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2018 Georgia Code 5-5-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-5-43 Case Law from Google Scholar Amendments to OCGA 5-5-43

TITLE 5 APPEAL AND ERROR

Section 5. New Trial, 5-5-1 through 5-5-51.

ARTICLE 3 PROCEDURE

5-5-43. Allowance of filing of motion by judge other than trial judge.

A judge who did not try the case may, if presented with a motion for new trial within 30 days from the date of the verdict or judgment sought to be set aside, allow the filing of, issue rule nisi thereon, and decide the motion either where he is presiding in the court in which the trial was had, or where he is named in the rule, or where he is otherwise authorized by law to do so.

(Code 1863, § 3644; Code 1868, § 3669; Code 1873, § 3720; Code 1882, § 3720; Civil Code 1895, § 5486; Civil Code 1910, § 6091; Code 1933, § 70-103; Ga. L. 1957, p. 224, § 13.)

History of section.

- This Code section is derived from the decision in Field v. Thornton, 1 Ga. 306 (1846).

Law reviews.

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

JUDICIAL DECISIONS

Death of presiding judge before motion is heard does not automatically require new trial. However, language used in overruling motion will be scrutinized to determine if successor shows that judge, in overruling the motion, did not exercise any discretion in reviewing the verdict. Town of Woodland v. Carter Constr. Co., 65 Ga. App. 547, 16 S.E.2d 129 (1941).

When presiding judge dies pending motion for new trial, the judge's successor must hear and determine the motion. Town of Woodland v. Carter Constr. Co., 65 Ga. App. 547, 16 S.E.2d 129 (1941).

Judge acting in another's place cannot grant continuance of motion ordered tried in another county. Brantley v. Hass, 69 Ga. 748 (1882).

As to approval of amendments.

- See Watkins v. Paine, 57 Ga. 50 (1876); Central R.R. & Banking Co. v. Pool, 95 Ga. 410, 22 S.E. 631 (1895).

Cited in Fletcher v. Gillespie, 201 Ga. 377, 40 S.E.2d 45 (1946); Wallace v. Speed, 93 Ga. App. 120, 91 S.E.2d 53 (1955); Golden v. Credico, Inc., 124 Ga. App. 700, 185 S.E.2d 578 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, New Trial, § 379 et seq.

C.J.S.

- 66 C.J.S., New Trial, §§ 52, 181, 182, 272.

ALR.

- Power of successor or substituted judge, in civil case, to render decision or enter judgment on testimony heard by predecessor, 84 A.L.R.5th 399.

Cases Citing O.C.G.A. § 5-5-43

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Wilson v. State, 302 Ga. 106 (Ga. 2017).

Cited 29 times | Published | Supreme Court of Georgia | Sep 13, 2017 | 805 S.E.2d 98

...at 772 (same). (c) Wilson also attacks the denial of his new trial motion on the ground that it was decided by a different, judge than the judge who had presided at his trial. But there is no prohibition on a successor judge deciding a new trial motion. Quite to the contrary, our Code expressly authorizes it in OCGA § 5-5-43: “Ajudge who did not try the case may, if presented with a motion for new trial within 30 days from the date of the verdict or judgment sought to be set aside, allow the filing of, issue rule nisi thereon, and decide the motion ....
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Jones v. State, 915 S.E.2d 631 (Ga. 2025).

Published | Supreme Court of Georgia | May 6, 2025 | 321 Ga. 398

...uch a right. In fact, the Georgia Code expressly contemplates that a successor judge who did not try the case may rule on and grant a motion for new trial, which necessarily includes the authorization to rule on a general-grounds claim. See OCGA § 5-5-43 (“A judge who did not try the case may, if presented with a motion for new trial within 30 days from the date of the verdict or judgment sought to be set aside ....
...constituted an abandonment by counsel or that such delay deprived him of any cognizable claim or due process of law. 6 to have the trial judge preside over his motion for new trial hearing and noting that OCGA § 5-5-43 “clearly authorizes a judge who did not try a case to preside over and decide a motion for new trial”). Of course, Jones certainly is entitled to have his general- grounds claim considered by the trial court under the proper standard.4 See, e.g., Holmes v....