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Official Code of Georgia Annotated

Title 5. APPEAL AND ERROR · Chapter 5. NEW TRIAL · Article 3. PROCEDURE

5-5-42. Form for motion for new trial.

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

  1. (a)

    The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying therewith shall also be sufficient.#

  2. (b)

    Form for motion for new trial in civil cases:#

    1. IN THE COURT OF COUNTY

    2. STATE OF GEORGIA

    3. )

    4. Plaintiff )

    5. )

    6. v. ) Civil Action

    7. ) File no.

    8. )

    9. Defendant )

    10. )

    11. MOTION FOR NEW TRIAL

    12. Defendant moves the court to set aside the verdict returned herein on (date) , , and the judgment entered thereon on (date) , , and to grant a new trial on the following grounds:

    13. (1)

      The verdict is contrary to law.#

    14. (2)

      The verdict is contrary to the evidence.#

    15. (3)

      The verdict is strongly against the weight of the evidence.#

    16. (4)

      The court erred in permitting witness Smith to testify as follows: .#

    17. (5)

      The court erred in failing to charge the jury on unavoidable accident as requested in writing by defendant.#

    18. (6)

      The court erred in charging the jury as follows: . Dated: .#

      1. Attorney for defendant Address (Here set forth rule nisi and certificate of service.)

  3. (c)

    The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be sufficient but any other form substantially complying therewith shall also be sufficient.#

  4. (d)

    Form for motion for new trial in criminal cases:#

    1. IN THE COURT OF COUNTY

    2. STATE OF GEORGIA

    3. )

    4. The State )

    5. )

    6. v. ) Indictment

    7. ) Accusation

    8. )

    9. Defendant ) File no.

    10. MOTION FOR NEW TRIAL

    11. Defendant moves the court to set aside the verdict returned herein on (date) , , and the sentence entered thereon on (date) , , and to grant a new trial on the following grounds:

    12. (1)

      The defendant should be acquitted and discharged due to the state’s failure to prove guilt beyond a reasonable doubt.#

    13. (2)

      Although the state proved the defendant’s guilt beyond a reasonable doubt, the evidence was sufficiently close to warrant the trial judge to exercise his discretion to grant the defendant a retrial.#

    14. (3)

      The court committed an error of law warranting a new trial.#

      1. Dated: .

      2. Attorney for defendant Address (Here set forth rule nisi and certificate of service.)

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

Ga. L. 1965, p. 18, § 20; Ga. L. 1983, p. 702, § 1; Ga. L. 1984, p. 22, § 5; Ga. L. 1999, p. 81, § 5.

Cross references

Form of motion to dismiss, presenting defense of failure to state a claim, § 9-11-119.

Law reviews

For article, ‘‘1966 Amendments to the Appellate Procedure Act of 1965,’’ see 2 Ga. St. B.J. 433 (1966).

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 445 to 447; merge action: carried; file SHA-256 290d3a1d6843.