2023 CODE OF GEORGIA
Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6)
Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51)
Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51)
Section 5-5-49 - Trial of cases returned for new trial by appellate courts

Universal Citation:
GA Code § 5-5-49 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

  • (a) A case decided by the Supreme Court or Court of Appeals which is not finally disposed of by the decision shall stand for further hearing at the term next ensuing after the decision by the appellate court unless the lower court is in session when the decision is made, in which event it shall stand for trial during such term of the lower court.
  • (b) The clerk of the lower court, upon receipt of the remittitur of the appellate court, shall docket the case for trial in accordance with subsection (a) of this Code section.
  • (c) The judge presiding may in his discretion postpone the hearing of any such case to a day in the term as to him may seem reasonable; or, if necessary to give proper time for preparation, he may continue the case until the next term of the court.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.