suit between different parties tried together wherein different verdicts and judgments were entered, it is not proper for single motion for new trial to be filed in name of both plaintiffs. Allen v. Woods, 44 Ga. App. 430, 161 S. E. 655, 1931 Ga. App. LEXIS 749 (1931) (decided under former Code 1933, § 70-301).
Out of time appeal rejected. —Trial court order rejecting the defendant’s amended motion for an out of time appeal was affirmed because the defendant’s attempt to amend the already adjudicated motion for an out-of-time appeal was untimely and jurisdictionally improper before the trial court. Moore v. State, 303 Ga. 743, 814 S. E.2d 676, 2018 Ga. LEXIS 360 (2018).
Research References & Practice Aids
Cross references.Disqualification of judge from presiding over new trial if judge expresses approval or disapproval of jury verdict, § 9-10-8.
Joining of motion for new trial with motion for directed verdict, §§ 9-11-50, 17-9-22.
RESEARCH REFERENCES ALR.Inability to perfect record for appeal as ground for new trial, 16 A. L. R. 1158; 107 A. L. R. 603.
Motion for new trial as suspension or stay of execution or judgment, 121 A. L. R. 686.
Right of trial court to grant new trial as affected by appellate proceedings, 139 A. L. R. 340.
Propriety of limiting to issue of damages alone new trial granted on ground of inadequacy of damages awarded, 29 A. L. R.2d 1199.
Propriety of increased punishment on new trial for same offense, 12 A. L. R.3d 978.
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.
Hierarchy Notes:O. C. G. A. Title 5
O. C. G. A. Title 5, Ch. 5
- § 5-5-40. Time of motion for new trial generally; amendments; extension of time for filing transcript; time of hearing; grounds of appeal; power of court
- § 5-5-41. Requirements as to extraordinary motions for new trial generally; notice of filing of motion; limitations as to number of extraordinary motions in criminal cases; DNA testing
- § 5-5-42. Form for motion for new trial
- § 5-5-43. Allowance of filing of motion by judge other than trial judge
- § 5-5-44. Service of rule nisi; filing and recordation of motion
- § 5-5-45. Amendment of rule nisi
- § 5-5-46. Operation of rule nisi as supersedeas in criminal cases; superseding of sentence
- § 5-5-47. Right to give supersedeas bond for bailable offense upon filing of new trial motion; assessment and approval of bond
- § 5-5-48. Time of new trial generally
- § 5-5-49. Trial of cases returned for new trial by appellate courts
- § 5-5-50. Standard for review by appellate court of first grant of new trial
- § 5-5-51. Written basis for exercise of judicial discretion for new trial
