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Rule 4 was amended on April 23, 2012.

Please see the amended Rule below.


Rule 4. Filing and Determination of Filing Date.

Except as otherwise provided in this rule, a document will be deemed filed in the Court of Appeals on the date it was physically received in the office of the Clerk of the Court of Appeals with sufficient costs, if applicable, and stamped filed. The office of the Clerk generally is open 8:30 a.m. to 4:30 p.m.

(a) Drop Box.

When the office of the Clerk is not open, documents may be deposited in the Court of Appeals drop box for filing. Documents placed in the drop box are removed each morning and clocked to the present time and date, but shall be deemed filed on the prior business day. The drop box is located inside the street level entrance to the 47 Trinity Avenue Building, which generally is open between 7:00 a.m. and 5:00 p.m., although the Georgia Building Authority may change the hours during which the building is open without prior notice.

(b) Electronic Filing.

Attorneys admitted to practice in the Court of Appeals of Georgia are permitted to file certain documents electronically with the Court pursuant to Rule 46 and the Court's electronic filing instructions which are available at www.gaappeals.us. The filing date of documents filed electronically is determined in accordance with the electronic filing instructions.

(c) Filing by Mail or Commercial Delivery.

A document transmitted to the office of the Clerk by United States Postal Service priority, express, or first-class mail (including certified or registered mail) or by a commercial carrier for overnight delivery shall be deemed filed on the date shown by the official postmark affixed by the United States Postal Service (not a private or commercial postage meter) or the date shown on the commercial carrier's transmittal form on the envelope or package containing the document, if the envelope or package is properly addressed, postage prepaid, and the postmark or transmittal date is legible. Otherwise, the document will be deemed filed on the date the document was physically received in the office of the Clerk.

(d) Filings by Pro Se Prisoners.

In the absence of an official United States Postal Service postmark showing a date on or before the filing deadline, a document submitted by a prisoner who is not represented by an attorney shall be deemed filed on the date the prisoner delivers the document to prison officials for forwarding to the Clerk of the Court of Appeals. Such delivery shall be shown by the date on the certificate of service or on an affidavit submitted by the prisoner with the document stating the date on which the prisoner gave the document to prison officials with sufficient prepaid postage for first-class mail and the name of the prison official to whom the document was delivered. Such certificate or affidavit will give rise to a presumption that the date of filing reflected in the affidavit is accurate, but the State may rebut the presumption with evidence that the document was given to prison officials after the filing deadline or with insufficient postage. If the institution has a system designed for legal mail, the prisoner must use it to rely upon the provisions of this paragraph.

(e) Motions for Reconsideration.

Any other provision of these rules notwithstanding, a motion for reconsideration shall be deemed filed only on the date on which it is physically received in the office of the Clerk. See Rule 37.