These rules are not intended to reiterate all applicable laws. Where the word "counsel" has been utilized, this will include pro se parties.
This publication contains the rules and all amendments thereto made through January 21, 2015.
X. APPLICATION FOR DISCRETIONARY APPEAL
Rule 31. Discretionary Applications.
(a) An application for leave to appeal a final judgment in cases subject to appeal under O.C.G.A. § 5-6-35 will be granted only when:
- Reversible error appears to exist; or
- The establishment of a precedent is desirable.
(b) The applicant shall include a copy of any petition or motion which led directly to the order or judgment being appealed and a copy of any responses to the petition or motion with the application.
(c) Applications for discretionary appeal pursuant to OCGA § 5-6-35 shall have copies of all submitted material from the record tabbed and indexed and shall be securely bound at the top with staples or fasteners (round head or ACCO). If not tabbed, indexed and securely bound at the top, the application is subject to dismissal or return for preparation according to the Court's rules. The material must be sufficient to apprise the Court of the appellate issues, in context, and support the arguments advanced. Failure to submit sufficient material to apprise the Court of the issues and support the argument shall result in denial of the application. Applications and responses to applications are limited to 30 pages in civil cases and 50 pages in criminal cases, exclusive of attached exhibits and parts of the record, and shall follow the general format of briefs as to margins. Tables of content, tables of citations, cover sheets and certificates of service shall not be counted toward the applicable page limit for discretionary appeal applications and responses.
(d)The Clerk is prohibited from receiving the application without the filing fee or evidence that one or more of the fee waiver provisions of Rule 5 apply. See OCGA § 5-6-4. The filing fee shall be in the amount set out in Rule 5.
(e) Discretionary applications must contain a stamped "filed" copy of the trial court's order or judgment from which the appeal is sought. The stamped "filed" copy of the trial court's order or judgment must contain the signature of the trial court judge. Neither conformed signatures nor stamped signatures are permitted except for those courts where the official practice is for the judge to electronically sign and/or stamp his/her signature. The Court shall return any application not containing a stamped "filed" copy of the trial court order or judgment from which the appeal is based.
(f) No application for discretionary appeal shall be filed under seal unless counsel has moved the Court for permission to file under seal and the Court has granted such motion.
(g) No extensions of time shall be granted in filing a discretionary application unless the motion for extension is filed on or before the due date of the discretionary application. No extension of time shall be granted to file a response to a discretionary application.
(h) Responses are due within 10 days of docketing. No response is required, unless ordered by the Court.
(i) If the discretionary application is granted, appellant must file a notice of appeal in the trial court within 10 days of the date of the order granting the application.
(j) No pleadings will be accepted on an application for discretionary appeal which are filed more than 30 days after the date of the order granting, denying or dismissing the application or the order granting, denying or dismissing the motion for reconsideration filed on the application.
Rule amended October 21, 2014.