Title 5, Chapter 5, Section 24
( 5-5-24)
(a) Except as otherwise provided in this Code section, in all civil
cases, no party may complain of the giving or the failure to give an
instruction to the jury unless he objects thereto before the jury
returns its verdict, stating distinctly the matter to which he
objects and the grounds of his objection. Opportunity shall be given
to make the objection out of the hearing of the jury. Objection need
not be made with the particularity formerly required of assignments
of error and need only be as reasonably definite as the
circumstances will permit. This subsection shall not apply in
criminal cases. (b) In all cases, at the close of the evidence or at such earlier
time during the trial as the court reasonably directs, any party may
present to the court written requests that it instruct the jury on
the law as set forth therein. Copies of requests shall be given to
opposing counsel for their consideration prior to the charge of the
court. The court shall inform counsel of its proposed action upon
the requests prior to their arguments to the jury but shall instruct
the jury after the arguments are completed. The trial judge shall
file with the clerk all requests submitted to him, whether given in
charge or not. (c) Notwithstanding any other provision of this Code section, the
appellate courts shall consider and review erroneous charges where
there has been a substantial error in the charge which was harmful
as a matter of law, regardless of whether objection was made
hereunder or not. |