O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-10-9 (2019)

[Reserved] Jurors’ affidavits permitted to uphold but not impeach verdict

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
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History

Civil Code 1895, § 5338; Civil Code 1910, § 5933; Code 1933, § 110-109; repealed by Ga. L. 2011, p. 99, § 10/HB 24, effective January 1, 2013.

Annotations

Editor’s notes. Ga. L. 2011, p. 99, § 10/HB 24 repealed

and reserved this Code section, effective January 1, 2013. For present comparable provisions, see O.C.G.A. § 24-6-606. Law reviews. For article on the 2011 repeal of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

Notes of Decisions
Cited in 39 cases (1 in the last 5 years), 1983–2024 · leading case: Perryman v. Rosenbaum, 423 S.E.2d 673 (Ga. Ct. App. 1992).
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Perryman v. Rosenbaum, 423 S.E.2d 673 (Ga. Ct. App. 1992). · cites it 28× “OCGA § 9-10-9 provides: "The affidavits of jurors may be taken to sustain but not to impeach their verdict.”
Ford Motor Co. v. Conley, 757 S.E.2d 20 (Ga. 2014). · cites it 3× “13 In voir dire, prospective jurors may be questioned about their relationships with insurers that face potential liability from a judgment in the case and may provide truthful answers, whatever they may be; but once the jury is seated and renders its verdict, although jurors…”
Lewis v. Emory Univ., 509 S.E.2d 635 (Ga. Ct. App. 1998). · cites it 8× “OCGA § 9-10-9; Turpin v. Todd, 268 Ga. 820, 823 (1)(c), 493 S.”
Fid. Nat'l Bank v. Kneller, 390 S.E.2d 55 (Ga. Ct. App. 1989). · cites it 4× “Nevertheless, a rule restricting an attack on the integrity of the jury is mandated in OCGA § 9-10-9. It permits affidavits of jurors to sustain but not to impeach their verdict.”
King Cotton, Ltd. v. Powers, 380 S.E.2d 481 (Ga. Ct. App. 1989). · cites it 4× “OCGA § 9-10-9 provides that "[t]he affidavits of jurors may be taken to sustain but not to impeach their verdict," and although Powers and Cobb and Peavy argue (and the trial court found) that the affidavits in the case at bar sustain, rather than impeach, the verdict, it is…”
CSX Transp., Inc. v. Darling, 377 S.E.2d 217 (Ga. Ct. App. 1988). · cites it 4× “In doing so, he specifically admonished the jury to apply the law of damages given by the court in its instructions. We hold that the argument in question was neither improper nor misleading.”
Kellett v. Kumar, 635 S.E.2d 310 (Ga. Ct. App. 2006). · cites it 6× “21 With regard to such alleged misconduct, OCGA § 9-10-9 provides that “[t]he affidavits of jurors may be taken to sustain but not to impeach their verdict.”
CSX Transp., Inc. v. Levant, 417 S.E.2d 320 (Ga. 1992). · cites it 4× “" After appellant filed its motion for new trial, the 11 jurors still living executed affidavits sustaining their verdict.”
Dryman v. Watts, 603 S.E.2d 51 (Ga. Ct. App. 2004). · cites it 4× “OCGA § 9-10-9 provides that “[t]he affidavits of jurors may be taken to sustain but not to impeach their verdict.”
George Russell Henry v. Warden, Georgia Diagnostic Prison, 750 F.3d 1226 (11th Cir. 2014). · cites it 2× “See Ga. Code § 9-10-9 (repealed 2013); id. § 17-9-41 (repealed 2013); id.”
Dalton v. Vo, 497 S.E.2d 245 (Ga. Ct. App. 1998). · cites it 4× “NOTES [1] OCGA § 9-10-9 provides that the affidavits of jurors may be taken to uphold but not to impeach their verdict.”
Ryland Grp. v. Daley, 537 S.E.2d 732 (Ga. Ct. App. 2000). · cites it 2× “The affidavit attempts to impeach the jury’s verdict in favor of Ryland on its counterclaim by explaining that the jury did not intend to find for Ryland on the merits of its counterclaim, but only to award it the $8,000 held in escrow, since the jury awarded the Daleys $8,000…”
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