Court of Appeals Summary of Rule Changes

Effective December 4, 2017

XII. DECISIONS AND JUDGMENTS


Rule 33. Judgment Lines.

The judgment line of a decision shall show the vote of each participating judge. If a case is decided by the Court sitting en banc, the judgment line shall also indicate which judges, if any, did not participate.

Rule 33.1. Number of Judges.

A case will be heard and determined by a single division of the Court, except when the case is approved to receive en banc consideration by all nondisqualified judges of the Court. See OCGA § 15-3-1 (c) (2) (authorizing the Court of Appeals to provide by rule for certain cases to be heard and determined by more than a single division).


Rule 33.2. Judgment as Precedent.

(a) (1) If an appeal is decided by a division of this Court, a published opinion in which all three panel judges fully concur is binding precedent. An opinion is physical precedent only (citable as persuasive, but not binding, authority), however, with respect to any portion of the published opinion in which any of the panel judges concur in the judgment only, concur specially without a statement of agreement with all that is said in the majority opinion, or dissent.

(2) If an appeal is decided by this Court sitting en banc, an opinion, or portion of an opinion, in which a majority of participating judges fully concur is binding precedent. An opinion is physical precedent only (citable as persuasive, but not binding, authority), however, with respect to any portion of the published opinion in which concurrences in the judgment only, special concurrences without a statement of agreement with all that is said, or dissent result in a full concurrence by fewer than a majority of the participating judges in that portion of the opinion.

The opinion of a case that is physical precedent shall be marked as such when it is cited.

(b) Unreported Decision.

A decision that is not officially reported is neither physical nor binding precedent but shall be binding in all subsequent proceedings in that case as provided by OCGA § 9-11-60 (h).

(c) Per Curiam Decision.

A Per Curiam decision is neither physical nor binding precedent but shall be binding in all subsequent proceedings in that case as provided by OCGA § 9-11-60 (h).


Rule 33.3. Cases Overruling Precedent.

Prior decisions of the Court may be overruled by a single division of the Court after consultation with the other nondisqualified judges on the Court, provided the decision of the division is unanimous. Otherwise, prior decisions of the Court may be overruled after en banc consideration of all nondisqualified judges of the Court by a majority of the participating judges. See OCGA § 15-3-1 (d) (authorizing the Court of Appeals to provide by rule the manner in which prior decisions of the Court may be overruled).


RULE 37. Motions for Reconsideration.

. . .

(g) Voting On Motions, Effect.

A motion for reconsideration shall be voted on only by the judges who voted on the original decision, except where the Court deems a case appropriate for en banc consideration during the reconsideration period.