Extraordinary Motion for New Trial

Extraordinary motions for new trial are governed by the Official Code of Georgia Annotated Section 5-5-41. An extraordinary motion for new trial allows the defendant to challenge a conviction based upon newly discovered evidence. It can be filed at any time after conviction. However, it is not easy to prevail on such a motion because the newly discovered evidence must meet certain legal criteria, including a demonstration to the court (1) that the newly discovered evidence has come to the defendant’s knowledge since the trial; (2) that want of due diligence was not the reason that the evidence was not acquired sooner; (3) that the evidence was so material that it would probably produce a different verdict; (4) that it is not cumulative only; (5) that the affidavit or the witness is procured or its absence accounted for; and (6) that the new evidence does not operate solely to impeach the credit of a witness.