Georgia Code, Title 5, Chapter 6, Article 2 - Appellate Practice

• § 5-6-30 - Purpose of Article; Construction
  It is the intention of this article to provide a procedure for taking cases to the Supreme Court and the Court of Appeals, as...
• § 5-6-31 - Entry of Judgment Defined
  The filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of this article.
• § 5-6-32 - Manner of Service of Notices and Other Papers Upon Parties; Waiver or Acknowledgment of Service
  (a) Whenever under this article service or the giving of any notice is required or permitted to be made upon a party and the...
• § 5-6-33 - Right of Appeal Generally
  (a) (1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts may appeal...
• § 5-6-34 - Judgments and Rulings Deemed Directly Appealable; Procedure for Review of Judgments, Orders, or Decisions Not Subject to Direct Appeal; Scope of Review; Hearings in Criminal Cases Involving a Capital Offense for Which Death Penalty is Sought; Appeals Involving Nonmonetary Judgments in Child Custody Cases.
  (a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts,...
• § 5-6-35 - Cases Requiring Application for Appeal; Requirements for Application; Exhibits; Response; Issuance of Appellate Court Order Regarding Appeal; Procedure; Supersedeas; Jurisdiction of Appeal; Appeals Involving Nonmonetary Judgments in Custody Cases
  (a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing...
• § 5-6-36 - Filing of Motion for New Trial and Motion for Judgment Notwithstanding Verdict Where Appeal Taken From Judgment, Ruling, or Order
  (a) A motion for new trial need not be filed as a condition precedent to appeal or consideration of any judgment, ruling, or order...
• § 5-6-37 - Filing and Contents of Notice of Appeal; Service of Notice Upon Parties to Appeal
  Unless otherwise provided by law, an appeal may be taken to the Supreme Court or the Court of Appeals by filing with the clerk...
• § 5-6-38 - Time of Filing Notice of Appeal; Cross Appeal; Record and Transcript for Cross Appeal; Division of Costs; Appeals in Capital Offense Cases for Which Death Penalty is Sought
  (a) A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a...
• § 5-6-39 - Extensions of Time for Filing Notice of Appeal, Notice of Cross Appeal, Transcript of Evidence, Designation of Record and Other Similar Motions
  (a) Any judge of the trial court or any justice or judge of the appellate court to which the appeal is to be taken...
• § 5-6-40 - Enumeration of Errors
  The appellant and cross appellant shall file with the clerk of the appellate court, at such time as may be prescribed by its rules,...
• § 5-6-41 - Reporting, Preparation, and Disposition of Transcript; Correction of Omissions or Misstatements; Preparation of Transcript From Recollections; Filing of Disallowed Papers; Filing of Stipulations in Lieu of Transcript; Reporting At Party's Expense
  (a) In all felony cases, the transcript of evidence and proceedings shall be reported and prepared by a court reporter as provided in Code...
• § 5-6-42 - Procedure for Preparation and Filing of Transcript of Evidence and Proceedings Where Appellant Designates Matter to Be Omitted From Record on Appeal; Extensions of Time for Completion of Transcript
  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...
• § 5-6-43 - Preparation and Transmittal of Record on Appeal by Court Clerk; Retention of Copy by Clerk; Furnishing At No Cost to Attorney General in Capital Cases; Notification Where Defendant Confined to Jail
  (a) Within five days after the date of filing of the transcript of evidence and proceedings by the appellant or appellee, as the case...
• § 5-6-44 - Authorization and Procedure Generally for Filing of Joint Appeals, Motions for New Trial, and Other Motions; Division of Costs Between Parties
  (a) Whenever two or more persons are defendants or plaintiffs in an action, and a judgment, verdict, or decree has been rendered against each...
• § 5-6-45 - Operation of Notice of Appeal As Supersedeas in Criminal Cases; Bond; Review
  (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...
• § 5-6-46 - Operation of Notice of Appeal As Supersedeas in Civil Cases; Requirement of Supersedeas Bond or Other Security; Fixing of Amount; Procedure Upon No or Insufficient Filing; Effect of Bond As to Liability of Surety; Punitive Damages
  (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...
• § 5-6-47 - Operation of Notice of Appeal and Affidavit of Indigence As Supersedeas in Civil Cases; Procedure for Contests As to Truth of Affidavit
  (a) In all civil cases where the party taking an appeal files an affidavit stating that because of his indigence he is unable to...
• § 5-6-48 - Grounds for Dismissal of Appeal; Amendments; Correcting or Supplementing Record or Transcript; Effect of Dismissal of Appeal Upon Cross Appeal; Effect of Deficiencies Upon Consideration of Appeal
  (a) Failure of any party to perfect service of any notice or other paper hereunder shall not work dismissal; but the trial and appellate...
• § 5-6-49 - Bills of Exceptions, Exceptions Pendente Lite, Assignments of Error Abolished; Contents of Motions for New Trial and for J. N. O. V
  (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...
• § 5-6-50 - Procedure Provided by Article Supersedes Former Appellate Procedure
  The procedure provided in this article shall serve all purposes which a bill of exceptions or writ of error has served in the past;...
• § 5-6-51 - Forms
  The following suggested forms are declared to be sufficient, but any other form substantially complying therewith shall also be sufficient: (1) Notice of appeal...

Last modified: October 14, 2016