Nathan Deal Judicial Center in Atlanta. Photo: Alex Anteau/ALM Ga. Court of Appeals Weighs Preponderance Standard Interpretation Under New Rules of Evidence
"We're not saying we're entitled to win, we're just saying we're entitled to a new trial under the correct statute," plaintiff-appellant attorney Michael Arndt said.
June 29, 2023 at 06:07 PM
5 minute read
When Georgia's new rules of evidence were adopted in 2010, the statute never included new language for defining "a preponderance of evidence" to a jury. Michael Arndt of Brodhead law, representing plaintiff-appellants in an auto tort, asked the Georgia Court of Appeals on June 21 to determine what that language will be and whether his client can have a new trial.
At trial, the definition of "preponderance of evidence" given to the jury was partially construed from a definition in Georgia's old evidentiary code. The plaintiff-appellants asked the court for a new trial as, according to Arndt, this was "harmful." The trial ultimately resulted in a defense verdict.
Michael Arndt of Brodhead Law. (Courtesy photo) This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
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