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42 - Form for motion for new trial
2010 Georgia Code
TITLE 5 - APPEAL AND ERROR
CHAPTER 5 - NEW TRIAL
ARTICLE 3 - PROCEDURE
§ 5-5-42 - Form for motion for new trial
O.C.G.A. 5-5-42 (2010)
5-5-42. Form for motion for new trial
(a) The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be
sufficient, but any other form substantially complying therewith shall also be sufficient.
(b) Form for motion for new trial in civil cases:
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
Plaintiff )
)
v. ) Civil Action
) File no.
)
Defendant )
)
MOTION FOR NEW TRIAL
Defendant moves the court to set aside the verdict returned herein on
(date) , , and the judgment entered thereon on (date) ,
, and to grant a new trial on the following grounds:
(1) The verdict is contrary to law.
(2) The verdict is contrary to the evidence.
(3) The verdict is strongly against the weight of the evidence.
(4) The court erred in permitting witness Smith to testify as follows:
.
(5) The court erred in failing to charge the jury on unavoidable
accident as requested in writing by defendant.
(6) The court erred in charging the jury as follows: .
Dated: .
Attorney for defendant
Address
(Here set forth rule nisi and certificate of service.)
(c) The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be
sufficient but any other form substantially complying therewith shall also be sufficient.
(d) Form for motion for new trial in criminal cases:
IN THE COURT OF COUNTY
STATE OF GEORGIA
)
The State )
)
v. ) Indictment
) Accusation
)
Defendant ) File no.
MOTION FOR NEW TRIAL
Defendant moves the court to set aside the verdict returned herein on
(date) , , and the sentence entered thereon on (date) ,
, and to grant a new trial on the following grounds:
(1) The defendant should be acquitted and discharged due to the state's
failure to prove guilt beyond a reasonable doubt.
(2) Although the state proved the defendant's guilt beyond a reasonable
doubt, the evidence was sufficiently close to warrant the trial judge to
exercise his discretion to grant the defendant a retrial.
(3) The court committed an error of law warranting a new trial.
Dated: .
Attorney for defendant
Address
(Here set forth rule nisi and certificate of service.)
Lawskills.com Georgia Caselaw Thursday May 21
08:44 EDT
This site
IN THE INTEREST OF M. A. L., a child.
A91A2256.
(202 Ga. App. 768)
(415 SE2d 649)
(1992)
POPE, Judge.
Termination of parental rights. Clayton Juvenile Court. Before Judge Glaze.
Appellant, the mother of M. A. L., appeals the order of the Juvenile Court of
Clayton County terminating her parental rights. Held:
At the outset we must determine our jurisdiction to entertain this appeal,
although this issue has not been raised by either party.
The record shows the trial court's order terminating appellant's parental rights
was signed by the juvenile court judge on November 15, 1990, but that the order was
not filed until January 28, 1991. Appellant filed a motion for new trial on January 9,
1991. It appears, therefore, that appellant's motion for new trial was prematurely
filed. However, and pretermitting the issue of the timeliness of appellant's motion for
new trial, we reiterate that a motion for new trial may not be used to attack an order
of the juvenile court, inasmuch as a juvenile court has no authority to consider or
grant new trials. See OCGA 5-5-1; In the Interest of J. O., 191 Ga. App. 521 (1)
(382 SE2d 214) (1989). Thus a motion for new trial, even whentimely filed, will not
"toll" the time for filing an appeal in a juvenile court case. See In the Interest of J. O.,
at (1).
A juvenile court order can be challenged, however, by the filing of a motion to
modify or vacate pursuant to OCGA 15-11-42. Id.; In re P. S. C., 143 Ga. App. 887
(240 SE2d 165) (1977). An order on such a motion filed within the statutory appeal
period is appealable to this court, evenif the order is rendered more than 30 days
from the original order sought to be vacated or modified. In the Interest of J. O., at
522 (1).
In determining whether a motion filed within the 30-day statutory appeal period
will be treated as a motion to vacate or modify pursuant to OCGA 15-11-42, this court
will look to the substance of the motion, not its nomenclature. Id. Here, the only
motion filed withinthe 30-day statutory appeal period did nothing more than
challenge the sufficiency of the evidence on which the juvenile court's order was
based and state that the juvenile court committed error requiring a new trial. The
motion made no reference to any of the factors which would warrant the vacation or
modification of the court's order under OCGA 15-11-42. Consequently, the motion in
this case cannot be treated as a motion to modify or vacate pursuant to that section.
