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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 8. TRIAL · Article 3. CONDUCT OF PROCEEDINGS

17-8-58. Objections to jury charges prior to the jury retiring to deliberate; failure to raise objections.

Active

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

  1. (a)

    Any party who objects to any portion of the charge to the jury or the failure to charge the jury shall inform the court of the specific objection and the grounds for such objection before the jury retires to deliberate. Such objections shall be done outside of the jury’s hearing and presence.#

  2. (b)

    Failure to object in accordance with subsection (a) of this Code section shall preclude appellate review of such portion of the jury charge, unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties. Such plain error may be considered on appeal even if it was not brought to the court’s attention as provided in subsection (a) of this Code section.#

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

Code 1981, § 17-8-58, enacted by Ga. L. 2007, p. 595, § 1/HB 197.

Editor's notes

Ga. L. 2007, p. 595, § 5/HB 197, not codified by the General Assembly, provides that this Code section shall apply to all trials which occur on or after July 1, 2007.

Law reviews

For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012).

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 862; merge action: annotated; file SHA-256 0b0d45f9c609.

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O.C.G.A. § 17-8-58. Objections to jury charges prior to the jury retiring to deliberate; failure to raise objections. | Georgia Commons