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

O.C.G.A. § 9-7-19 (2019)

When new testimony considered; application; notice; rights of opposite party

✓ 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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(a) No new testimony shall be considered, except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence. (b) Application to introduce such original and newly discovered evidence shall be made to the judge before the argument on the exceptions, if the same is then known, with a statement of the party and his attorney setting out the expected testimony and facts authorizing it to be admitted as newly discovered evidence. (c) The opposite party shall be served with notice of the application. If the same is admitted, the opposite party shall be entitled to a

continuance. On the trial he shall be entitled to introduce original testimony in rebuttal of the newly discovered evidence.

History

Ga. L. 1894, p. 123, § 19; Civil Code

1895, § 4599; Civil Code 1910, § 5145; Code 1933, § 10-405.

Annotations

JUDICIAL DECISIONS Admittance of newly discovered evidence. - Trial court did not err in granting a camp’s request to present new evidence as to the camp’s damages because the evidence of the damages in-

curred after the auditor’s proceedings amounted to newly discovered evidence. Camp Cherokee, Inc. v. Marina Lane, LLC, 316 Ga. App. 366, 729 S.E.2d 510, 2012 Ga. App. LEXIS 563 (2012).

RESEARCH REFERENCES C.J.S. 30A C.J.S., Equity, §§ 552, 555, 556.

Am. Jur. 2d. 27A Am. Jur. 2d, Equity, § 231.

Notes of Decisions
Cited in 2 cases, 2012–2012 · leading case: Camp Cherokee, Inc. v. Marina Lane, LLC, 729 S.E.2d 510 (Ga. Ct. App. 2012).
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Camp Cherokee, Inc. v. Marina Lane, LLC, 729 S.E.2d 510 (Ga. Ct. App. 2012). · cites it 2× “*372 OCGA § 9-7-19 (a) provides that in proceedings on exceptions to an auditor’s report, “[n] o new testimony shall be considered, except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence.”
Marina Lane, LLC v. Camp Cherokee, Inc. (Ga. Ct. App. 2012). · cites it 2× “OCGA § 9-7-19 (a) provides that in proceedings on exceptions to an auditor’s report, “[n]o new testimony shall be considered, except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence.”
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