Cf. id.
Although appellant did file a motion under OCGA 15-11-42 several months later,
this motion was well outside the statutory appeal period, which was not extended by
the filing of the motion for new trial since, as stated above, such motions are without
effect in a juvenile court case. Consequently the only appealable order in this case
was the original order terminating appellant's parental rights, filed on January 28,
1991. Appellant filed her notice of appeal on July 18, 1991. It follows that the notice
of appeal was not timely filed in this case and we are without jurisdiction to entertain
this appeal, which must, therefore, be dismissed.
Michael J. Bowers, Attorney General, William C. Joy, Senior Assistant Attorney
General, Margot M. Cairnes, Staff Attorney, Foster & Foster, Michael D. Anderson,
exists
because of
donors like
you.
Thanks!
Lillian L. Neal, for appellee.
Randall L. Keen, for appellant.
DECIDED JANUARY 16, 1992 -- RECONSIDERATION DENIED FEBRUARY 11, 1992 --
CERT. APPLIED FOR.
Citing Cases:
IN THE INTEREST OF B. S. H., a child. (236 Ga. App. 879) (514 SE2d 70) (1999)
IN THE INTEREST OF T. A. W., a child. (265 Ga. 106) (454 SE2d 134) (1995)
BOWEN v. BALL. (215 Ga. App. 640) (451 SE2d 502) (1994)
(214 Ga. App. 1) (447 SE2d 136) (1994)
IN THE INTEREST OF A. C. J., a child. (211 Ga. App. 865) (440 SE2d 751) (1994)
IN THE INTEREST OF C. M., a child. (205 Ga. App. 543) (423 SE2d 280) (1992)
http://www.djj.state.ga.us/FacilitiesPrograms/fpOBHS.shtml
Office of Behavioral Health Services
The Office of Behavioral Health Services (OBHS) is committed to ensuring thatyouth in DJJ facilities receive the services th ey need and manages
and administers the behavioral health service program in all DJJ facilities.This includes the screening,assessment and treatment of youth placed
in DJJ facilities who have a mental illness, emotional disturbance or substance abuse problem. Within two hours of admission, all youth are
screened for mental health,substance abuse and suicide risk. Approximately 43% of those youth screened upon admission are found to have a
mental illness,emotional disturbance or substance abuse problem are referred for a more thorough mental health assessment. The primary goal
is to identify any at-risk youth as early as possible and then to provide the care required to ensure that their basic mental health and substance
abuse needs are met.This goal is accomplished through services provided to youth on a designated Mental Health or Substance Abuse Services
Caseload by master’s level clinicians and/or Substance Abuse Counselors, psychologists and psychiatrists in each secure facility.
Services offered to youth on the Mental Health and Substance Abuse Services caseloads adhere to currentbest practices and me et the identified
needs of the youth in DJJ secure facilities, utilizing clinical treatment pathways. Services offered are driven through an individuali zed treatment
plan utilizing interventions such as individual and group counseling, medication management, crisis intervention and family counseling.
In its commitmentto use currentbestpractices for youth in a juvenile justice setting,OBHS has implemented evidence -based treatmentmodels of
care, these include:
A New Freedom: A mental health and substance abuse treatment model that is based on evidence-based concepts of cognitive-behavioral
therapy (CBT), motivational enhancement(MET), motivational interviewing (MI), trans -theoretical stages ofchange,the social learning model and
key coping and problem solving skills for self-efficacy;
The Seven Challenges: A Program designed specificallyfor adolescents with drug problems,to motivate a decision and commitmentto change –
and to supportsuccess in implementing the desired changes. The Program simultaneously helps young people address their drug problems as
well as their co-occurring life skill deficits, situational problems, and psychological problems.
Trauma-Focused Cognitive behavioral Therapy (TF-CBT): A conjoint child and parent psychotherapy approach for children and adolescents
who are experiencing significantemotional and behavioral difficulties related to traumatic life events. It is a component-based treatmentmodel that
incorporates trauma-sensitive interventions with cognitive behavioral, family, and humanistic principles and techniques; and
Collaborative Assessment and Management of Suicidality (CAMS): This approach to suicidality integrates a range of theoretical orientations
(including psychodynamic,cognitive,behavioral, humanistic, existential, and interpersonal notions) into a structured clinical format emphasizing
the importance ofthe counselor and clientworking together to elucidate and understand the "functional"role of suicidal tho ughts and behaviors in
the patient's life.

