Title 5, Chapter 5, Section 42
( 5-5-42)
(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
___________ ) File no.______
Defendant ) 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.) | 
