Title 5, Chapter 5, Section 49
( 5-5-49)
(a) A case decided by the Supreme Court or Court of Appeals which is
not finally disposed of by the decision shall stand for further
hearing at the term next ensuing after the decision by the appellate
court unless the lower court is in session when the decision is
made, in which event it shall stand for trial during such term of
the lower court. (b) The clerk of the lower court, upon receipt of the remittitur of
the appellate court, shall docket the case for trial in accordance
with subsection (a) of this Code section. (c) The judge presiding may in his discretion postpone the hearing
of any such case to a day in the term as to him may seem reasonable;
or, if necessary to give proper time for preparation, he may
continue the case until the next term of the court. |