Georgia CommonsTitle 9. CIVIL PRACTICE · Chapter 10. CIVIL PRACTICE AND PROCEDURE GENERALLY · Article 8. ARGUMENT AND CONDUCT OF COUNSEL
9-10-185. Prejudicial statements by counsel; prevention by court; rebuke of counsel and instruction to jury; mistrial.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall also rebuke counsel and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds. In its discretion, the court may order a mistrial if the plaintiff’s attorney is the offender.
History
Civil Code 1895, § 4419; Civil Code 1910, § 4957; Code 1933, § 81-1009.
Cross references
Effect of judge’s expression to jury of opinion of factual issue or expression of approval or disapproval of jury verdict, §§ 9-10-7, 9-10-8. Similar provision pertaining to criminal actions, § 17-8-75.
Law reviews
For note, “Argument of Counsel,” see 1 Ga. L. Rev. No. 1 p. 44 (1927).
Other notes
- History of Section.
- This Code section is derived from the decisions in Augusta & S.R.R. v. Randall, 85 Ga. 297, 11 S. E. 706 (1890); Croom v. State, 90 Ga. 430, 17 S. E. 1003 (1892); Metropolitan St. R.R. v. Johnson, 90 Ga. 501, 16 S. E. 49 (1892); and Farmer v. State, 91 Ga. 720, 18 S. E. 987 (1893).
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 t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, page 890; merge action: carried; file SHA-256 ea8a520ad52f.
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