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Official Code of Georgia Annotated

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

5-5-44. Service of rule nisi; filing and recordation of motion.

Active

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

  1. In all motions for a new trial the opposite party shall be served with a copy of the rule nisi unless such copy is waived. The clerks of the courts shall not be required, except by order of the presiding judge, to enter upon the minutes of the courts motions for new trial in cases tried therein; but the motions shall be filed in the clerk’s office as are other papers and shall be recorded together with the other pleadings in the cases when the same are finally disposed of as required by law.

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

Orig. Code 1863, § 3648; Code 1868, § 3673; Code 1873, § 3723; Ga. L. 1878-79, p. 138, § 1; Code 1882, § 3723; Civil Code 1895, § 5475; Penal Code 1895, § 1065; Civil Code 1910, § 6080; Penal Code 1910, § 1092; Code 1933, § 70-306.

Law reviews

For articles discussing the preparation of an amended motion for new trial and facts concerning appellate practice in general, prior to the adoption of the Appellate Practice Act, see 21 Ga. B.J. 424 (1959).

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, page 449; merge action: carried; file SHA-256 290d3a1d6843.