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Georgia State Code
Title       5
Chapter       5  
Section Navigation        1 ... 42         43 ... 51      
Section1 20 21 22 23 24 25 40 41 42 >>>  
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.)

Saturday May 23 19:06 EDT


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