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2018 Georgia Code 5-5-51 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-5-51 Case Law from Google Scholar Amendments to OCGA 5-5-51

TITLE 5 APPEAL AND ERROR

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

ARTICLE 3 PROCEDURE

5-5-51. Written basis for exercise of judicial discretion for new trial.

In all civil cases in which a new trial is granted, if the grant of a new trial is based on the discretion of the judge, the judge shall set forth by written order the reason or reasons for the exercise of his discretion. Such order shall not be required to conform to the provisions of Code Section 9-11-52, relating to findings by the court.

(Code 1981, §5-5-51, enacted by Ga. L. 1985, p. 1312, § 1.)

JUDICIAL DECISIONS

Trial court's written order granting a new trial on the general grounds was in compliance with the requirements of O.C.G.A. § 5-5-51. Jackson Nat'l Life Ins. Co. v. Snead, 231 Ga. App. 406, 499 S.E.2d 173 (1998).

Special verdict form was not objectionable.

- Trial court erred in granting a new trial, pursuant to the standard of review under O.C.G.A. §§ 5-5-50 and5-5-51, to the second insurer in the first insurer's declaratory judgment action arising from a coverage dispute, after the jury rendered a verdict pursuant to a special verdict form in favor of the first insurer, since the form was not defective for including the words "coverage is excluded because" prior to the four potential fact-findings in favor of the first insurer; the wording of the form may have been inartful and had mixed questions of law with the factual assertions, but such did not constitute an abuse of the trial court's discretion, as no mandate forbade the use of the language, and the trial court acted within the court's discretion and authority pursuant to O.C.G.A. § 9-11-49(a). Gov't Emples. Ins. Co. v. Progressive Cas. Ins. Co., 275 Ga. App. 872, 622 S.E.2d 92 (2005).

Cited in Famiglietti v. Brevard Medical Investors, Ltd., 197 Ga. App. 164, 397 S.E.2d 720 (1990); O'Neal v. State, 285 Ga. 361, 677 S.E.2d 90 (2009).

Cases Citing O.C.G.A. § 5-5-51

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O'NEAL v. State, 677 S.E.2d 90 (Ga. 2009).

Cited 49 times | Published | Supreme Court of Georgia | May 4, 2009 | 285 Ga. 361, 2009 Fulton County D. Rep. 1586

...st grant of a motion for new trial. The first grant of a new trial on the general grounds will ordinarily not be disturbed by the appellate court absent an abuse of discretion in that the evidence demanded the verdict rendered. See OCGA §§ 5-5-50; 5-5-51, and Dunn v....
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State v. Cash, 298 Ga. 90 (Ga. 2015).

Cited 48 times | Published | Supreme Court of Georgia | Nov 16, 2015 | 779 S.E.2d 603

...in favor of the finding.” 8 jury. The State cites no authority for its proposed rule, and there is no such requirement in the statutory provisions that govern motions for new trial. See OCGA §§ 5-5-1 to 5-5-51....