Georgia CommonsTitle 5. APPEAL AND ERROR · Chapter 5. NEW TRIAL · Article 2. GROUNDS
5-5-24. Error in instructions; objection required in civil cases; requested instructions; review of charges involving substantial error.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Except as otherwise provided in this Code section, in all civil cases, no party may complain of the giving or the failure to give an instruction to the jury unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury. Objection need not be made with the particularity formerly required of assignments of error and need only be as reasonably definite as the circumstances will permit. This subsection shall not apply in criminal cases.#
- (b)
In all cases, at the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may present to the court written requests that it instruct the jury on the law as set forth therein. Copies of requests shall be given to opposing counsel for their consideration prior to the charge of the court. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury but shall instruct the jury after the arguments are completed. The trial judge shall file with the clerk all requests submitted to him, whether given in charge or not.#
- (c)
Notwithstanding any other provision of this Code section, the appellate courts shall consider and review erroneous charges where there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.#
History
Ga. L. 1853-54, p. 46, § 1; Code 1863, § 3639; Code 1868, § 3664; Code 1873, § 3715; Ga. L. 1878-79, p. 150, § 1; Code 1882, § 3715; Civil Code 1895, § 5479; Penal Code 1895, § 1060; Civil Code 1910, § 6084; Penal Code 1910, § 1087; Code 1933, § 70-207; Ga. L. 1965, p. 18, § 17; Ga. L. 1966, p. 493, § 6; Ga. L. 1968, p. 1072, § 9.
Cross references
Granting of new trials in instances where judge expresses opinion as to what has or has not been proved or, in criminal actions, expresses the judge’s opinion as to guilt of accused, §§ 9-10-7 and 17-8-55.
Law reviews
For article arguing for and against adoption of Rule 51 of the Federal Rules of Civil Procedure, so as to require objections to charges before verdict, see 1 Ga. St. B.J. 177 (1964). For article, ‘‘The Appellate Procedure Act of 1965,’’ see 1 Ga. St. B.J. 451 (1965). For article, ‘‘1966 Amendments to the Appellate Procedure Act of 1965,’’ see 2 Ga. St. B.J. 433 (1966). For article comparing sections of Ch. 11, T. 5 with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967). For article, ‘‘Synopses of 1968 Amendments Appellate Procedure Act and Georgia Civil Practice Act,’’ see 4 Ga. St. B.J. 503 (1968). For article, ‘‘Trial Practice and Procedure,’’ see 53 Mercer L. Rev. 475 (2001). For annual survey of trial practice and procedure, see 58 Mercer L. Rev. 405 (2006). For survey article on appellate practice and procedure, see 59 Mercer L. Rev. 21 (2007). For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007). For comment on Bibb Transit Co. v. Johnson, 107 Ga. App. 804, 131 S.E.2d 631 (1963), see 16 Mercer L. Rev. 347 (1964).
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 t4-6-(v4)-2013-pdf.pdf, Volume V4, 2013 edition, pages 314 to 315; merge action: annotated; file SHA-256 290d3a1d6843.
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