---
title: O.C.G.A. § 5-5-49. Trial of cases returned for new trial by appellate courts.
collection: code
id: 5-5-49
cite_as: O.C.G.A. § 5-5-49 (2025)
canonical_url: https://georgiacommons.org/code/5-5-49
md_url: https://georgiacommons.org/code/5-5-49.md
text_url: https://georgiacommons.org/code/5-5-49/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t4-6-(v4)-2013-pdf.pdf?sfvrsn=8c0a1199_0#page=456
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. § 5-5-49. Trial of cases returned for new trial by appellate courts.

(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.

## History

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.

## Cross References

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