Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 10. CIVIL PRACTICE AND PROCEDURE GENERALLY · Article 1. GENERAL PROVISIONS

9-10-7. Expression by judge of opinion in case reversible error.

Active

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

It is error for any judge, during the progress of any case, or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved. Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error, the decision in the case shall be reversed, and a new trial shall be granted in the court below with such directions as the Supreme Court or the Court of Appeals may lawfully give.

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

Laws 1850, Cobb’s 1851 Digest, p. 462.; Code 1863, § 3172; Code 1868, § 3183; Code 1873, § 3248; Code 1882, § 3248; Civil Code 1895, § 4334; Penal Code 1895, § 1032; Civil Code 1910, § 4863; Penal Code 1910, § 1058; Code 1933, § 81-1104.

Cross references

Effect of prejudicial statements to jury by counsel, § 9-10-185. Corresponding provision relating to criminal procedure, § 17-8-57.

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, pages 705 to 706; merge action: carried; file SHA-256 ea8a520ad52f.