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Georgia’s Procedure for Filing a Motion for New Trial after a Jury Verdict

Each state has a distinctive rule governing the procedure when a party moves the court for a new trial. Under Georgia law, there are very specific grounds when a party can ask the court for a new trial. A common example of when a motion for a new trial may be granted is when the jury’s verdict is contrary to justice and equity, or when the verdict seems to go against the weight of the evidence presented. Additionally, a motion for a new trial may be granted when certain evidence was allowed at the time of trial, but it is found to be illegally admitted. Similarly, if evidence is found to be illegally withheld, a motion for a new trial may be granted. Finally, if material facts are discovered in favor of the person asking for a new trial, a judge may grant a motion for a new trial.


In certain circumstances, the judge presiding over the trial may use their discretion to grant a new trial. A judge may grant a new trial within 30 days of the judgment.

State Supreme Court Grants New Trial Because of Evidentiary Finding

The Supreme Court of Montana recently released their opinion concerning a 2010 personal injury lawsuit arising from a three-vehicle car accident. Two individuals who were driving separate vehicles were involved in the 2010 case. One of the parties, the defendant in this case, admitted that he was responsible for the accident. Three years following the accident, the other driver, the plaintiff in this case, alleged that the defendant’s negligence resulted in his injuries.

The trial was heard by a jury, which found that the driver who admitted liability did not cause the other driver’s injuries. Afterwards, the injured driver filed a motion with the court to vacate the jury’s verdict and asked the court for a new trial. The lower court granted the plaintiff’s motion and found that there was clear and uncontroverted evidence that the defendant caused the plaintiff’s injuries. The court also found that the jury’s verdict “materially affected” the injured party’s substantial rights. The defendant appealed to the Supreme Court, but the Supreme Court agreed with the lower court’s finding. The Supreme Court held that the lower court did not make an error when it granted the injured party’s motion for a new trial.

Have You Been Injured in an Accident in Georgia Because of Another’s Negligence?

If you or a loved one has been injured in a car accident, you should strongly consider hiring an attorney to represent you. An attorney at Miller Legal Services can assist you during all stages of your case. This includes negotiations, mediations, trials, and appeals. As you can see in the above case, jury verdicts are not always final. There are some situations when a judge can override a jury’s decision. It is important that you have an attorney so that you can navigate the complex procedural and substantive areas at issue in all personal injury cases. Contact an attorney at Miller Legal Services at 770-284-3727 to schedule your free initial consultation.

See Related Blog Posts:

Causal Link Necessary in Georgia Premises Liability Claims, Marietta Personal Injury Lawyer Blog, December 8, 2015.

Slip-and-Fall Injury Case Occurring at a Georgia Hospital Need Not Comply with Medical Malpractice Requirements, Marietta Personal Injury Lawyer Blog, November 25, 2015.