O.C.G.A.
O.C.G.A. § 5-6-36 (2019)
Filing of motion for new trial and motion for judgment notwithstanding verdict where appeal taken from judgment, ruling, or order
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
Find cases:
SyfertCases citing this section
GA-LEGlegis.ga.gov (official)
JustiaJustia
CornellLII Search
CasesGoogle Scholar
(a) A motion for new trial need not be filed as a condition precedent to appeal or consideration of any judgment, ruling, or order in any case; but, in all cases where a motion for new trial is an available remedy, the party entitled thereto may elect to file the motion first or to appeal directly. However, where matters complained of arise or are discovered subsequent to verdict or judgment which otherwise would not appear in the record, such as newly discovered evidence, and in other like instances, a motion for new trial or other available procedure shall be filed and together with all proceedings thereon shall become a part of the record on appeal. Otherwise, the motion for new trial need not be transmitted as a part of the record on appeal; nor shall it be necessary that the overruling thereof be enumerated as error (subject to the exception last stated), as the appellate court may consider all questions included in the enumeration of errors provided for in Code Section
Notes of Decisions
Cited in 53
cases (3 in the last 5 years), 1983–2024 · leading case: Aldworth Co., Inc. v. England, 637 S.E.2d 198 (Ga. 2006).
Aldworth Co., Inc. v. England, 637 S.E.2d 198 (Ga. 2006). “5 *199 On the other hand, OCGA § 5-6-36 (a) provides that “[t]he entry of judgment on a verdict by the trial court constitutes an adjudication by the trial court as to the sufficiency of the evidence to sustain the verdict, affording a basis for review on appeal without further…”
Balkcom v. State, 489 S.E.2d 129 (Ga. Ct. App. 1997). “This Code section contemplates that some extraordinary motions for new trial will be made before the record on appeal is forwarded to the appellate court and provides that when "matters complained of arise or are discovered subsequent to verdict or judgment which otherwise would…”
Southall v. State, 796 S.E.2d 261 (Ga. 2017). “See OCGA § 5-6-36 (a) (“where matters complained of arise or are discovered subsequent to verdict or judgment which otherwise would not appear in the record, such as newly discovered evidence, and in other like instances, a motion for new trial or other available procedure shall…”
Dep't of Human Resources v. Johnson, 592 S.E.2d 124 (Ga. Ct. App. 2004). “18 While the issue may be raised for the first time on appeal, see OCGA § 5-6-36, an excessive verdict is generally “a mistake of fact rather than of law and addresses itself to the discretion of the trial judge who, like the jury, saw the witnesses and heard the testimony.”
Jones v. Walker, 540 F.3d 1277 (11th Cir. 2008). “See O.C.G.A. § 5-6-36; O.C.G.A. 5-6-38(a). [2] After moving for a new trial on September 6, 1996, Jones' appellate counsel took no further action on Jones' appeal.”
McCullum v. State, 899 S.E.2d 171 (Ga. 2024). “510, 512 (5) (530 SE2d 714) (2000) (citing OCGA § 5-6-36 (a) to support that the defendant 44 “is simply incorrect that the failure to move for a directed verdict at the close of the evidence precludes [the defendant] from contending on appellate review that the evidence is…”
Fabe v. Floyd, 405 S.E.2d 265 (Ga. Ct. App. 1991). “Appeals from the denial of a motion to set aside the judgment under OCGA § 9-11-60 (d) are subject to the discretionary appeals procedure (OCGA § 5-6-36 (a) (8)) even when coupled with motions for a new trial or judgment n.”
Rm Kids, LLC v. Old Repub. Nat'l Title Ins. Co., 788 S.E.2d 542 (Ga. Ct. App. 2016). “19 Nevertheless, OCGA § 5-6-36 (a) provides that “[t]he entry of judgment on a verdict by the trial court constitutes an adjudication by the trial court as to the sufficiency of the evidence to sustain the verdict, affording a basis for review on appeal without further ruling by…”
ALEA London Ltd. v. Woodcock, 649 S.E.2d 740 (Ga. Ct. App. 2007). “9 See OCGA § 5-6-36 (a): “The entry of judgment on a verdict by the trial court constitutes an adjudication by the trial court as to the sufficiency of the evidence to sustain the verdict, affording a basis for review on appeal without further ruling by the trial court.”
Wimbush v. The State., 812 S.E.2d 489 (Ga. Ct. App. 2018). “The trial court denied her motion, which alleged her notice of appeal, filed February 3, 2017, removed jurisdiction from the trial court, and transferred it to the Georgia Court of Appeals.”
Bldg. Materials Wholesale, Inc. v. Triad Drywall, LLC, 653 S.E.2d 115 (Ga. Ct. App. 2007). “13 OCGA§ 5-6-36 (a). 14 BMW does not appeal from a denial of motion for directed verdict, and so a new trial is the appropriate remedy.”
Deleon-Alvarez v. State, 751 S.E.2d 497 (Ga. Ct. App. 2013). “uired to prove the crime of kidnapping at the time that the case was decided, the rule became retroactively applicable” to certain cases), with McClure, supra at 802 (explaining that application of the pipeline rule so as to analyze a claim of error under a new procedural rule…”
— 5-6-36(a) — 2 cases
Balkcom v. State, 489 S.E.2d 129 (Ga. Ct. App. 1997). “This Code section contemplates that some extraordinary motions for new trial will be made before the record on appeal is forwarded to the appellate court and provides that when "matters complained of arise or are discovered subsequent to verdict or judgment which otherwise would…”
Graves v. State, 490 S.E.2d 111 (Ga. Ct. App. 1997).
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.