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Georgia Code Title 5. Appeal and Error § 5-5-42

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying therewith shall also be sufficient.

(b) Form for motion for new trial in civil cases:

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

__________________________________

)

Plaintiff

)

)

v.

)

Civil Action

)

File no. _______________

__________________________________

)

Defendant

)

)

MOTION FOR NEW TRIAL

Defendant moves the court to set aside the verdict returned herein on (date), _____, and the judgment entered thereon on (date), _____, and to grant a new trial on the following grounds:

(1) The verdict is contrary to law.

(2) The verdict is contrary to the evidence.

(3) The verdict is strongly against the weight of the evidence.

(4) The court erred in permitting witness Smith to testify as follows: _____.

(5) The court erred in failing to charge the jury on unavoidable accident as requested in writing by defendant.

(6) The court erred in charging the jury as follows: _____.

Dated: ____________________________________.

 

_____________________________________________________

Attorney for defendant

_____________________________________________________

Address

(Here set forth rule nisi and certificate of service.)

(c) The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be sufficient but any other form substantially complying therewith shall also be sufficient.

(d) Form for motion for new trial in criminal cases:

IN THE _____ COURT OF _____ COUNTY

STATE OF GEORGIA

__________________________________

)

The State

)

)

v.

)

Indictment

)

Accusation

__________________________________

)

Defendant

)

File no. __________

MOTION FOR NEW TRIAL

Defendant moves the court to set aside the verdict returned herein on (date), _____, and the sentence entered thereon on (date), _____, and to grant a new trial on the following grounds:

(1) The defendant should be acquitted and discharged due to the state's failure to prove guilt beyond a reasonable doubt.

(2) Although the state proved the defendant's guilt beyond a reasonable doubt, the evidence was sufficiently close to warrant the trial judge to exercise his discretion to grant the defendant a retrial.

(3) The court committed an error of law warranting a new trial.

Dated: ____________________________________.

 

_____________________________________________________

Attorney for defendant

_____________________________________________________

Address

(Here set forth rule nisi and certificate of service.)

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Cite this article: FindLaw.com - Georgia Code Title 5. Appeal and Error § 5-5-42 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-5-appeal-and-error/ga-code-sect-5-5-42/

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