(a) The judges of the superior, state, and city courts, when counsel for either party requests it before argument begins, shall write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read; provided, however, that this Code section shall not apply when there is an official court reporter in attendance thereon who records the full charge of the trial judge in the case upon the direction of the court.
§ 9-10-5.Charges to be written out on request; exception; filing of written charges; copies
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1986 · Last verified July 17, 2026
In one sentenceIf counsel requests it before argument begins, judges in superior, state, and city courts must write out their jury charges and read them verbatim, though a court reporter’s full recording of the charge excuses the requirement, and any written charge must be filed with the clerk and made available in certified copies.
Full Text of § 9-10-5
(b) In any civil action, upon motion by a party, upon request by the jury, or sua sponte, a judge of a superior, state, or city court is authorized, but shall not be required, to reduce all of the charge to the jury to writing and send all of the charge so reduced to writing out with the jury during its deliberation.
(c) Any charge reduced to writing under subsection (a) or (b) of this Code section shall be filed with the clerk of the court in which it was given and shall be accessible to all persons interested in it. The clerk shall give certified copies of the charge to any person applying therefor, upon payment of the usual fee.
Plain-English Summary
This section gives lawyers a tool for locking down exactly what the judge tells the jury about the law. If either side asks before closing arguments start, the judge has to write the charge out in full and read it as written — no departing from the script, no extra or additional instructions layered on top. Giving anything beyond the written charge is treated as error.
There is a practical exception: if an official court reporter is on hand recording the full charge at the court’s direction, the judge does not have to write it out separately, since the transcript already captures it. Beyond that request scenario, a judge also has discretion — on a party’s motion, at the jury’s request, or on the judge’s own initiative — to reduce the whole charge to writing and send it into the jury room during deliberations, even without anyone invoking the earlier request right.
Whenever a charge does get reduced to writing, whether under the request provision or the discretionary one, it becomes part of the public record. The clerk has to file it and make it accessible, and anyone who wants a certified copy can get one by paying the usual fee.
Frequently Asked Questions
What must a judge do if counsel requests a written jury charge before argument begins?
The judge must write out the charge and read it to the jury as written; giving any other or additional charge beyond what was written and read is error.
Is there any exception to the write-and-read requirement?
Yes. It does not apply when an official court reporter is present and records the full charge of the trial judge at the court’s direction.
Can a written charge go into the jury room during deliberations?
Yes, a judge is authorized, though not required, to reduce the whole charge to writing and send it out with the jury during deliberations, upon a party’s motion, the jury’s request, or on the judge’s own initiative.
What happens to a jury charge once it is reduced to writing?
It must be filed with the clerk of the court where it was given and made accessible to anyone interested in it.
Can a member of the public get a copy of a written jury charge?
Yes, the clerk must give certified copies to anyone who applies for one, upon payment of the usual fee.
Amendment History
Ga. L. 1860, p. 42, §§ 1, 2; Code 1863, §§ 240, 241; Code 1868, §§ 234, 235; Code 1873, §§ 244, 245; Ga. L. 1877, p. 13, § 1; Ga. L. 1878-79, p. 150, § 1; Code 1882, §§ 244, 245; Civil Code 1895, §§ 4318, 4319; Penal Code 1895, §§ 1030, 1031; Ga. L. 1897, p. 41, § 1; Civil Code 1910, §§ 4847, 4848; Penal Code 1910, §§ 1056, 1057; Code 1933, §§ 81-1102, 81-1103; Ga. L. 1943, p. 262, § 1; Ga. L. 1982, p. 3, § 9; Ga. L. 1983, p. 884, § 3-3; Ga. L. 1986, p. 320, § 1.
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
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