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2018 Georgia Code 9-10-182 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 10. Civil Practice and Procedure Generally, 9-10-1 through 9-10-204.

ARTICLE 8 ARGUMENT AND CONDUCT OF COUNSEL

9-10-182. Number of counsel who may argue case.

Not more than two counsel for each side shall be permitted to argue any case, except by express leave of the court; and in no case shall more than one counsel be heard in conclusion.

(Ga. L. 1924, p. 75, § 1; Code 1933, § 81-1004.)

JUDICIAL DECISIONS

One counsel per party in concluding arguments.

- The phrase "in no case shall more than one counsel be heard in conclusion" limits argument to one counsel per party, not to one counsel per side. Southern Bell Tel. & Tel. Co. v. LaRoche, 173 Ga. App. 298, 325 S.E.2d 908 (1985).

Court did not err in permitting two plaintiff's attorneys to give final argument, where one gave the opening argument and only one was heard in conclusion. Goforth v. Wigley, 178 Ga. App. 558, 343 S.E.2d 788 (1986).

Court committed reversible error in denying plaintiff's second counsel opportunity to present argument to jury, even though other counsel conducted entire examination of witnesses. Heard, Leverette & Adams v. Stone, 167 Ga. App. 113, 306 S.E.2d 72 (1983).

Double counsel procedure upheld.

- Where both the plaintiff and the defendant employed double counsel, and one attorney for the plaintiff began closing argument, the two defense attorneys then argued, and the plaintiff's second attorney concluded the argument, this procedure did not violate O.C.G.A. § 9-10-182. Williams v. Greenfield Equip. Co., 184 Ga. App. 239, 361 S.E.2d 199, cert. denied, 184 Ga. App. 911, 361 S.E.2d 199 (1987).

Although the trial court may have erred in permitting two members of the law firm representing a defendant to participate in the closing argument, the plaintiff has not suggested how the plaintiff was harmed, since the plaintiff's counsel had the concluding argument. Bridges v. Schier, 195 Ga. App. 583, 394 S.E.2d 408 (1990); Parker v. Hospital Auth., 214 Ga. App. 113, 446 S.E.2d 766 (1994).

Two counsel can argue in middle argument.

- Appellate court improperly overruled Limbrick v. State, 152 Ga. App. 615 (1979) as: (1) O.C.G.A. §§ 17-8-70 and9-10-182 were to be construed under the substantive law in effect when the 1982 Code was enacted; (2) the statutory limitation of one counsel "heard in conclusion" applied to the party exercising the privilege of the final jury argument chronologically; (3) the construction harmonized all parts of the statutes and gave a sensible and intelligent effect to each part of the statutes; (4) the first parts of O.C.G.A. §§ 17-8-70 and9-10-182 provided that two attorneys could present argument on behalf of a party without leave of court; and (5) if the second parts of the statutes were construed as limiting the middle and concluding argument to one attorney, it rendered the first parts of the statutes meaningless. Sheriff v. State, 277 Ga. 182, 587 S.E.2d 27 (2003).

Cited in Morris v. West, 183 Ga. 214, 187 S.E. 861 (1936); Taylor v. Powell, 158 Ga. App. 339, 280 S.E.2d 386 (1981); White v. Cline, 174 Ga. App. 448, 330 S.E.2d 386 (1985); Fabe v. Floyd, 199 Ga. App. 322, 405 S.E.2d 265 (1991); City of Monroe v. Jordan, 201 Ga. App. 332, 411 S.E.2d 511 (1991); Bentley v. B.M.W., Inc., 209 Ga. App. 526, 433 S.E.2d 719 (1993).

RESEARCH REFERENCES

ALR.

- Prejudicial effect of trial court's denial, or equivalent, of counsel's right to argue case, 38 A.L.R.2d 1396.

Cases Citing O.C.G.A. § 9-10-182

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Sheriff v. State, 587 S.E.2d 27 (Ga. 2003).

Cited 14 times | Published | Supreme Court of Georgia | Oct 6, 2003 | 277 Ga. 182, 2003 Fulton County D. Rep. 2983

...each side is entitled to have only one attorney make the closing argument for that side. On appeal, the Court of Appeals agreed that appellant was entitled to have only one attorney make his closing argument. Citing a number of cases involving OCGA § 9-10-182, the civil counterpart of § 17-8-70, the Court of Appeals concluded that "the prohibition against more than one counsel for each side being heard in conclusion necessarily applies to both the State and the defense...." Sheriff v....
...iorari to examine the Court of Appeals' interpretation of OCGA § 17-8-70 and the overruling of the holding in Limbrick. 1. We note initially that OCGA § 17-8-70 is not an accurate codification of the law. OCGA § 17-8-70 and its civil counterpart, § 9-10-182, share a common genesis in Ga....
...Each code section stated: "Not more than two counsel shall be permitted to argue any cause for each side, except by express leave of the court; and in no case shall more than one counsel be heard in conclusion." [1] When the Code was recodified in 1982, § 81-1004 became OCGA § 9-10-182, and stated: "Not more than two counsel for each side shall be permitted to argue any case, except by express leave of the court; and in no case shall more than one counsel be heard in conclusion." In the recodification, Code Ann....
...Greenfield Equipment Co., 184 Ga.App. 239, 361 S.E.2d 199 (1987). In Goforth v. Wigley, supra, 178 Ga.App. at 561-2, 343 S.E.2d 788, the Court of Appeals stated that "the statutory proscription that `in no case shall more than one counsel be heard in conclusion' (OCGA § 9-10-182) refers to the concluding portion of plaintiff's right to open and conclude final arguments (or to whomever bears the burden of proof and thus gets opening and concluding)." Using case law construing the statutory limitations on closing a...
...However, as noted by this Court, Simmons failed to object at trial and, even if he had *31 preserved the error for appellate review, Simmons had not established harm, a necessary prerequisite to reversible error. Id. The Court of Appeals has developed a second line of cases interpreting OCGA §§ 9-10-182 and 17-8-70 as limiting participation in closing argument to one counsel per party and construing the middle argument as that party's "concluding argument" which then is deemed limited by the last clause in the statute to one attorney's participation....
...448(1), 330 S.E.2d 386. It is the construction that harmonizes all parts of the statute and gives "a sensible and intelligent effect to each part" ( Houston v. Lowes of Savannah, 235 Ga. 201, 203, 219 S.E.2d 115 (1975)), since the first part of §§ 17-8-70 and 9-10-182 provides that two attorneys can present argument on behalf of a party without leave of court....