---
title: O.C.G.A. § 9-10-5. Charges to be written out on request; exception; filing of written charges; copies.
collection: code
id: 9-10-5
cite_as: O.C.G.A. § 9-10-5 (2025)
canonical_url: https://georgiacommons.org/code/9-10-5
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text_url: https://georgiacommons.org/code/9-10-5/text
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date: 2025
status: active
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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heading_path: CIVIL PRACTICE / CIVIL PRACTICE AND PROCEDURE GENERALLY / GENERAL PROVISIONS
---

# O.C.G.A. § 9-10-5. Charges to be written out on request; exception; filing of written charges; copies.

(a) The judges of the superior, state, and city courts, when counsel for either party requests it before argument begins, shall write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read; provided, however, that this Code section shall not apply when there is an official court reporter in attendance thereon who records the full charge of the trial judge in the case upon the direction of the court.

(b) In any civil action, upon motion by a party, upon request by the jury, or sua sponte, a judge of a superior, state, or city court is authorized, but shall not be required, to reduce all of the charge to the jury to writing and send all of the charge so reduced to writing out with the jury during its deliberation.

(c) Any charge reduced to writing under subsection (a) or (b) of this Code section shall be filed with the clerk of the court in which it was given and shall be accessible to all persons interested in it. The clerk shall give certified copies of the charge to any person applying therefor, upon payment of the usual fee.

## History

Ga. L. 1860, p. 42, §§ 1, 2; Code 1863, §§ 240, 241; Code 1868, §§ 234, 235; Code 1873, §§ 244, 245; Ga. L. 1877, p. 13, § 1; Ga. L. 1878-79, p. 150, § 1; Code 1882, §§ 244, 245; Civil Code 1895, §§ 4318, 4319; Penal Code 1895, §§ 1030, 1031; Ga. L. 1897, p. 41, § 1; Civil Code 1910, §§ 4847, 4848; Penal Code 1910, §§ 1056, 1057; Code 1933, §§ 81-1102, 81-1103; Ga. L. 1943, p. 262, § 1; Ga. L. 1982, p. 3, § 9; Ga. L. 1983, p. 884, § 3-3; Ga. L. 1986, p. 320, § 1.

## Cross References

Corresponding provision relating to criminal procedure, § 17-8-56.

## Editor's Notes

Ga. L. 1986, p. 320, § 2, not codified by the General Assembly, provided that that Act would apply to actions pending on July 1, 1986, as well as to actions initiated on or after that date.

## Law Reviews

For article discussing importance of charge of the court, see 7 Ga. B.J. 34 (1944).

For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986).