2020 Georgia Code
Title 5 - Appeal and Error
Chapter 6 - Certiorari and Appeals to Appellate Courts Generally
Article 2 - Appellate Practice
- § 5-6-30. Purpose of Article; Construction
- § 5-6-31. Entry of Judgment Defined
- § 5-6-32. Manner of Service of Notices and Other Papers Upon Parties; Waiver or Acknowledgment of Service
- § 5-6-33. Right of Appeal Generally
- § 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
- § 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
- § 5-6-36. Filing of Motion for New Trial and Motion for Judgment Notwithstanding Verdict Where Appeal Taken From Judgment, Ruling, or Order
- § 5-6-37. Filing and Contents of Notice of Appeal; Service of Notice Upon Parties to Appeal
- § 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
- § 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
- § 5-6-40. Enumeration of Errors
- § 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
- § 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
- § 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
- § 5-6-44. Authorization and Procedure Generally for Filing of Joint Appeals, Motions for New Trial, and Other Motions; Division of Costs Between Parties
- § 5-6-45. Operation of Notice of Appeal as Supersedeas in Criminal Cases; Bond; Review
- § 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
- § 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
- § 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
- § 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
- § 5-6-50. Procedure Provided by Article Supersedes Former Appellate Procedure
- § 5-6-51. Forms
ARTICLE 2 APPELLATE PRACTICE
Law reviews.
- For article suggesting change in Georgia appellate procedure prior to the adoption of the Appellate Practice Act, see 15 Ga. B.J. 322 (1953). For article advocating reform of appellate procedure prior to the adoption of the Appellate Practice Act, see 18 Ga. B.J. 415 (1956). For article outlining proposed revisions of appellate procedure rules with comments, prior to the adoption of the Appellate Practice Act, see 19 Ga. B.J. 145 (1956). For article, "A Discussion of the 1957 Amendments to Rules of Practice and Procedure in Georgia," see 19 Ga. B.J. 395 (1957). For article discussing results of legislative changes in appellate procedure, prior to the enactment of the Appellate Practice Act, see 20 Ga. B.J. 38 (1957). For article, "The Appellate Procedure Act of 1965" (this article), see 1 Ga. St. B.J. 451 (1965). For article, "1966 Amendments to the Appellate Procedure Act of 1965" (this article), see 2 Ga. St. B.J. 433 (1966). For article, "The 1967 Amendments to the Georgia Civil Practice Act and the Appellate Procedure Act" (this article), see 3 Ga. St. B.J. 383 (1967). For article discussing problems in Georgia appellate procedure after the adoption of the Appellate Practice Act of 1965 (this article), see 5 Ga. St. B.J. 231 (1968). For article discussing developments in Georgia appellate practice and procedure in 1976 to 1977 (this article), see 29 Mercer L. Rev. 21 (1977). For annual survey of appellate practice and procedure, see 36 Mercer L. Rev. 79 (1984). For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).
JUDICIAL DECISIONS
Legislative intent was to provide a uniform post-trial procedure in all courts of this state from which a writ of error (see O.C.G.A. ยง 5-6-50) would lie to Supreme Court or Court of Appeals at time of passage. White Oak Acres, Inc. v. Campbell, 113 Ga. App. 833, 149 S.E.2d 870 (1966); Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
Clear intent is to simplify procedures and avoid dismissal on appeal on account of technical deficiencies. Continental Cas. Co. v. Stephenson, 114 Ga. App. 555, 152 S.E.2d 5 (1966).
Forms of appeals and enumerations of error are governed by practically unlimited looseness authorized by this article. Thomas v. Scott, 221 Ga. 875, 148 S.E.2d 300 (1966) (see O.C.G.A. Art. 2, Ch. 6, T. 5).
Compliance is prerequisite to appellate jurisdiction.
- Appellate court lacks jurisdiction to review judgment sought to be appealed when the appellant fails to follow procedure which confers jurisdiction upon the appellate court. Associated Distribs., Inc. v. Willard, 242 Ga. 247, 248 S.E.2d 645 (1978).
Court's general powers cannot be used to correct noncompliance.
- While a court may have the general power to enter certain types of orders, such as those allowing late filing of papers or those entered or effective nunc pro tunc, that power cannot be used to correct failure to comply with the mandatory requirements of this article. Cranman Ins. Agency, Inc. v. Wilson Marine Sales & Serv., Inc., 147 Ga. App. 590, 249 S.E.2d 631 (1978) (see O.C.G.A. Art. 2, Ch. 6, T. 5).
Cited in Crosby v. Crosby, 247 Ga. 792, 279 S.E.2d 712 (1981); Duke v. State, 306 Ga. 171, 829 S.E.2d 348 (2019).
RESEARCH REFERENCES
ALR.
- Power of legislature to require appellate court to review evidence, 19 A.L.R. 744; 24 A.L.R. 1267; 33 A.L.R. 10.
Sufficiency of general objection or exception to evidence admitted without qualification, which was competent against one or more parties, but not all, 106 A.L.R. 467.
Interlocutory ruling or order of one judge as binding on another in same case, 132 A.L.R. 14.
Judgment favorable to convicted criminal defendant in subsequent civil action arising out of same offense as ground for reversal of conviction, 96 A.L.R.3d 1174.
