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2018 Georgia Code 9-10-183 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-10-183 Case Law from Google Scholar Amendments to OCGA 9-10-183

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

9-10-183. Use of blackboard, models, etc., in argument.

In the trial of any civil action, counsel for either party shall be permitted to use a blackboard and models or similar devices in connection with his argument to the jury for the purpose of illustrating his contentions with respect to the issues which are to be decided by the jury, provided that counsel shall not in writing present any argument that could not properly be made orally.

(Ga. L. 1960, p. 1037, § 1; Ga. L. 1982, p. 3, § 9.)

JUDICIAL DECISIONS

Counsel permitted to use devices for illustrating contentions to be proved at trial.

- Counsel for both parties in a civil case, preliminary to the introduction of evidence, may, under this section, state and use devices for illustrating counsel's contentions to the jury as to what each expects to prove on the trial. Lewyn v. Morris, 135 Ga. App. 289, 217 S.E.2d 642 (1975) (see O.C.G.A. § 9-10-183).

Challenge not preserved for appeal.

- Trial court did not abuse the court's discretion by permitting the plaintiffs to use trial boards during opening statement because trial boards were not included in the record on appeal nor did the defendant request that the issue be preserved for appeal. Vineyard Indus. v. Bailey, 343 Ga. App. 517, 806 S.E.2d 898 (2017).

Cited in Oglethorpe Power Corp. v. Sheriff, 210 Ga. App. 299, 436 S.E.2d 14 (1993); Tench v. Galaxy Appliance & Furniture Sales, 255 Ga. App. 829, 567 S.E.2d 53 (2002); R. C. Acres, Inc. v. Cambridge Faire Props., LLC, 331 Ga. App. 762, 771 S.E.2d 444 (2015).

RESEARCH REFERENCES

Am. Jur. 2d.

- 75A Am. Jur. 2d, Trial, § 497.

C.J.S.

- 88 C.J.S., Trial, § 276 et seq.

ALR.

- Conduct of jury in nature of demonstration, test, or experiment during authorized view, 150 A.L.R. 958.

Propriety, in trial of civil action, of use of model of object or instrumentality, or of site or premises, involved in the accident or incident, 69 A.L.R.2d 424.

Counsel's use, in trial of personal injury or wrongful death case, of blackboard, chart, diagram, or placard, not introduced in evidence, relating to damages, 86 A.L.R.2d 239.

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