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2018 Georgia Code 5-5-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-5-42 Case Law from Google Scholar Amendments to OCGA 5-5-42

TITLE 5 APPEAL AND ERROR

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

ARTICLE 3 PROCEDURE

5-5-42. Form for motion for new trial.

  1. The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying therewith shall also be sufficient.

(b) Form for motion for new trial in civil cases:

IN THE ______________ COURT OF ______________ COUNTY

STATE OF GEORGIA

________________ ) Plaintiff ) ) v. ) Civil Action ) File no. ____________ ________________ ) Defendant ) )

MOTION FOR NEW TRIAL

Defendant moves the court to set aside the verdict returned herein on (date) , , and the judgment entered thereon on (date) , , and to grant a new trial on the following grounds: (1) The verdict is contrary to law. (2) The verdict is contrary to the evidence. (3) The verdict is strongly against the weight of the evidence. (4) The court erred in permitting witness Smith to testify as follows: ________________. (5) The court erred in failing to charge the jury on unavoidable accident as requested in writing by defendant. (6) The court erred in charging the jury as follows: _____________. Dated: ________________________. ________________________ Attorney for defendant ________________________ Address

(Here set forth rule nisi and certificate of service.)

The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be sufficient but any other form substantially complying therewith shall also be sufficient.

(d) Form for motion for new trial in criminal cases:

IN THE ______________ COURT OF ______________ COUNTY

STATE OF GEORGIA

________________ ) The State ) ) v. ) Indictment ) Accusation ________________ ) Defendant ) File no. ________

MOTION FOR NEW TRIAL

Defendant moves the court to set aside the verdict returned herein on (date) , , and the sentence entered thereon on (date) , , and to grant a new trial on the following grounds: (1) The defendant should be acquitted and discharged due to the state's failure to prove guilt beyond a reasonable doubt. (2) Although the state proved the defendant's guilt beyond a reasonable doubt, the evidence was sufficiently close to warrant the trial judge to exercise his discretion to grant the defendant a retrial. (3) The court committed an error of law warranting a new trial. Dated: ________________________. ________________________ Attorney for defendant ________________________ Address

(Here set forth rule nisi and certificate of service.)

(Ga. L. 1965, p. 18, § 20; Ga. L. 1983, p. 702, § 1; Ga. L. 1984, p. 22, § 5; Ga. L. 1999, p. 81, § 5.)

Cross references.

- Form of motion to dismiss, presenting defense of failure to state a claim, § 9-11-119.

Law reviews.

- For article, "1966 Amendments to the Appellate Procedure Act of 1965," see 2 Ga. St. B.J. 433 (1966).

JUDICIAL DECISIONS

Testimony objected to must be identified in motion.

- While requirements for contents of amended ground of motion for new trial have been relaxed, statute still requires that testimony objected to be identified. Carroll v. Morrison, 116 Ga. App. 575, 158 S.E.2d 480 (1967).

Motion otherwise correct not void for failure to specify date of judgment.

- Motion for new trial that shows style and number of case, and court in which the case is pending is not void for not specifying date of judgment to be set aside. Berman v. Berman, 231 Ga. 216, 200 S.E.2d 870 (1973).

Subsection (d) not admission of guilt.

- Trial court erred in denying the defendant's request for discharge and acquittal due to the state's failure to prove guilt beyond a reasonable doubt when the trial court perceived paragraph (d)(2) to be an admission that the state had proved guilt beyond a reasonable doubt, and under modern rules of alternative pleading the inconsistent grounds in defendant's motion should not have been used as admissions against the defendant. Hilson v. State, 204 Ga. App. 200, 418 S.E.2d 784 (1992).

Cited in Millhollan v. Watkins Motor Lines, 116 Ga. App. 452, 157 S.E.2d 901 (1967).

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, New Trial, § 343.

18B Am. Jur. Pleading and Practice Forms, New Trial, § 80.

ALR.

- Necessity and propriety of counteraffidavits in opposition to motion for new trial in civil case, 7 A.L.R.3d 1000.

Cases Citing O.C.G.A. § 5-5-42

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Brockman v. State, 292 Ga. 707 (Ga. 2013).

Cited 70 times | Published | Supreme Court of Georgia | Mar 4, 2013 | 739 S.E.2d 332, 2013 Fulton County D. Rep. 406

...ial was not “sufficiently close” to warrant the grant of a new trial as to either the guilt/innocence or the sentencing verdicts indicates that the trial court did in fact exercise its discretion under the relevant statutory provisions. See OCGA § 5-5-42 (c) and (d) (setting forth the suggested “form for motion for new trial in criminal cases” and providing as one of the enumerated grounds for the granting of a new trial that, “[although the state proved the *715defendant’s guilt be...
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Southall v. State, 300 Ga. 462 (Ga. 2017).

Cited 67 times | Published | Supreme Court of Georgia | Jan 23, 2017 | 796 S.E.2d 261

...ice of appeal. See Gillen, 234 Ga. at 311 (1); Livingston, 221 Ga. App. at 565 (1) (“The only problem is that the appellant [or movant] is more prompt than the court, and the [judgment] is entered after the notice [or motion].”). See also OCGA §§ 5-5-42 (requiring that motions for new trial substantially comply with forms that identify the judgment involved); 5-6-37 (notice of appeal must include “a concise statement of the judgment, ruling, or order entitling the appellant to take an appeal”)....
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Ward v. State, 252 Ga. 85 (Ga. 1984).

Cited 26 times | Published | Supreme Court of Georgia | Jan 25, 1984 | 311 S.E.2d 449

...Madison, District Attorney, Michael J. Bowers, Attorney General, Paula K. Smith, Staff Assistant Attorney General, for appellee. Judgment affirmed. All the Justices concur. The jury returned its verdict of guilty on March 17, 1982. A skeleton (now outdated; see OCGA § 5-5-42(c) (Code Ann....