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posted on 3/10/10
April Oral Arguments Rescheduled |
Please be advised oral arguments for the Fourth Division of the Court of Appeals of Georgia originally scheduled for Wednesday, April 07, 2010 at 10:00 a.m have been rescheduled to Wednesday, May 12, 2010 at 10:00 a.m.
Oral arguments for the Second Division of the Court of Appeals of Georgia originally scheduled for Thursday, April 15, 2010 at 10:00 a.m. have been rescheduled to Thursday, May 6, 2010 at 10:00 a.m.
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posted on 12/16/09
Increase of Costs for Copies |
Beginning January 1, 2010, copying costs in the Court of Appeals of Georgia will be $1.50 per page. No longer will there be a minimum $5.00 charge for opinions of 5 pages or less.
The cost for a copy of an Index will remain $4.00. Also, the cost of a Case History will remain $4.00. |
posted on 12/3/09
Court of Appeals launches E-File System |
All attorneys representing litigants in the Court of Appeals of Georgia are eligible to register with the court to submit briefs electronically. Chief Judge M. Yvette Miller announced the Court's EFAST system, tested during the month of November, is on line today.
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Attorney General Thurbert Baker registers on the EFAST system with Chief Judge M. Yvette Miller, Court of Appeals of Georgia and Representative Chuck Martin observing. |
She encourages practicing attorneys to try the system and hopes that they find it both easy to use and beneficial to their practice. To access complete instructions for the new e-filing system on-line, you may go to the Court of Appeals of Georgia web page at www.gaappeals.us.
The Court of Appeals and vendor, TriVir, LLC, have tested the new system using electronic briefs submitted by the Georgia Public Defender Standards Council and the State Law Department, Office of the Attorney General. Chief Judge Miller noted that during the initial phase the Court will accept electronic briefs only.
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Chief Judge M. Yvette Miller, of the Court of Appeals of Georgia and Attorney General Thurbert Baker following the Attorney General’s successful registration on the Court of Appeals of Georgia EFAST system.
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The e-filing capability will expand in early 2010 for the next phase which will include Requests to Argue, Motions including Extensions to File Briefs, and others. This phase will also give the Court the capability to respond electronically to those motions. Litigants filing traditional paper documents will continue to receive Court orders by First Class Mail.
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Attorney Cindy Wang, Georgia Public Defender Standards Council, prepares to send the first brief to the Court of Appeals through the EFAST system with Judge Herbert E. Phipps, Court of Appeals of Georgia, John Ruggeri, Information Technology Director, Court of Appeals of Georgia and Attorney Jimmonique Rogers observing.
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"This is an extraordinary moment in the history of the Court of Appeals," Chief Judge Miller stated. "I am proud to make the most up-to-date technology available to attorneys throughout the State of Georgia."
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posted on 10/20/09
COA Website |
| The Court of Appeals website has been moved to a new server. If you know of someone having difficulties getting to our site be advised that rebooting the pc or having the Domain Name Service (DNS) cache cleared will resolve the problem. Contact your local ISP or technical support group for further steps on how to complete this process. |
posted on 7/24/09
2010 State Holidays |
The following is a list of the state holidays when the Capital and all state agencies will be closed in 2010:
New Year's Day - Friday, January 1
Robert E. Lee's Birthday - January 19 - will be observed on Friday, November 26
Martin Luther King, Jr.'s Brithday - Monday, January 18
Washington's Birthday - February 15 - will be observed on Thursday, December 23
Confederate Memorial Day - Monday, April 26
Memorial Day - Monday, May 31
Independence Day - July 4 - Will be observed on Friday, July 2
Labor Day - Monday, September 6
Columbus Day - Monday, October 11
Veterans Day - Thursday, November 11
Thanksgiving Day - Thursday, November 25
Christmas Day - December 25 - Will be observed on Friday, December 24 |
posted on 5/13/09
House Bill 283 |
| On May 5th, 2009, Governor Sonny Perdue signed into law House Bill 283. House Bill 283 will, among other things, raise the filing fee in the Supreme Court and Court of Appeals in civil appeals and civil applications from $80.00 to $300.00. The filing fee in criminal cases and most habeas cases will remain $80.00.
The effective date of the bill is July 1st, 2009. Any appellants’ briefs in civil cases or civil applications filed with the Court of Appeals of Georgia on or after July 1st, 2009 must be accompanied by the $300.00 filing fee or a sufficient pauper’s affidavit.
