matter down hearing in Georgia

2018OCGA § 5-6-41 (f) provides: "Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth." But "[e]vidence never actually admitted at trial cannot properly become a part of the record on appeal pursuant to OCGA § 5-6-41 (f)." Harp v. State , 204 Ga. App. 527 , 527 (1), 420 S.E.2d 6 (1992) (citations omitted). "[A]ny issue as to the c

2018OCGA § 5-6-41 (f) provides: "Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth." But "[e]vidence never actually admitted at trial cannot properly become a part of the record on appeal pursuant to OCGA § 5-6-41 (f)." Harp v. State , 204 Ga. App. 527 , 527 (1), 420 S.E.2d 6 (1992) (citations omitted). "[A]ny issue as to the c

2023In connection with this inquiry, a party may “fil[e] a subpoena to obtain [audio] recordings for the purpose of correcting the transcript.” Undisclosed LLC, 302 Ga. at 432 (4) (a) n. 12.

2021See OCGA § 17-8-5 (a); Allen v. State, 310 Ga. 411, 420 n.9 (6) (851 SE2d 541) (2020). 8 That subsection provides: Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth.

2021See OCGA § 17-8-5 (a); Allen, 310 Ga. at 420 (6) n.9. 8 That subsection provides: Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth.

2021If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected and, if necessary, that a supplemental record shall be certified and transmitted by the clerk of the trial court. 12 Johnson v. State, 302 Ga. 188, 197-198 (3) (c) (805 SE2d 890) (2017).

2021If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected and, if necessary, that a supplemental record shall be certified and transmitted by the clerk of the trial court. 12 Johnson v. State, 302 Ga. 188, 197-198 (3) (c) (805 SE2d 890) (2017).

2021State v. Nejad, 286 Ga. 695, 697 (1) ( 690 SE2d 846 ) (2010) (citation and punctuation omitted).

2021State v. Nejad, 286 Ga. 695, 697 (1) ( 690 SE2d 846 ) (2010) (citation and punctuation omitted).

2015See Regency Club, 253 Ga. at 586 (affirming trial court’s resolution, after interlocutory hearing, of constitutionality of ordinance, where trial court “stated several times” at the hearing that it intended to do so and parties were given full opportunity to present evidence at hearing and brief issues thereafter). 4 The determination of relevancy for appeal purposes is, in any event, better left to the appellate court.

2009When a party to a trial states "the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties, and resolve the difference so as to make the record conform to the truth." Id., OCGA § 5-6-41(f); see In the Interest of C.C.B., 188 Ga.App. 46 (1), 372 S.E.2d 6 (1988).

2009When a party to a trial states "the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties, and resolve the difference so as to make the record conform to the truth." Id., OCGA § 5-6-41(f); see In the Interest of C.C.B., 188 Ga.App. 46 (1), 372 S.E.2d 6 (1988).

2005“This provision exists solely for the purpose of making the record speak the truth for purposes of appellate review, not for adding evidence to the record or amending deficiencies after appellate review is concluded” (Emphasis supplied.) Wright v. State, 275 Ga. 788, 789 ( 573 SE2d 361 ) (2002).

2005“This provision exists solely for the purpose of making the record speak the truth for purposes of appellate review, not for adding evidence to the record or amending deficiencies after appellate review is concluded” (Emphasis supplied.) Wright v. State, 275 Ga. 788, 789 ( 573 SE2d 361 ) (2002).

1992“Any issue as to the correctness of the record is to be resolved by the trial court, for that court retains jurisdiction even after the case is docketed in this Court to add additional record, and is still the final arbiter of any differences in the preparation of the record.” (Citations and punctuation omitted.) Pelletier v. Schultz, 157 Ga. App. 64, 68 ( 276 SE2d 118 ) (1981).

1992“Any issue as to the correctness of the record is to be resolved by the trial court, for that court retains jurisdiction even after the case is docketed in this Court to add additional record, and is still the final arbiter of any differences in the preparation of the record.” (Citations and punctuation omitted.) Pelletier v. Schultz, 157 Ga. App. 64, 68 ( 276 SE2d 118 ) (1981).

1983See King v. Ingram, 250 Ga. 887 ( 302 SE2d 105 ) (1983).

1983See King v. Ingram, 250 Ga. 887 ( 302 SE2d 105 ) (1983).

1981Any issue as to the correctness of the record is to be resolved by the trial court (Patterson v. State, 233 Ga. 724, 731 ( 213 SE2d 612 )), for that court retains jurisdiction even after the case is docketed in this Court to add additional record (G.

1981Any issue as to the correctness of the record is to be resolved by the trial court (Patterson v. State, 233 Ga. 724, 731 ( 213 SE2d 612 )), for that court retains jurisdiction even after the case is docketed in this Court to add additional record (G.