9-7-19. When new testimony considered; application; notice; rights of opposite party.

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

(a)
No new testimony shall be considered, except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence.#
(b)
Application to introduce such original and newly discovered evidence shall be made to the judge before the argument on the exceptions, if the same is then known, with a statement of the party and his attorney setting out the expected testimony and facts authorizing it to be admitted as newly discovered evidence.#
(c)
The opposite party shall be served with notice of the application. If the same is admitted, the opposite party shall be entitled to a continuance. On the trial he shall be entitled to introduce original testimony in rebuttal of the newly discovered evidence.#

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. 1894, p. 123, § 19; Civil Code 1895, § 4599; Civil Code 1910, § 5145; Code 1933, § 10-405.

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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 579 to 580; merge action: carried; file SHA-256 ea8a520ad52f.