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Georgia Code - Appeals and Error - Title 5Legal Research Home > Atlanta Lawyer > Appeals and Errors > Georgia Code - Appeals and Error - Title 5 Georgia Code - Appeals and Error - Title 5, Section 5-2-1 through 5-2-6 Reserved. ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-1 Reserved. ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-2 (a) An appeal shall lie to the superior court from any decision made by the probate court, except an order appointing a temporary administrator. (b) ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-3 An appeal may be entered by the plaintiff or defendant in person, or by his attorney at law or in fact and, if by the latter, he must ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-4 When there is more than one party plaintiff or defendant, and one or more of the parties plaintiff or defendant desire to appeal, and the others refuse or ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-5 Upon the appeal of either party plaintiff or defendant, as provided in Code Section 5-3-4, the whole record shall be taken up and all shall be bound by ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-6 The security, if any, of the party appealing shall be bound for the judgment on the appeal; and, in case the security is compelled to pay off the ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-7 An appeal shall suspend but not vacate a judgment and, if dismissed or withdrawn, the rights of all the parties shall be the same as if no appeal ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-8 After an appeal has been entered, no person shall be allowed to withdraw the appeal without the consent of the adverse party. ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-20 (a) Appeals to the superior court shall be filed within 30 days of the date the judgment, order, or decision complained of was entered. (b) ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-21 (a) An appeal to the superior court may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from. No particular form ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-22 (a) No appeal shall be heard in the superior court until any costs which have accrued in the court, agency, or tribunal below have been paid unless the ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-23 If an appeal is entered by the attorney at law or in fact, he may sign the name of the principal to the appeal bond, if required, and ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-24 Executors, administrators, and other trustees, when defending an action as such or defending solely the title of the estate, may enter an appeal without paying costs and giving ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-25 When several partners or joint contractors bring or defend an action as such, any one of the partners or joint contractors may enter an appeal in the name ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-26 Reserved. ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-27 No appeal shall be dismissed because of any defect in the notice of appeal, bond, or affidavit of indigence or because of the failure of the lower court, ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-28 (a) Within ten days of the filing of the notice of appeal, it shall be the duty of the judge or other official of the court, agency, or ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-29 An appeal to the superior court in any case where not otherwise provided by law is a de novo investigation. It brings up the whole record from the ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-30 (a) Upon the filing of an appeal from magistrate court to superior court or state court, the appeal shall be placed upon the court´s next calendar for nonjury ...
Georgia Code - Appeals and Error - Title 5, Section 5-3-31 If upon the trial of any appeal it shall appear to the jury that the appeal was frivolous and intended for delay only, they shall assess damages against ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-1 (a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including the judge of the ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-2 When either party in any case in any probate court lodges objections to any proceeding or decision in the case, affecting the real merits of the case, the ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-3 When either party in any case in any inferior judicatory or before any person exercising judicial powers is dissatisfied with the decision or judgment in the case, the ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-4 Reserved. ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-5 (a) Before any writ of certiorari shall issue, except as provided in subsection (c) of this Code section, the party applying for the same, his agent, or his ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-6 (a) All writs of certiorari shall be applied for within 30 days after the final determination of the case in which the error is alleged to have been ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-7 The answer to the writ of certiorari shall be filed in the clerk´s office within 30 days after service thereof on the respondent unless further time is granted ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-8 The answer shall not be written or dictated by either of the parties, or their attorneys, or any other person interested in the merits of the case. If ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-9 The petitioner or defendant in certiorari may traverse or except to the answer of the respondent, which exceptions or traverse shall be filed in writing, specifying the defects, ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-10 Certiorari proceedings shall be amendable at any stage, as to matters of form or substance, as to the petition, bond, answer, and traverse; and a valid bond may ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-11 (a) Certiorari cases shall be heard by the court without a jury, in chambers or in open court, upon reasonable notice to the parties, at any time that ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-12 (a) No ground of error shall be considered which is not distinctly set forth in the petition. (b) The scope of review shall be limited ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-13 No judge of a superior court shall grant a writ of certiorari or sustain the writ in a criminal or quasi-criminal case on the ground that the venue ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-14 (a) Upon the hearing of a writ of certiorari, the superior court may order the same to be dismissed or may return the same to the court from ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-15 In all cases pending in the superior courts upon certiorari from any inferior judicatory or any person exercising judicial powers, if the judge or other officer before whom ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-16 If after the hearing the certiorari is sustained and a final decision thereon is made by the superior court, the plaintiff may have judgment entered for the amount ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-17 If the certiorari is dismissed and a final decision is made in the case by the superior court, the defendant in certiorari may have judgment entered in the ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-18 If it shall be made to appear that a certiorari was frivolous and was applied for without good cause or only for the purpose of delay, the presiding ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-19 The writ of certiorari, when granted in civil cases, shall operate as a supersedeas of the judgment until the final hearing in the superior court. ...
