5-5-43. Allowance of filing of motion by judge other than trial judge.

Active

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

A judge who did not try the case may, if presented with a motion for new trial within 30 days from the date of the verdict or judgment sought to be set aside, allow the filing of, issue rule nisi thereon, and decide the motion either where he is presiding in the court in which the trial was had, or where he is named in the rule, or where he is otherwise authorized by law to do so.

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 1863, § 3644; Code 1868, § 3669; Code 1873, § 3720; Code 1882, § 3720; Civil Code 1895, § 5486; Civil Code 1910, § 6091; Code 1933, § 70-103; Ga. L. 1957, p. 224, § 13.

Law reviews

For article, ‘‘A Discussion of the 1957 Amendments to Rules of Practice and Procedure in Georgia,’’ see 19 Ga. B.J. 395 (1957).

Other notes

History of Code section.: This Code section is derived from the decision in Field v. Thornton, 1 Ga. 306 (1846).

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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, page 448; merge action: annotated; file SHA-256 290d3a1d6843.