Legal Question in Civil Litigation in Georgia
Judge overturning jury verdict in Civil case
After a jury returned it's verdict, the presiding Judge overturned the verdict after 10 days and isued his own verdict, although in direct contrast to the jury's decision. During deliberations, the Jury posed a question to the Judge, which he answered, which the jury used to formulate their verdict. After he overturned the Jury verdict, he then sealed the case in the recorders office, disallowing the defendant or anyone from reviewing the court documents. Recently while researching the case thru county webfiles, the Judge who was assigned and presided on the case was not the Judge who signed off on the website report and the case is still sealed. The case did not involve any issue that warranted the seal and the court was not closed to the public. When is it applicable for a judge to overturn a jury verdict, issue his own and seal the case in the recorders office? How can the case be unsealed for review?
2 Answers from Attorneys
Re: Judge overturning jury verdict in Civil case
Generally, judges have broad discretion regarding jury verdicts and sealing of cases. Therefore, without actually going to the courthouse to investigate and talking to the attorneys involved, it is impossible to tell you whether or not the judge did anything wrong.
Re: Judge overturning jury verdict in Civil case
You have several things jumbled together. Yes, judges occasionally overturn the jury verdict if, in very simplified terms, they believe it is clearly wrong. If one wants to overturn it, they must file the appropriate motion or appeal. The same basically goes for the sealed record. Without the facts, no one can really go further than that. I do not see how jury questions or judge assignments are relevant, so I'll not address those.
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