Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall also rebuke counsel and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds. In its discretion, the court may order a mistrial if the plaintiff’s attorney is the offender.
§ 9-10-185.Prejudicial statements by counsel; prevention by court; rebuke of counsel and instruction to jury; mistrial
Chapter 10. Civil Practice and Procedure Generally · Article 8. Argument and Conduct of Counsel · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-185 requires a court to stop counsel from making prejudicial statements not in evidence in the jury’s hearing, rebuke counsel and instruct the jury to disregard the statement once an objection is made, and allows a mistrial in the court’s discretion when the plaintiff’s attorney is the offender.
Full Text of § 9-10-185
Plain-English Summary
Trial arguments can drift into territory the evidence never supported, and this section tells the judge to shut that down. When counsel, within the jury’s hearing, makes statements about prejudicial matters that are not in evidence, the court has a duty to step in and stop it.
Once a party objects, the court’s job expands beyond just stopping the statement. The judge must rebuke the offending counsel and, through proper jury instructions, try to remove whatever improper impression the statement left in the jurors’ minds.
The most serious remedy — a mistrial — is available but not automatic, and the statute ties it to a specific circumstance: the court may, in its discretion, order a mistrial if the plaintiff’s attorney is the one who made the improper statement.
Frequently Asked Questions
What triggers the court’s duty to intervene under this section?
Counsel making statements of prejudicial matters, in the hearing of the jury, that are not in evidence.
What must the court do once a party objects to such a statement?
Rebuke counsel and give the jury needful and proper instructions to try to remove the improper impression from their minds.
Can the court order a mistrial for a prejudicial statement?
Yes, in its discretion, if the plaintiff’s attorney is the offender.
Does the court have to wait for an objection before stopping a prejudicial statement?
No. The statute says it is the duty of the court to interpose and prevent prejudicial statements not in evidence; the rebuke-and-instruction step follows once an objection is made.
Does this section address what happens if the defense attorney makes the prejudicial statement?
The text ties the discretionary mistrial remedy to the plaintiff’s attorney being the offender; the rebuke and instruction duties apply regardless of which side’s counsel made the statement.
Amendment History
Civil Code 1895, § 4419; Civil Code 1910, § 4957; Code 1933, § 81-1009.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: prejudicial statement mistrial georgiaattorney misconduct jury argument georgiacourt rebuke counsel jury instruction georgiamistrial plaintiff attorney georgia civil