It is error for any judge, during the progress of any case, or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved. Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error, the decision in the case shall be reversed, and a new trial shall be granted in the court below with such directions as the Supreme Court or the Court of Appeals may lawfully give.
§ 9-10-7.Expression by judge of opinion in case reversible error
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceA judge commits reversible error by expressing or hinting an opinion, at any point during a case or in the jury charge, about whether particular facts have or have not been proved, and any violation automatically triggers reversal and a new trial.
Full Text of § 9-10-7
Plain-English Summary
Judges are supposed to referee, not weigh in. This section forbids a judge from expressing or even hinting an opinion, during the case or in the charge to the jury, about whether something has or has not been proved. The concern is obvious: a jury that senses which way the judge leans may follow that lead instead of weighing the evidence on its own.
The consequence for breaking this rule is severe and automatic. If a judge violates the section, the Supreme Court or Court of Appeals must treat it as error, reverse the decision, and order a new trial. The appellate court can attach whatever directions to the new trial that it is otherwise entitled to give.
Frequently Asked Questions
What is a judge forbidden from doing under this section?
Expressing or intimating an opinion, during the progress of a case or in the charge to the jury, as to what has or has not been proved.
What happens on appeal if a judge violates this section?
The Supreme Court or Court of Appeals must hold the violation to be error, reverse the decision, and grant a new trial in the lower court.
Can the appellate court give instructions along with the new trial order?
Yes, the reversing court may attach such directions as it may lawfully give.
Does the rule only apply to the formal jury charge?
No, it applies both during the progress of the case generally and in the judge’s charge to the jury.
Is intimating an opinion treated the same as expressly stating one?
Yes, the section bars a judge from either expressing or intimating an opinion on what has or has not been proved.
Amendment History
Laws 1850, Cobb’s 1851 Digest, p. 462.; Code 1863, § 3172; Code 1868, § 3183; Code 1873, § 3248; Code 1882, § 3248; Civil Code 1895, § 4334; Penal Code 1895, § 1032; Civil Code 1910, § 4863; Penal Code 1910, § 1058; Code 1933, § 81-1104.
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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