Pursuant to OCGA §5-6-4, the clerk is prohibited from receiving the application for appeal or the Brief of the Appellant unless the costs have been paid or a sufficient affidavit of indigence is filed or contained in the record.
For a copy of the as passed version of the bill, go to: http://www.legis.state.ga.us; click on Legislation, enter HB 283 and hit “Retrieve the Bill”. |
posted on 1/5/09
M. Yvette Miller, New Chief Judge of the Court of Appeals |
| At its October Administrative Banc Meeting, the Court of Appeals of Georgia elected, by acclamation, Judge M. Yvette Miller as the 24th Chief Judge of the Court of Appeals of Georgia. Judge Miller will assume her duties as Chief Judge effective January 1, 2009 and will continue in that capacity until December 31, 2010.
Chief Judge Miller will have an investiture on Tuesday, January 6, 2009 at 1:30 p.m. The ceremony will be held in the House Chambers of the State Capitol. Presiding Judge Andrews of the Court of Appeals will administer the Oath of Chief Judge to Judge Miller.
Judge Miller has been on the Court since July 12, 1999 when she was appointed by then Governor Roy Barnes. She has been elected statewide by the voters of Georgia on two occasions.
Prior to her service on the Court of Appeals of Georgia, Judge Miller was serving as a state court judge in Fulton County. She has also served as an administrative law judge with the State Board of Workers’ Compensation and served as the Director and Judge of the Appellate Division of the State Board of Workers’ Compensation, being the first African American woman, and the youngest person ever to hold that position.
Judge Miller is a native Georgian who was raised in Macon, Georgia. She is the daughter of Patricia Miller and the late Conrad N. Miller. She has one sibling, a brother, Dr. Conrad N. Miller, Jr. of Macon.
Judge Miller received her Juris Doctorate Degree from Mercer University’s Walter F. George School of Law in 1980. She earned a LLM Degree in Litigation from Emory University School of Law in 1988 and a LLM Degree in Judicial Process from University of Virginia School of Law in 2004. Judge Miller is a member of several Bar Associations including the State Bar of Georgia, the Atlanta Bar, the Georgia Association of Women
Lawyers, the Georgia Association of Black Women Attorneys, the Gate City Bar, the Lamar Inn of Court and the Lawyers Club of Atlanta, to name a few.
Judge Miller resides in Cobb County and is a member of Cascade United Methodist Church in Atlanta.
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posted on 10/22/08
Certificate of Good Standing |
| A Certificate of Good Standing from the Court of Appeals of Georgia certifies when an attorney was admitted to practice in the Court of Appeals of Georgia and whether the member is in good standing with the Court. To obtain a Certificate of Good Standing from the Court of Appeals of Georgia, an attorney should send to the Clerk of Court a request which includes his or her full name and State Bar of Georgia member number along with the $5.00 filing fee (in the form of a check or money order). The Clerk’s mailing address is: Clerk, Court of Appeals of Georgia, 47 Trinity Avenue, S. W., Suite 501, Atlanta, Georgia 30334. If the Certificate is to be mailed to someone other than the requester, a pre-addressed envelope to the appropriate person or body should be included with the request. |
posted on 8/24/08
2009 State Holidays |
The following is a list of the state holidays when the Capital and all state agencies will be closed in 2009:
New Year's Day - Thursday, January 1
Robert E. Lee's Birthday - January 19 - will be observed on Friday, November 27
Martin Luther King, Jr.'s Brithday - Monday, January 19
Washington's Birthday - February 15 - will be observed on Thursday, December 24
Confederate Memorial Day - April 26 - will be observed on Monday, April 27
Memorial Day - Monday, May 25
Independence Day - July 4 - Will be observed on Friday, July 3
Labor Day - Monday, September 7
Columbus Day - Monday, October 12
Veterans Day - Wednesday, November 11
Thanksgiving Day - Thursday, November 26
Christmas Day - Friday, December 25 |
posted on 2/19/08
Summary of Changes to Court of Appeals Rules |
The Court of Appeals of Georgia by administrative order of February 8, 2008 has amended its rules for cases docketed in this court on or after February 21, 2008. Copies of the rules will be posted on the Court's web site at www.gaappeals.us by February 21, 2008 and printed paper copies are available at the Clerk's Office, located at: Suite 501, 47 Trinity Avenue, S. W., Atlanta, Georgia. A list of the rules changed and a summary of the changes is set out below:
Summary of Changes to Court of Appeals Rules
Change has been made throughout the text to make it more uniform grammatically.
