Counsel are reminded of their general ethical obligation to make reasonable efforts to expedite litigation consistent with the interests of their clients. The motion for new trial shall be heard and decided as promptly as possible. When the defendant’s presence is required by law, the defendant shall be procured for the motion for new trial unless the defendant waives his or her presence in writing. If the defendant is in custody, the state shall procure the defendant; if the defendant is not in custody, counsel for the defendant shall procure the defendant. A ruling on the motion shall be rendered within the time period required by law upon the record on the motion being complete and the transcript and post- hearing motions or other matters being submitted.
Rule 41.1.Time for Hearing
Rule 41. MOTIONS FOR NEW TRIAL · Last amended 2019 · Last verified July 17, 2026
In one sentenceRule 41.1 directs that motions for new trial be heard and decided as promptly as possible, requires the defendant’s presence to be arranged (by the state if in custody, by defense counsel if not) unless waived in writing, and sets the ruling due once the record, transcript, and post-hearing filings are complete.
Full Text of Rule 41.1
Plain-English Summary
Rule 41.1 opens with a reminder that lawyers already owe courts and clients: an ethical duty to move litigation along instead of letting it drift. From there, the rule sets the tone for how motions for new trial should be handled — heard and decided as promptly as possible, not shelved indefinitely.
When the law requires the defendant to be present for the hearing, someone has to make that happen, and the rule assigns that job based on custody status. If the defendant is in custody, the state arranges transport; if not, defense counsel is responsible for procuring the defendant’s appearance. Either way, the defendant can waive the presence requirement, but only in writing.
Once everything the court needs is in hand — the record on the motion, the transcript, and any post-hearing filings — the clock starts on the court’s obligation to rule within the time the law allows. That structure keeps the hearing itself from becoming the bottleneck; delay tends to happen instead in getting the transcript prepared and the record assembled, which is what Rule 41.2 addresses.
Frequently Asked Questions
What ethical obligation does Rule 41.1 remind counsel of?
Counsel are reminded of their general ethical obligation to make reasonable efforts to expedite litigation consistent with the interests of their clients.
Who is responsible for procuring the defendant’s presence at a motion for new trial hearing?
The state procures the defendant if the defendant is in custody; if not in custody, defense counsel is responsible for procuring the defendant’s presence.
Can a defendant skip the motion for new trial hearing?
Yes, the defendant’s presence requirement can be waived in writing.
When must the court rule on a motion for new trial?
The ruling must be rendered within the time period required by law once the record on the motion is complete and the transcript and any post-hearing motions or other matters have been submitted.
Does Rule 41.1 apply only to civil motions for new trial?
No, the rule’s reference to procuring the defendant’s presence shows it governs motions for new trial in criminal cases as well as civil ones.
Amendment History
Amended effective January 1, 2019.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: Georgia motion for new trial hearing time USCR 41when must Georgia court rule on new trial motiondefendant presence motion for new trial GeorgiaUSCR 41.1 expedite litigation ethical obligationGeorgia motion for new trial deadline