Time and Grounds for Motion Generally

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Verdict and Judgment Generally
  5. Motions in Arrest
  6. Time and Grounds for Motion Generally

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  1. When a judgment has been rendered, either party may move in arrest thereof for any defect not amendable which appears on the face of the record or pleadings.
  2. A motion in arrest of judgment must be made during the term at which the judgment was obtained.

(Orig. Code 1863, §§ 3506, 3507; Code 1868, §§ 3529, 3530; Code 1873, §§ 3587, 3588; Code 1882, §§ 3587, 3588; Civil Code 1895, §§ 5362, 5363; Civil Code 1910, §§ 5957, 5958; Code 1933, §§ 110-702, 110-703.)

RESEARCH REFERENCES

ALR.

- Time within which application to reopen or set aside a judgment by confession under warrant of attorney may be made, 112 A.L.R. 797.

Scope and character of meritorious defense as condition of relief from judgment, 174 A.L.R. 10.

Right of successful party to have judgment in his favor vacated or set aside on grounds of mistake, inadvertence, excusable neglect, or the like, 40 A.L.R.2d 1127.

Attorney's inaction as excuse for failure to timely prosecute action, 15 A.L.R.3d 674.

Right to a jury trial on motion to vacate judgment, 75 A.L.R.3d 894.

DNA evidence as newly discovered evidence which will warrant grant of new trial or other postconviction relief in criminal case, 125 A.L.R.5th 497.

Actual innocence exception to procedural bars in state post-conviction proceedings, 97 A.L.R.6th 263.


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