RULE 1.
(a) Clarifies that stamped signatures and signatures with permission as well as conformed signatures of judges and attorneys are not permitted.
(c) Contains minor changes to accommodate e-filing; removes specification of Courier font; specifies that clerk may reject documents that do not comply with rules prior to filing.
RULE 2.
(a) Inserts the new address for the Clerk’s Office.
(b) Permits submission of a public defender appointment in lieu of a pauper’s affidavit; adds statement about Clerk’s responsibility for cash payments.
RULE 4.
(a) Describes new location of the drop box. Clarifies language related to clocking drop box documents.
(c) Eliminates the certified mail and overnight delivery rules providing that documents are deemed filed either on the postmark date or commercial firm transmittal date shown on the document’s container or envelope or the date of physical delivery to the clerk’s office whichever is earlier.
RULE 5.
Permits submission of a public defender appointment in lieu of a pauper’s affidavit; clarifies that no additional cost is due for a direct appeal filed pursuant to an order granting an application.
RULE 6.
Clarifies counsel must sign the Certificate of Service.
RULE 7.
Increases maximum fine for contempt to $2,500.00.
RULE 9.
(a) Clearly authorizes Clerk, Deputy Clerk and Deputy Administrator to give oath in Clerk’s office; modernizes language.
(c) Clarifies attorney’s motion for courtesy appearance must contain proof of admission and good standing in highest bar of another state, district or territory. Requires the motion to be accompanied by a fee of $30.
RULE 10.
Changes phrase “to opposing counsel, to any judge or the Court” to “to any judge, opposing counsel or any court.”
RULE 13.
Revises paragraph to more closely match language in current docketing notice.
RULE 14.
Changes the title to reflect content of this Rule.
RULE 15.
(a) Removes the last sentence of the paragraph.
(b) Increases frivolous appeal penalty to $2,500.
RULE 16.
Clarifies that a motion for extension of time to file a Notice of Appeal shall be made as a Rule 40 (b) motion.
RULE 17.
States that stamped signatures and signatures with permission as well as conformed signatures of judges on orders shall not be permitted.
RULE 18.
Removes specific mention of Courier font; requires record to have an index and the pages of the record to be numbered at the bottom of the page and consecutively.
RULE 19.
Requires transcript pages to be consecutively numbered.
RULE 21.
Removes “tape” and replaces it with the word “recording” since recordings are now made in different ways; describes types of recordings Court will accept.
RULE 23.
(b) Adds language here from Rule 13 that requires the State as appellee to file a brief.
RULE 24.
(a) Specifies that a supplemental brief is a type of brief accepted if submitted in accordance with Rule 27. Clarifies that counsel must file an original and two copies in the main case and also in any companion case or any cross-claim.
(f) Clarifies that the certificate of service is counted in the page limit for briefs; replaces the word “application” with “motion” to remove any confusion with the application process.
(g) Specifies that counsel should not attach documents to the brief that have not been certified by the trial court clerk as a part of the record.
RULE 25.
(a) Adds the word “trial” before the word “court” and removes the word “below” in order to make language more understandable by lay persons.
(c) Changes title to section (2) to cover all three sub-parts; renumbers subpart (iv) to section (3) since it contains different content then the remainder of (2). (a) Adds the word “trial” before the word “court” and removes the word “below” in order to make language more understandable by lay persons.
(c) Changes title to section (2) to cover all three sub-parts; renumbers subpart (iv) to section (3) since it contains different content then the remainder of (2).
RULE 26.
Clarifies that amicus curiae briefs must conform to Rule 24 in format and length.
RULE 27.
(a) & (b) Clarifies that the first sentence applies to briefs of the parties; changes location of requirement concerning service so that it is clear it applies to all supplemental briefs.
RULE 28.
Rearranges sentences and sections to follow a logical order and adds additional section titles.
(a) (1) Adds a sentence to clarify that there is no oral argument for applications or motions..
(a) (4) Strengthens requirement that request specify benefit of oral argument.
(h) Adds language from Rule 29 (b) about recording oral argument.
RULE 29.
