O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
All motions to arrest a judgment must be made to the court by which the judgment was rendered, and the opposite party must have reasonable notice of such motions.
History
Orig. Code 1863, § 3511; Code 1868, § 3534; Code 1873, § 3592; Code 1882, § 3592; Civil Code 1895,
§ 5367; Civil Code 1910, § 5962; Code 1933, § 110-707.
Annotations
JUDICIAL DECISIONS Service on state not required before term of court expired. - Trial court erred in dismissing the defendant’s motion to withdraw a guilty plea, which was filed by letter before the term of court expired but not served on the state, because the state had reasonable notice of the motion to withdraw 18 days before it was first set for a hearing, and over two years before the hearing was eventually held. The court looked to O.C.G.A.
§ 17-9-60 for guidance as to whether the state was required to be served with the motion prior to the expiration of the term of court, and concluded that it was not. McKiernan v. State, 286 Ga. 756, 692 S.E.2d 340 (2010). Cited in Berkeley v. State, 74 Ga. App. 711, 41 S.E.2d 265 (1947); Bowen v. State, 144 Ga. App. 329, 241 S.E.2d 431 (1977); Hill v. State, 183 Ga. App. 654, 360 S.E.2d 4 (1987).
RESEARCH REFERENCES ALR. - Meritorious defense as condition of injunction against or direct attack upon judgment for want of jurisdiction, 118 A.L.R. 1498. Power of lower court to set aside, on ground of fraud, judgment entered pursu-
ant to mandate of, or affirmed by, reviewing court, 146 A.L.R. 1230. Power of court to vacate or modify its judgment or order after expiration of prescribed period upon application made within that period, 168 A.L.R. 204.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1985–2021 · leading case:
McKiernan v. State, 692 S.E.2d 340 (Ga. 2010).
McKiernan v. State, 692 S.E.2d 340 (Ga. 2010).
· cites it 10× “OCGA § 17-9-60 et seq. Such a motion “must be made during the term at which the judgment was obtained.”
Schoicket v. State, 865 S.E.2d 170 (Ga. 2021).
· cites it 4× “33 See OCGA § 17-9-60 et seq. (A party may move in arrest of any criminal judgment within the term at which the judgment was entered for any non- amendable defect that appears on the face of the record or pleadings.”
Hill v. State, 360 S.E.2d 4 (Ga. Ct. App. 1987).
· cites it 2× “See OCGA §§ 17-9-60 & 17-9-61; Lacey v. State, 253 Ga.”
State v. Kight, 332 S.E.2d 363 (Ga. Ct. App. 1985).
· cites it 2× “*67 The statutory authority for modification of a criminal judgment is OCGA § 17-9-60 et seq., which authorizes a motion in arrest of judgment.”
Watson v. State, 706 S.E.2d 194 (Ga. Ct. App. 2011).
· cites it 2× “After that hearing, the trial court entered an order denying the motion to withdraw on grounds including that it did not allege more than a legal conclusion, had been entered only for the purpose of “keep[ing] the record open,” did not relate back, and had been abandoned through…”
Alonso v. State, 378 S.E.2d 354 (Ga. Ct. App. 1989).
· cites it 2× “There is no indication that any objection to the consecutive sentences was made at the time of entry of the sentence and judgment and no motion for arrest of judgment was made.”
Bonner v. State, 601 S.E.2d 478 (Ga. Ct. App. 2004).
· cites it 2× “The statutory authority for modification of a criminal judgment is OCGA § 17-9-60 et seq., which authorizes a motion in arrest of judgment.”
Daniels v. McRae, 350 S.E.2d 317 (Ga. Ct. App. 1986).
· cites it 2× “Thus, even though OCGA § 5-6-38 lists “arrest of judgment” as one of the motions which extends the time for filing a notice of appeal, it apparently refers to criminal appeals (see OCGA §§ 17-9-60 through 17-9-63) because the repealer section of the CPA (Code Ann.”
Billy Edgar Murrell v. State (Ga. Ct. App. 2021).
· cites it 2× “” (footnote omitted)); see also OCGA § 17-9-60 (“All motions to arrest a judgment must be made to the court by which the judgment was rendered, and the opposite party must have reasonable notice of such motions.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.