Return of verdict.

- In all civil cases, the jury is required to return a verdict according to law as given to the jury in the charge by the court. Eiberger v. Martel Elec. Sales, Inc., 125 Ga. App. 253, 187 S.E.2d 327 (1972).

Jury is not responsible for consequences of the jury's verdict, but is responsible for the truth of the jury's verdict. McFall v. State, 101 Ga. App. 44, 112 S.E.2d 691 (1960).

Oath in criminal cases.

- Former Penal Code 1895, § 979 (see now O.C.G.A. § 15-12-139) and not former Penal Code 1895, § 856 (see now O.C.G.A. § 15-12-138) prescribed the oath in criminal cases. Taylor v. State, 121 Ga. 348, 49 S.E. 303 (1904); Merritt v. State, 152 Ga. 405, 110 S.E. 160 (1921).

Jurors are under oath pending entire proceeding of trial including publication of the verdict. Pan-American Wall Paper & Paint Co. v. Tudor, 81 Ga. App. 417, 59 S.E.2d 12 (1950).

Oath need not be made before motion.

- In a civil case, there can be no procedural requirement that a Batson motion (motion under Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986)) be made prior to the trial jury being sworn because no statute requires the administration of a separate oath subsequent to selection of a trial jury in a civil action. Strozier v. Clark, 206 Ga. App. 85, 424 S.E.2d 368 (1992).

Oath need not be administered to jurors one at a time. Williams v. State, 31 Ga. App. 173, 120 S.E. 131 (1923).

Objection after verdict to form of oath will be denied. Candler v. Hammond, 23 Ga. 493 (1857).

Timeliness of jury selection challenge for discrimination.

- Challenges to the alleged use of racially discriminatory peremptory challenges in a civil trial should be raised no later than would preserve the opportunity to correct any violation without resetting the trial, and because challenges brought before the administration of the oath to a jury panel may be premature, a challenge brought after the jury was selected and certain members released was made relatively, and permissively, promptly within the course of the proceedings. Calhoun v. Purvis, 206 Ga. App. 565, 425 S.E.2d 901 (1992).

Cited in Werk v. Big Bunker Hill Mining Corp., 193 Ga. 217, 17 S.E.2d 825 (1941); Grasham v. Southern Ry., 111 Ga. App. 158, 141 S.E.2d 189 (1965); Barner v. State, 139 Ga. App. 50, 227 S.E.2d 874 (1976); Gober v. State, 247 Ga. 652, 278 S.E.2d 386 (1981); Gilreath v. State, 247 Ga. 744, 279 S.E.2d 650 (1981); Aldridge v. State, 158 Ga. App. 719, 282 S.E.2d 189 (1981); Taylor v. State, 264 Ga. App. 665, 592 S.E.2d 148 (2003).

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 191 et seq.

C.J.S.

- 50A C.J.S., Juries, § 520.