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2018 Georgia Code 9-12-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-12-2 Case Law from Google Scholar Amendments to OCGA 9-12-2

TITLE 9 CIVIL PRACTICE

Section 12. Verdict and Judgment, 9-12-1 through 9-12-138.

ARTICLE 1 GENERAL PROVISIONS

9-12-2. Instructions on form of verdict.

In the trial of all civil cases, the judge upon request of the jury shall furnish the jury with written instructions as to the form of their verdict.

(Orig. Code 1863, § 3480; Code 1868, § 3502; Code 1873, § 3560; Ga. L. 1880-81, p. 115, § 1; Code 1882, § 3560; Civil Code 1895, § 5330; Civil Code 1910, § 5925; Code 1933, § 110-103.)

JUDICIAL DECISIONS

Waiver of objection to verdict.

- Irregularity in form of verdict is waived in absence of objection at time of the verdict's rendition because any formal error can be corrected before the jury is discharged. Bissell v. State, 153 Ga. App. 564, 266 S.E.2d 238 (1980).

Waiver of right to special verdict.

- Party who, after invoking a special verdict, allows a general verdict to be received and published in open court, in the presence of the party's counsel, without objection or motion to have the jury retired with direction to find a special verdict, will be deemed to have waived the right to a special verdict. Livingston v. Taylor, 132 Ga. 1, 63 S.E. 694 (1908), overruled on other grounds, Monteith v. Story, 255 Ga. 528, 341 S.E.2d 1 (1986).

Form of verdict.

- When no request was made for a different form of verdict, it was not error as a matter of law for the court to fail to instruct the jury as to some other form of verdict which was also a correct form. Fidelity & Cas. Co. v. Mangum, 102 Ga. App. 311, 116 S.E.2d 326 (1960).

Harmless error not ground for new trial.

- When the foreperson stated that the jury found "with the auditor," and the jury was polled as to the verdict reached, any error in failing to write out a verdict in favor of the defendant and "against the auditor" was harmless and would not be a ground of a motion for new trial such as to authorize reversal of the case since an error to be harmful must be accompanied by an injury. Gaulding v. Courts, 90 Ga. App. 472, 83 S.E.2d 288 (1954).

RESEARCH REFERENCES

Am. Jur. 2d.

- 75B Am. Jur. 2d, Trial, § 1205 et seq.

C.J.S.

- 88 C.J.S., Trial, § 645.

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