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2018 Georgia Code 5-5-45 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-5-45 Case Law from Google Scholar Amendments to OCGA 5-5-45

TITLE 5 APPEAL AND ERROR

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

ARTICLE 3 PROCEDURE

5-5-45. Amendment of rule nisi.

A rule nisi for a new trial may be amended by adding new grounds not taken at the time the motion was filed.

(Orig. Code 1863, § 3432; Code 1868, § 3452; Code 1873, § 3503; Code 1882, § 3503; Civil Code 1895, § 5121; Civil Code 1910, § 5705; Code 1933, § 70-309.)

JUDICIAL DECISIONS

Amendment may be made at any time before motion is finally disposed of. Tifton, T. & G. Ry. v. Chastain, 122 Ga. 250, 50 S.E. 105 (1905); Albritton v. Tygart, 9 Ga. App. 361, 71 S.E. 512 (1911).

Amendment cannot be made after affirmance of judgment by appellate court. Miller v. State, 121 Ga. 135, 48 S.E. 904 (1904); Benning v. Horkan, 123 Ga. 454, 51 S.E. 333 (1905).

Appellate court will not interfere when trial judge refuses further time to make amendment. Barge v. State, 9 Ga. App. 226, 70 S.E. 965 (1911).

Notice of amendment is not necessary. Page v. Blackshear, 75 Ga. 885 (1885); Thomas v. State, 95 Ga. 484, 22 S.E. 315 (1895).

Amendment may set up that verdict was excessive. McLeod v. Morris, 120 Ga. 756, 48 S.E. 188 (1904).

Amendment may insert name of claimant. Lunsford v. Sutton, 3 Ga. App. 94, 59 S.E. 334 (1907).

Brief of testimony may be amended. Vanover v. Turner, 41 Ga. 577 (1871).

Amendment cannot add ground which is without merit. Lester v. Savannah Guano Co., 94 Ga. 710, 20 S.E. 1 (1907).

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