5-5-49. Trial of cases returned for new trial by appellate courts.

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

(a)
A case decided by the Supreme Court or Court of Appeals which is not finally disposed of by the decision shall stand for further hearing at the term next ensuing after the decision by the appellate court unless the lower court is in session when the decision is made, in which event it shall stand for trial during such term of the lower court.#
(b)
The clerk of the lower court, upon receipt of the remittitur of the appellate court, shall docket the case for trial in accordance with subsection (a) of this Code section.#
(c)
The judge presiding may in his discretion postpone the hearing of any such case to a day in the term as to him may seem reasonable; or, if necessary to give proper time for preparation, he may continue the case until the next term of the court.#

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.

Ga. L. 1892, p. 103, §§ 1-3; Civil Code 1895, §§ 5490, 5491, 5492; Civil Code 1910, §§ 6095, 6096, 6097; Code 1933, §§ 70-402, 70-403, 70-404.

Provisions regarding continuance of cases returned by appellate courts for trial, §§ 9-10-162, 17-8-34.

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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, pages 456 to 457; merge action: carried; file SHA-256 290d3a1d6843.