O.C.G.A.

O.C.G.A. § 9-7-18 (2019)

Trial on the record; what additional evidence introduced; what evidence excluded

✓ 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.

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In all cases where exceptions of fact are submitted to the jury, the same shall be determined upon the testimony reported by the auditor. Only so much of the evidence as is material and pertinent to the issue then on trial shall be read to the jury. Admissible material evidence introduced and not reported and evidence improperly excluded shall also be submitted to the jury and all inadmissible evidence shall be excluded from their consideration.

History

Ga. L. 1894, p. 123, §§ 18, 20; Civil Code 1895, §§ 4598, 4600; Civil Code 1910,

§§ 5144, 5146; Code 1933, §§ 10-404, 10406.

Annotations

JUDICIAL DECISIONS Scope of section. - Under O.C.G.A. § 9-7-18 “only so much of the evidence reported as is material and pertinent to the issue then on trial” need go to the jury.

Carmichael v. Carmichael, 248 Ga. 216, 282 S.E.2d 71, 1981 Ga. LEXIS 937 (1981).

Notes of Decisions

Cited in 1 case, 1987–1987 · leading case: Atwood v. Sipple, 357 S.E.2d 273 (Ga. Ct. App. 1987).

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Atwood v. Sipple, 357 S.E.2d 273 (Ga. Ct. App. 1987). · cites it 2× “The case is submitted to the jury on the testimony reported by the auditor, OCGA § 9-7-18, and the jury is required to find “for or against each exception submitted, seriatim.”

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.