Georgia § 5-5-49 - Trial of cases returned for new trial by appellate courts.
Full text of Georgia Official Code of Georgia Annotated § 5-5-49 — Trial of cases returned for new trial by appellate courts., with citation guidance and answers to common questions.
§ 5-5-49. Trial of cases returned for new trial by appellate courts.
A case decided by the Supreme Court or Court of Appeals which is not finally disposed of by the decision shall stand for further hearing at the term next ensuing after the decision by the appellate court unless the lower court is in session when the decision is made, in which event it shall stand for trial during such term of the lower court. The clerk of the lower court, upon receipt of the remittitur of the appellate court, shall docket the case for trial in accordance with subsection (a) of this Code section. The judge presiding may in his discretion postpone the hearing of any such case to a day in the term as to him may seem reasonable; or, if necessary to give proper time for preparation, he may continue the case until the next term of the court. (Ga. L. 1892, p. 103, §§ 1-3; Civil Code 1895, §§ 5490, 5491, 5492; Civil Code 1910, §§ 6095, 6096, 6097; Code 1933, §§ 70-402, 70-403, 70-404.) Cross references. - Provisions regarding continuance of cases returned by appellate courts for trial, §§ 9-10-162 , 17-8-34 .
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 5-5-49
What does Official Code of Georgia Annotated § 5-5-49 cover?
Section 5-5-49 ("Trial of cases returned for new trial by appellate courts.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 5-5-49?
A common citation format is "Official Code of Georgia Annotated § 5-5-49" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 5-5-49 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.