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How to file motion for new trial 07142015

  • 1. 42 - Form for motion for new trial 2010 Georgia Code TITLE 5 - APPEAL AND ERROR CHAPTER 5 - NEW TRIAL ARTICLE 3 - PROCEDURE § 5-5-42 - Form for motion for new trial O.C.G.A. 5-5-42 (2010) 5-5-42. Form for motion for new trial (a) The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying therewith shall also be sufficient. (b) Form for motion for new trial in civil cases: IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff ) ) v. ) Civil Action ) File no. ) Defendant ) ) MOTION FOR NEW TRIAL
  • 2. Defendant moves the court to set aside the verdict returned herein on (date) , , and the judgment entered thereon on (date) , , and to grant a new trial on the following grounds: (1) The verdict is contrary to law. (2) The verdict is contrary to the evidence. (3) The verdict is strongly against the weight of the evidence. (4) The court erred in permitting witness Smith to testify as follows: . (5) The court erred in failing to charge the jury on unavoidable accident as requested in writing by defendant. (6) The court erred in charging the jury as follows: . Dated: . Attorney for defendant Address (Here set forth rule nisi and certificate of service.) (c) The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be sufficient but any other form substantially complying therewith shall also be sufficient. (d) Form for motion for new trial in criminal cases: IN THE COURT OF COUNTY STATE OF GEORGIA ) The State ) ) v. ) Indictment ) Accusation )
  • 3. Defendant ) File no. MOTION FOR NEW TRIAL Defendant moves the court to set aside the verdict returned herein on (date) , , and the sentence entered thereon on (date) , , and to grant a new trial on the following grounds: (1) The defendant should be acquitted and discharged due to the state's failure to prove guilt beyond a reasonable doubt. (2) Although the state proved the defendant's guilt beyond a reasonable doubt, the evidence was sufficiently close to warrant the trial judge to exercise his discretion to grant the defendant a retrial. (3) The court committed an error of law warranting a new trial. Dated: . Attorney for defendant Address (Here set forth rule nisi and certificate of service.) Lawskills.com Georgia Caselaw Thursday May 21 08:44 EDT This site
  • 4. IN THE INTEREST OF M. A. L., a child. A91A2256. (202 Ga. App. 768) (415 SE2d 649) (1992) POPE, Judge. Termination of parental rights. Clayton Juvenile Court. Before Judge Glaze. Appellant, the mother of M. A. L., appeals the order of the Juvenile Court of Clayton County terminating her parental rights. Held: At the outset we must determine our jurisdiction to entertain this appeal, although this issue has not been raised by either party. The record shows the trial court's order terminating appellant's parental rights was signed by the juvenile court judge on November 15, 1990, but that the order was not filed until January 28, 1991. Appellant filed a motion for new trial on January 9, 1991. It appears, therefore, that appellant's motion for new trial was prematurely filed. However, and pretermitting the issue of the timeliness of appellant's motion for new trial, we reiterate that a motion for new trial may not be used to attack an order of the juvenile court, inasmuch as a juvenile court has no authority to consider or grant new trials. See OCGA 5-5-1; In the Interest of J. O., 191 Ga. App. 521 (1) (382 SE2d 214) (1989). Thus a motion for new trial, even whentimely filed, will not "toll" the time for filing an appeal in a juvenile court case. See In the Interest of J. O., at (1). A juvenile court order can be challenged, however, by the filing of a motion to modify or vacate pursuant to OCGA 15-11-42. Id.; In re P. S. C., 143 Ga. App. 887 (240 SE2d 165) (1977). An order on such a motion filed within the statutory appeal period is appealable to this court, evenif the order is rendered more than 30 days from the original order sought to be vacated or modified. In the Interest of J. O., at 522 (1). In determining whether a motion filed within the 30-day statutory appeal period will be treated as a motion to vacate or modify pursuant to OCGA 15-11-42, this court will look to the substance of the motion, not its nomenclature. Id. Here, the only motion filed withinthe 30-day statutory appeal period did nothing more than challenge the sufficiency of the evidence on which the juvenile court's order was based and state that the juvenile court committed error requiring a new trial. The motion made no reference to any of the factors which would warrant the vacation or modification of the court's order under OCGA 15-11-42. Consequently, the motion in this case cannot be treated as a motion to modify or vacate pursuant to that section. Cf. id. Although appellant did file a motion under OCGA 15-11-42 several months later, this motion was well outside the statutory appeal period, which was not extended by the filing of the motion for new trial since, as stated above, such motions are without effect in a juvenile court case. Consequently the only appealable order in this case was the original order terminating appellant's parental rights, filed on January 28, 1991. Appellant filed her notice of appeal on July 18, 1991. It follows that the notice of appeal was not timely filed in this case and we are without jurisdiction to entertain this appeal, which must, therefore, be dismissed. Michael J. Bowers, Attorney General, William C. Joy, Senior Assistant Attorney General, Margot M. Cairnes, Staff Attorney, Foster & Foster, Michael D. Anderson, exists because of donors like you. Thanks!
