Motion for New Trial

In Georgia, motions for new trial are governed by the Official Code of Georgia Annotated Title 5, Chapter 5. (Generally, OCGA §5-5-20 through §5-5-51.)

A motion for new trial must be filed within 30 days of the entry of the judgment on the verdict or entry of the judgment if the case was tried without a jury, except in extraordinary cases (See Section on Extraordinary Motion for New Trial).

There are several statutorily enumerated grounds for a motion for new trial. These grounds include the presiding judge granting a new trial when the verdict of the jury is found to be contrary to evidence and the principles of justice and equity, when the verdict is against the weight of the evidence, when material evidence was illegally admitted to or illegally withheld from the jury over the objection of the movant, and when material evidence relating to new and material facts that is not merely cumulative or impeaching is discovered by the applicant after a verdict has been rendered against him or her. The presiding judge may also exercise discretion in granting or refusing motions for a new trial that are brought on other grounds which are not statutorily enumerated. Furthermore, the court is also empowered to grant a new trial on its own motion within 30 days from entry of the judgment, except in criminal cases where the defendant was acquitted.