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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.


XXI. EXPEDITED APPEALS UNDER THE PARENTAL NOTIFICATION ACT

Rule 45. Parental Notification Act.

(a) Authority.

This rule is adopted under the authority of the Georgia Constitution, Article VI, § I, Para. IV (1983) and O.C.G.A. §§ 15-1-5 and 15-11-684 (e) to provide for the expedited consideration of appeals under the “Parental Notification Act.” (O.C.G.A. § 15-11-680 et seq.)

(b) Eligibility to File and Computing Time.

Any minor to whom a juvenile court has denied a waiver of notice under O.C.G.A. § 15-11-684 (c) may obtain an expedited appeal to this Court. For the purpose of this rule, in computing time, Saturdays, Sundays and holidays shall be included. Rule 3, Due Date, shall govern in the event a final due date falls on one of those days.

(c) Process.

A minor seeking an expedited appeal shall file a notice of appeal and a certified copy of the order denying waiver of notice with the Clerk of this Court. A copy of the notice of appeal shall also be filed with the juvenile court. The name, address and telephone number of the Guardian Ad Litem and any counsel of record shall be included with the notice of appeal. Upon receipt of the notice of appeal, this Court shall issue an order to the juvenile court directing that the record and transcript of the hearing be transmitted to and received by this Court within 5 days from the date of filing the notice of appeal with this Court. An enumeration of errors shall be filed within the time period for the filing of the record. If a brief is desired, it shall also be filed within the time period for the filing of the record. No filing fee is required.

(d) Trial Court Record.

The record of the juvenile court shall be certified by the clerk of the juvenile court and transmitted to this Court under seal.

(e) Case Assignment.

The Clerk shall assign the appeal to a Division of this Court, which shall take the matter under consideration and shall issue its decision within 5 days of receipt of the record.

(f) Motion for Reconsideration.

In order to expedite further appellate review, a motion for reconsideration shall not be required. However, if the decision of this Court affirms the judgment of the juvenile court, the minor may file a motion for reconsideration and the same shall be governed by Rule 37, except that such a motion shall be filed within 5 days from the date of the decision of this Court and may be filed out of term. Any motion for reconsideration shall be decided by the Court within 5 days of filing thereof.

(g) Remittitur.

If the decision of this Court reverses the judgment of the juvenile court, the remittitur shall be forwarded to the clerk of the juvenile court immediately after the rendition of the decision. If the decision of this Court affirms the judgment of the juvenile court, the remittitur shall be transmitted to the clerk of the juvenile court as soon as practicable after the expiration of 5 days from the date of the judgment unless otherwise ordered or unless a motion for reconsideration or notice of intention to apply to the Supreme Court of Georgia for writ of certiorari has been filed.

(h) Expediting Case.

Upon good cause shown, the Court shall enter such orders as shall further expedite the processing of these cases.

(i) Filing Notice of Appeal.

In order to invoke the foregoing special procedures, the notice of appeal must be filed within 5 days of receipt by the minor of the juvenile court’s order.

(j) Sealing Record.

All pleadings, briefs, orders, transcripts, exhibits and any other written or recorded material that are part of the record shall be considered and treated by the Court as confidential. Upon conclusion of the appellate proceedings, the record shall be sealed, and the contents of the record shall not be disclosed, except upon order of this Court or the Supreme Court of Georgia.