  • 5. Lillian L. Neal, for appellee. Randall L. Keen, for appellant. DECIDED JANUARY 16, 1992 -- RECONSIDERATION DENIED FEBRUARY 11, 1992 -- CERT. APPLIED FOR. Citing Cases: IN THE INTEREST OF B. S. H., a child. (236 Ga. App. 879) (514 SE2d 70) (1999) IN THE INTEREST OF T. A. W., a child. (265 Ga. 106) (454 SE2d 134) (1995) BOWEN v. BALL. (215 Ga. App. 640) (451 SE2d 502) (1994) (214 Ga. App. 1) (447 SE2d 136) (1994) IN THE INTEREST OF A. C. J., a child. (211 Ga. App. 865) (440 SE2d 751) (1994) IN THE INTEREST OF C. M., a child. (205 Ga. App. 543) (423 SE2d 280) (1992) http://www.djj.state.ga.us/FacilitiesPrograms/fpOBHS.shtml Office of Behavioral Health Services The Office of Behavioral Health Services (OBHS) is committed to ensuring thatyouth in DJJ facilities receive the services th ey need and manages and administers the behavioral health service program in all DJJ facilities.This includes the screening,assessment and treatment of youth placed in DJJ facilities who have a mental illness, emotional disturbance or substance abuse problem. Within two hours of admission, all youth are screened for mental health,substance abuse and suicide risk. Approximately 43% of those youth screened upon admission are found to have a mental illness,emotional disturbance or substance abuse problem are referred for a more thorough mental health assessment. The primary goal is to identify any at-risk youth as early as possible and then to provide the care required to ensure that their basic mental health and substance abuse needs are met.This goal is accomplished through services provided to youth on a designated Mental Health or Substance Abuse Services Caseload by master’s level clinicians and/or Substance Abuse Counselors, psychologists and psychiatrists in each secure facility. Services offered to youth on the Mental Health and Substance Abuse Services caseloads adhere to currentbest practices and me et the identified needs of the youth in DJJ secure facilities, utilizing clinical treatment pathways. Services offered are driven through an individuali zed treatment plan utilizing interventions such as individual and group counseling, medication management, crisis intervention and family counseling. In its commitmentto use currentbestpractices for youth in a juvenile justice setting,OBHS has implemented evidence -based treatmentmodels of care, these include: A New Freedom: A mental health and substance abuse treatment model that is based on evidence-based concepts of cognitive-behavioral therapy (CBT), motivational enhancement(MET), motivational interviewing (MI), trans -theoretical stages ofchange,the social learning model and key coping and problem solving skills for self-efficacy; The Seven Challenges: A Program designed specificallyfor adolescents with drug problems,to motivate a decision and commitmentto change – and to supportsuccess in implementing the desired changes. The Program simultaneously helps young people address their drug problems as well as their co-occurring life skill deficits, situational problems, and psychological problems. Trauma-Focused Cognitive behavioral Therapy (TF-CBT): A conjoint child and parent psychotherapy approach for children and adolescents who are experiencing significantemotional and behavioral difficulties related to traumatic life events. It is a component-based treatmentmodel that incorporates trauma-sensitive interventions with cognitive behavioral, family, and humanistic principles and techniques; and Collaborative Assessment and Management of Suicidality (CAMS): This approach to suicidality integrates a range of theoretical orientations (including psychodynamic,cognitive,behavioral, humanistic, existential, and interpersonal notions) into a structured clinical format emphasizing the importance ofthe counselor and clientworking together to elucidate and understand the "functional"role of suicidal tho ughts and behaviors in the patient's life.