Select your state

Civil procedure

new trial

A motion for new trial is a procedure that allows the trial court to order a new trial to correct significant errors in the previous trial that prevented a party from receiving a fair trial.

In Georgia, a motion for new trial is governed by the Georgia Code and the Georgia Rules of Civil Procedure. According to O.C.G.A. § 5-5-20 and § 5-5-21, a party may file a motion for a new trial on the general grounds that the verdict is 'contrary to evidence and principles of justice and equity,' or on any legal ground that 'materially affected the rights of the parties.' The motion must be filed within 30 days after the entry of judgment, although this period may be extended under certain circumstances. The trial court has discretion to grant a new trial if it finds that significant legal or factual errors occurred during the trial that likely affected the outcome of the case. If the motion is denied, the decision can be appealed to a higher court. It is important for parties considering such a motion to consult with an attorney to ensure that all procedural requirements are met and to provide the best chance of success.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

new trial

Individual & Family Legal Plan

Articles

Georgia State Code

Georgia State Code

Civil procedure

new trial

Articles