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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 1. GENERAL PROVISIONS

17-1-4. Vacation of judgments, verdicts, rules, or orders obtained by perjury.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Any judgment, verdict, rule, or order of court which may have been obtained or entered shall be set aside and be of no effect if it appears that the same was entered in consequence of corrupt and willful perjury. It shall be the duty of the court in which the verdict, judgment, rule, or order was obtained or entered to cause the same to be vacated upon motion and notice to the adverse party; but it shall not be lawful for the court to do so unless the person charged with perjury shall have been duly convicted thereof and unless it appears to the court that the verdict, judgment, rule, or order could not have been obtained and entered without the evidence of the perjured person, saving always to third persons innocent of such perjury the rights which they may lawfully have acquired under the verdict, judgment, rule, or order before the same shall have been actually vacated.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Laws 1833, Cobb’s 1851 Digest, p. 804; Code 1863, § 3510; Code 1868, § 3533; Code 1873, § 3591; Code 1882, § 3591; Civil Code 1895, § 5366; Civil Code 1910, § 5961; Code 1933, § 110-706.

Cross references

Perjury and related offenses generally, § 16-10-70 et seq.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, page 21; merge action: annotated; file SHA-256 0b0d45f9c609.