Georgia Code - Appeals and Error - Title 5, Section 5-4-20 (a) Any person who has been convicted of any criminal or quasi-criminal offense or violation of any ordinance, in any inferior judicatory by whatever name called, except constitutional ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-1 (a) The superior, state, and juvenile courts and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-20 In any case when the verdict of a jury is found contrary to evidence and the principles of justice and equity, the judge presiding may grant a new ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-21 The presiding judge may exercise a sound discretion in granting or refusing new trials in cases where the verdict may be decidedly and strongly against the weight of ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-22 The courts may grant new trials in all cases when any material evidence may be illegally admitted to or illegally withheld from the jury over the objection of ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-23 A new trial may be granted in any case where any material evidence, not merely cumulative or impeaching in its character but relating to new and material facts, ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-24 (a) Except as otherwise provided in this Code section, in all civil cases, no party may complain of the giving or the failure to give an instruction to ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-25 In all motions for a new trial on other grounds, not provided for in this Code, the presiding judge must exercise a sound legal discretion in granting or ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-40 (a) All motions for new trial, except in extraordinary cases, shall be made within 30 days of the entry of the judgment on the verdict or entry of ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-41 (a) When a motion for a new trial is made after the expiration of a 30 day period from the entry of judgment, some good reason must be ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-42 (a) The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-43 A judge who did not try the case may, if presented with a motion for new trial within 30 days from the date of the verdict or judgment ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-44 In all motions for a new trial the opposite party shall be served with a copy of the rule nisi unless such copy is waived. The clerks of ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-45 A rule nisi for a new trial may be amended by adding new grounds not taken at the time the motion was filed. ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-46 (a) The rule nisi on a motion for a new trial in a criminal case shall not operate as a supersedeas unless it is so ordered by the ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-47 (a) It shall be the right of any person convicted of a crime which is bailable under the law, and in which case a motion for a new ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-48 When a new trial has been granted by the court, the case shall be placed on the docket for trial as though no trial had been had, subject ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-49 (a) A case decided by the Supreme Court or Court of Appeals which is not finally disposed of by the decision shall stand for further hearing at the ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-50 The first grant of a new trial shall not be disturbed by an appellate court unless the appellant shows that the judge abused his discretion in granting it ...
