Georgia Statutes
§ 5-5-40 — Time of motion for new trial generally; amendments; extension of time for filing transcript; time of hearing; priority to cases in which death penalty imposed; appeal not limited to grounds urged; new trial on court's own motion
Georgia § 5-5-40
JurisdictionGeorgia
Title5
This text of Georgia § 5-5-40 (Time of motion for new trial generally; amendments; extension of time for filing transcript; time of hearing; priority to cases in which death penalty imposed; appeal not limited to grounds urged; new trial on court's own motion) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 5-5-40 (2026).
Text
(a)All motions for new trial, except in extraordinary cases, shall be made within 30 days of the entry of the judgment on the verdict or entry of the judgment where the case was tried without a jury.
(b)The motion may be amended any time on or before the ruling thereon.
(c)Where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court may in its discretion grant an extension of time, except in cases where the death penalty is imposed, for the preparation and filing of the transcript, which may be done any time on or before the hearing; or the court may in its discretion hear and determine the motion before the transcript of evidence and proceedings is prepared and filed.
(d)The grounds of the motion need not be approved by the court.
(e)T
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Nearby Sections
15
§ 5-3-1
Short title§ 5-3-10
Manner for service of process§ 5-3-11
Extension of filing deadlines§ 5-3-20
Attorney's fees and expenses§ 5-3-3
DefinitionsCite This Page — Counsel Stack
Bluebook (online)
Georgia § 5-5-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/5-5-40.