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Rules



These rules are not intended to reiterate all applicable laws. The word "counsel" throughout these rules also applies to pro se parties.

These rules are effective on January 1, 2017.


IX. APPLICATIONS FOR INTERLOCUTORY APPEAL

Rule 30. Interlocutory Applications.

(a) Filing Deadline.

An application for interlocutory appeal shall be filed in this Court within 10 days of the entry of the trial court’s order granting the certificate for immediate review. The trial court’s order is entered on the date it is filed with the trial court clerk.

(b) Burden of Proof.

The applicant bears the burden of persuading the Court that the application should be granted. An application for leave to appeal an interlocutory order will be granted only when it appears from the documents submitted that:

(1) The issue to be decided appears to be dispositive of the case; or

(2) The order appears erroneous and will probably cause a substantial error at trial or will adversely affect the rights of the appealing party until entry of final judgment, in which case the appeal will be expedited; or

(3) The establishment of precedent is desirable.

(c) Jurisdictional Statement, Certificate of Immediate Review and Signatures.

Applications for interlocutory appeal shall contain a jurisdictional statement and have
attached a stamped “filed” copy of the trial court’s order to be appealed and a stamped “filed” copy of the certificate of immediate review. The trial court’s order and certificate of immediate review must contain the signature of the trial court judge. Neither conformed signatures nor stamped signatures shall be accepted except for those courts in which the official practice is for the judge to electronically sign or stamp his or 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 or any application not containing a stamped “filed” copy of the certificate of immediate review.

(d) Filing Fee.

The Clerk shall not receive an application unless filing fees have been paid or one or more of the exceptions set out in Rule 5 have been met. See O.C.G.A. § 5-6-4. The filing fee shall be in the amount set out in Rule 5. The filing date is the date the application is received in conformity with all court rules and all applicable fees are paid.

(e) Required Attachments.

The applicant shall include with the application a copy of any petition or motion that led directly to the order or judgment being appealed and a copy of any responses to the petition or motion.

(f) Sufficient Materials.

Applications for interlocutory appeal pursuant to O.C.G.A. § 5-6-34 (b) must include sufficient material 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.

(g) Format.

(1) Efiled Applications.

Applicants who are represented by counsel must efile applications pursuant to Rule 46, Electronic Filing of Documents, and in compliance with this Court’s efiling instructions.

(i) Application briefs shall follow the requirements of Rule 24, Preparation of Briefs, including the length limitations for computer-generated documents in Rule 24 (f), and shall also follow the general format of Rule 2 (c), Documents.

(ii) Only documents that are directly relevant to the arguments raised should be uploaded as application exhibits.

(iii) Documents and attachments or exhibits to documents filed below shall be uploaded as separate, independent exhibits.

(iv) Each uploaded exhibit shall be titled to inform the Court of the nature of the exhibit and shall correspond with the application index and citations in the application brief.

(v) The application index, which shall be uploaded immediately following – and separately from – the application brief, shall identify the exhibits in the order they are uploaded.

(vi) Efiled exhibits shall not exceed a total of 100 pages collectively, exclusive of the application brief, application index, trial court order, certificate of immediate review, and motion with supporting documents leading to the trial court order, any responses and supporting documents, and any transcripts. If the page limit is exceeded, the attorney submitting the application shall include, as a separate document, a signed certificate of good faith stating:

“I, the undersigned attorney of record in the above-styled case, certify that all of the documents that have been uploaded as exhibits are directly relevant to the arguments raised in the application, are necessary to apprise the Court of the appellate issues, and support the arguments advanced in the application.”

If the application materials are nevertheless found to include unnecessary or duplicative exhibits, a sanction of up to $2,500 may be imposed upon the attorney filing the application. See Rule 7 (e) (2), Contempt Penalty.

(vii) Failure to comply with this rule and with the Court’s efiling instructions may subject the application to dismissal or return for preparation according to the Court’s rules.

(2) Paper-filed applications.

(i) 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 Rule 2 (c), Documents, and Rule 24, Preparation of Briefs.

(ii) Paper-filed applications shall include copies of all supporting materials from the record, indexed and tabbed with a blank sheet between each indexed item.

(iii) Paper-filed applications shall be securely bound at the top with staples or fasteners (round head or ACCO). If not prepared properly, the application is subject to dismissal or return for preparation according to the Court’s rules. Tables of content, tables of citations, cover sheets, and certificates of service are not counted toward the page limit.

(h) Filing Under Seal.

No application for interlocutory appeal shall be filed under seal unless counsel has moved the Court for permission to do so and the Court has granted the motion.

(i) No Extension of Time.

No extension of time shall be granted to file interlocutory applications or responses to interlocutory applications.

(j) Response Time.

Responses are due within 10 days of docketing. No response is required, unless ordered by the Court.

(k) Deadline to File Notice of Appeal.

If the interlocutory application is granted, the appellant must file a notice of appeal in the trial court within 10 days of the date of the order granting the application.

(l) Late Filings.

No pleadings will be accepted on an application for interlocutory appeal which are filed more than 30 days after the date of the order granting, denying, or dismissing the application or the motion for reconsideration.