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2018 Georgia Code 9-7-19 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-7-19 Case Law from Google Scholar Amendments to OCGA 9-7-19

TITLE 9 CIVIL PRACTICE

Section 7. Auditors, 9-7-1 through 9-7-23.

ARTICLE 4 QUO WARRANTO

9-7-19. When new testimony considered; application; notice; rights of opposite party.

  1. 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.
  2. 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.
  3. 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.

(Ga. L. 1894, p. 123, § 19; Civil Code 1895, § 4599; Civil Code 1910, § 5145; Code 1933, § 10-405.)

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 incurred 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).

Cited in Schmidt v. Mitchell, 117 Ga. 6, 43 S.E. 371 (1903); DuBose v. Thomas, 136 Ga. 673, 71 S.E. 1106 (1911); Crowell v. Akin, 152 Ga. 126, 108 S.E. 791 (1921); Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939); Rabun v. Wynn, 92 Ga. App. 228, 88 S.E.2d 478 (1955); Bruce v. Rowland Hills Corp., 243 Ga. 278, 253 S.E.2d 709 (1979); Carmichael v. Carmichael, 248 Ga. 216, 282 S.E.2d 71 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Equity, § 231.

C.J.S.

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

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