---
title: O.C.G.A. § 5-5-40. Time of motion for new trial generally; amendments; extension of time for filing transcript; time of hearing; grounds of appeal; power of court.
collection: code
id: 5-5-40
cite_as: O.C.G.A. § 5-5-40 (2025)
canonical_url: https://georgiacommons.org/code/5-5-40
md_url: https://georgiacommons.org/code/5-5-40.md
text_url: https://georgiacommons.org/code/5-5-40/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t4-6-(v4)-pdf.pdf?sfvrsn=e24c7bd9_0#page=98
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: APPEAL AND ERROR / NEW TRIAL / PROCEDURE
---

# O.C.G.A. § 5-5-40. Time of motion for new trial generally; amendments; extension of time for filing transcript; time of hearing; grounds of appeal; power of court.

(a) All motions for new trial, except in extraordinary cases, shall be made within 30 days of the entry of the judgment on the verdict or entry of the judgment where the case was tried without a jury.

(b) The motion may be amended any time on or before the ruling thereon; provided, however, that in criminal proceedings when the defendant substantially amends his or her motion for new trial, the state shall be given ten days to respond and present evidence, or, in the discretion of the court, a longer period of time.

(c) Where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court may in its discretion grant an extension of time, except in cases where the death penalty is imposed, for the preparation and filing of the transcript, which may be done any time on or before the hearing; or the court may in its discretion hear and determine the motion before the transcript of evidence and proceedings is prepared and filed.

(d) The grounds of the motion need not be approved by the court.

(e) The motion may be heard at any time; but, where it is not heard at the time specified in the order, it shall stand for hearing at such time as the court by order at any time may prescribe, unless sooner disposed of.

(f) Motions for new trial in cases in which the death penalty is imposed shall be given priority.

(g) On appeal, a party shall not be limited to the grounds urged in the motion or any amendment thereof.

(h) The court also shall be empowered to grant a new trial on its own motion within 30 days from entry of the judgment, except in criminal cases where the defendant was acquitted.

## History

Orig. Code 1863, § 3643; Code 1868, § 3668; Code 1873, § 3719; Code 1882, § 3719; Ga. L. 1889, p. 83, § 1; Civil Code 1895, § 5484; Penal Code 1895, § 1063; Civil Code 1910, § 6089; Penal Code 1910, § 1090; Code 1933, § 70-301; Ga. L. 1965, p. 18, § 16; Ga. L. 1973, p. 159, § 5; Ga. L. 2025, p. 621, § 2-1/HB 176, effective May 14, 2025.

## Law Reviews

For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

## Amendments

The 2025 amendment, effective May 14, 2025, added the proviso at the end of subsection (b).