Georgia Code - Appeals and Error - Title 5, Section 5-5-51 In all civil cases in which a new trial is granted, if the grant of a new trial is based on the discretion of the judge, the judge ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-1 When a case is set for a hearing before the Supreme Court or the Court of Appeals and there are parties besides the plaintiffs and defendants, whether shown ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-2 The transcript of the record shall not be recorded by the clerk of the appellate court but shall be carefully labeled and filed so as to be found ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-3 (a) Whenever the appellate court may be unable to dispose of all cases on its docket for any term before the time fixed by law for the succeeding ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-4 The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-5 If there is a judgment of reversal, the appellant shall be entitled to a judgment for the amount of the costs in the appellate court against the appellee ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-6 When in the opinion of the court the case was taken up for delay only, 10 percent damages may be awarded by the appellate court upon any judgment ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-7 No decision shall be rendered ore tenus. The reporter shall publish in the official reports of the Supreme Court and the Court of Appeals all judgments, but only ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-8 The decision in each case shall be entered on the minutes. It shall be within the power of the appellate court rendering the decision in a case to ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-9 (a) Where a further hearing of the case is to follow in the lower court, the clerk of the appellate court shall transmit a copy of the opinion ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-10 The decision of the appellate court and any direction awarded in the case shall be certified by the clerk to the court below, under the seal of the ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-11 In all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case or has affirmed the denial of a petition ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-12 If the judgment of the lower court is affirmed, upon the filing of the remittitur with the clerk of the court below, the supersedeas shall cease and execution ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-13 (a) A judge of any trial court or tribunal having the power to adjudge and punish for contempt shall grant to any person convicted of or adjudged to ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-14 When judgments are rendered in the Supreme Court in injunction or other extraordinary cases, the judges of the superior courts may give immediate effect to such judgments. ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-15 The writ of certiorari shall lie from the Supreme Court to the Court of Appeals as provided by Article VI, Section VI, Paragraph V of the Constitution of ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-16 (a) When either the plaintiff or the defendant dies after a case has been tried and before the expiration of the time within which the party, if living, ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-30 It is the intention of this article to provide a procedure for taking cases to the Supreme Court and the Court of Appeals, as authorized in Article VI, ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-31 The filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of this article. ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-32 (a) Whenever under this article service or the giving of any notice is required or permitted to be made upon a party and the party is represented by ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-33 (a)(1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts may appeal from any sentence, judgment, decision, ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-34 (a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-35 (a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-36 (a) A motion for new trial need not be filed as a condition precedent to appeal or consideration of any judgment, ruling, or order in any case; but, ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-37 Unless otherwise provided by law, an appeal may be taken to the Supreme Court or the Court of Appeals by filing with the clerk of the court wherein ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-38 (a) A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial, ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-39 (a) Any judge of the trial court or any justice or judge of the appellate court to which the appeal is to be taken may, in his discretion, ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-40 The appellant and cross appellant shall file with the clerk of the appellate court, at such time as may be prescribed by its rules, an enumeration of the ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-41 (a) In all felony cases, the transcript of evidence and proceedings shall be reported and prepared by a court reporter as provided in Code Section 17-8-5 or as ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-42 If the appellant designates any matter to be omitted from the record on appeal as provided in Code Section 5-6-37, the appellee may, within 15 days of serving ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-43 (a) Within five days after the date of filing of the transcript of evidence and proceedings by the appellant or appellee, as the case may be, it shall ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-44 (a) Whenever two or more persons are defendants or plaintiffs in an action, and a judgment, verdict, or decree has been rendered against each of them, jointly or ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-45 (a) In all criminal cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas in all cases where a sentence ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-46 (a) In civil cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas upon payment of all costs in the ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-47 (a) In all civil cases where the party taking an appeal files an affidavit stating that because of his indigence he is unable to pay costs or to ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-48 (a) Failure of any party to perfect service of any notice or other paper hereunder shall not work dismissal; but the trial and appellate courts shall at any ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-49 (a) Bills of exceptions, exceptions pendente lite, assignments of error, and all rules relating thereto are abolished. (b) Motions for new trial and for judgment ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-50 The procedure provided in this article shall serve all purposes which a bill of exceptions or writ of error has served in the past; and, where under any ...
Georgia Code - Appeals and Error - Title 5, Section 5-6-51 The following suggested forms are declared to be sufficient, but any other form substantially complying therewith shall also be sufficient: (1) Notice of appeal -- ...
Georgia Code - Appeals and Error - Title 5, Section 5-7-1 (a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts ...
Georgia Code - Appeals and Error - Title 5, Section 5-7-2 Other than from an order, decision, or judgment sustaining a motion to suppress evidence illegally seized, in any appeal under this chapter where the order, decision, or judgment ...
Georgia Code - Appeals and Error - Title 5, Section 5-7-3 A proceeding by certiorari may be taken by and on behalf of the State of Georgia from one court to another court of this state, where the right ...
Georgia Code - Appeals and Error - Title 5, Section 5-7-4 An appeal by the state, except as otherwise provided for in this chapter, and certiorari by the state, when authorized by this chapter, shall be governed by the ...
Georgia Code - Appeals and Error - Title 5, Section 5-7-5 In the event the state files an appeal as authorized in this chapter, the accused shall be entitled to be released on reasonable bail pending the disposition of ...
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Last modified: May 2, 2006 |