Removes (b) and places it in Rule 28 (g) as this topic fits better under that Rule title.
RULE 30.
(b) Clarifies that stamped as well as conformed signatures are not permitted.
(c) Permits submission of a public defender appointment in lieu of a pauper’s affidavit.
(d) Adds this new section and renumbers remaining sections.
(e) The word “ petition” has been changed to “application” for consistency; a statement has been added that the application will be denied if not accompanied by sufficient materials for the Court to determine the issues; clarifies that responses to applications are limited to the same number of pages as applications.
RULE 31.
Same changes as in Rule 30
(b) Adds a new section (b) and renumbers remaining sections.
(c) The word “ petition” has been changed to “application” for consistency; a statement has been added that the application will be denied if not accompanied by sufficient materials for the Court to determine the issues; clarifies that responses to applications are limited to the same number of pages as applications.
(d) Permits submission of public defender appointment in lieu of pauper’s affidavit.
(e) Clarifies that stamped as well as conformed signatures are not permitted. Adds the words “or judgment” to the end of the phrase “a stamped “filed” copy of the trial court’s order.”
RULE 33.
Clarifies that the Rule is referring to the judgment line of the opinion and that the judgment line will indicate judges who are disqualified, recused, or not participating.
(a) Clarifies that physical precedent may apply only to a specific division of the opinion and requires the opinion to be marked as physical precedent.
RULE 37.
(b) The word “application” has been changed to “motion” to avoid any confusion with the application process.
(h) Adds a new (h) to state that oral argument is not permitted on motions for reconsideration.
RULE 38.
Wording has been clarified using the full phrase“ petition for writ of certiorari.”
RULE 40.
(a) O.C.G.A. §5-6-34 (a) has been added to the list of code citations concerning a notice of appeal and supersedeas.
(b) Numbering of the list of motion contents has been made consistent with the numbering pattern of other Rules.
(b) (3) Clarifies that the copy of the notice of appeal contained in the motion shall be a stamped “filed” copy.
(b) (5) Permits submission of a public defender appointment in lieu of a pauper’s affidavit.
RULE 41.
(b) Adds joint motions to those not permitted; changes wording.
(c) Adds a new (c) to state that counsel should not attach supplemental materials to a motion to supplement record.
RULE 46.
Adds a Rule 46 Reserved for E-filing.
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posted on 9/5/07
Job Postings on Law Crossing |
| Any job postings on Law Crossing found at www.lawcrossing.com, which purport to describe job offerings from the Court of Appeals of Georgia are not authorized by the Court of Appeals of Georgia, nor were they issued by the Court of Appeals of Georgia. All hiring procedures for staff attorneys in the Court of Appeals of Georgia are through the offices of the individual judges. |
posted on 7/12/07
Supplemental Brief |
| In submitting the supplemental brief with a Motion for Permission to File the Supplemental Brief, each document, the Motion and Brief, should have a certificate of service. A document without a certificate of service will be sent back to counsel for compliance with the Rules of the Court. |
posted on 7/6/07
Oral Argument Exhibits |
| The Court asks that counsel who present exhibit boards or use the courtroom document camera during oral argument to please also provide three 8 ½" x 11" paper copies of their exhibit for distribution to the judges on the division hearing oral argument. |
posted on 1/8/07
WI-FI Connectivity |
The Court of Appeals of Georgia now has wireless connectivity in the Reading Room of the Clerk’s Office located at Suite 501, 47 Trinity Avenue, Atlanta. Wi-Fi connectivity is also available in the Lawyer’s Lounge on the Sixth Floor of the Judicial Building for attorneys to use on oral argument days.
For further information contact William L. Martin, III, Clerk and Court Administrator at 404-657-8352.
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posted on 10/17/06
The Court Web Site Docket |
The web docket on the Court's website is now running on real time along with the Court's docket. Therefore, you can see that an opinion has been issued as soon as the Court dockets the opinion. Once an opinion is issued, it is immediately processed and mailed to the parties.
Parties are welcome to come to the clerk's office and obtain a copy of the opinion as soon as it is issued. Copies of opinions will be charged at a minimum $5.00 plus $1.00 per page for copies more than five pages.
If you purchase a copy of the opinion in the clerk's office, the copy mailed to you will not be removed from outgoing mail, so you will receive a copy in the mail.
The clerk's office does not have the time or personnel to extract your opinions from the mail. |
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