These rules are not intended to reiterate all applicable laws. Where the word "counsel" has been utilized, this will include pro se parties.
The effective date of these rules shall be February 21, 2008. The version below includes amendments through June 9, 2010.
Rule 1. Documents; Communications; General.
(a) Requirement for Written and Signed Documents.
All filings, documents, motions, briefs, requests, and communications relating to appeals shall be in writing, shall be filed with the Clerk's office, shall be signed by an attorney of record, an attorney granted courtesy appearance or pro se party, and shall include the mailing address and telephone number of the attorney or the pro se party signing the document, and shall show that copies have been furnished to opposing counsel. Documents with conformed or stamped signatures by judges, attorneys, law firm staff, or an attorney's employee shall not be permitted. No signatures by express permission are permitted. All pleadings, including, but not limited to briefs, motions, requests, applications, and notices shall be signed by counsel filing the document. All signed documents shall include the State Bar of Georgia membership number of all submitting attorneys.
(b) Communications with the Court.
There shall be no communications relating to pending cases to any judge or member of the
judge's staff.
(c) Documents.
All documents filed with the Court shall be typed or printed on non-transparent, letter size (8 ½" x 11") white paper and bound at the top with staples or fasteners (round head or ACCO) except as provided in Rule 46. All documents filed with the Court shall have no less than double spacing between the lines including quotations and footnotes. Letter spacing and type or font size shall be no smaller than 10 characters per inch. Notwithstanding the 10 characters per inch requirement, the Court shall accept in lieu thereof Times New Roman Regular 14pt. Any documents that do not comply with the Court rules may be returned to counsel with notice of the defect of the pleading, and/or counsel may be ordered to redact and recast such documents. All paper documents filed with this Court shall have a non-glossy, white back of recyclable paper, heavier than regular stationery-type paper.
(d) Counsel.
All reference to counsel in these rules shall include pro se parties.
(e) Facsimile Filing.
The Court does not accept facsimile filings.
Rule 2. Hours; Filing Fees; Stamped Copies
(a) Clerk's Office Hours of Operation and Location.
The Clerk's office shall be open Monday through Friday from 8:30 a.m. to 4:30 p.m. E.S.T./E.D.T. The address is: Clerk, Court of Appeals of Georgia, Suite 501, 47 Trinity Avenue, S.W., Atlanta, Georgia 30334. The telephone number is (404) 656-3450.
(b) Filing Fees.
All filings requiring fees must be accompanied by a check or money order, a sufficient pauper’s affidavit, or a form showing a public defender has been appointed to represent the party. The Clerk is not responsible for cash accompanying a filing.
(c) Stamped "Filed" Copy.
If a return stamped "filed" copy of a filed document is needed, parties filing
such documents must include an extra copy and a pre-addressed stamped envelope with
sufficient postage to have the document returned.
Rule 3. Expiration Date.
When an expiration date falls on Saturday, Sunday, or an official state or national
holiday, the time is extended to the next business day.
Rule 4. Filing.
(a) Drop Box.
The Clerk’s office has provided a drop box at the street level entrance to the 47 Trinity Avenue Building for filing documents after business hours. Although the Clerk’s office hours are 8:30 a.m. to 4:30 p.m., the 47 Trinity Avenue Building is generally open from 7:00 a.m. to 5:00 p.m. Since the building hours of operation are controlled by the Georgia Building Authority, please refer to the Court website at www.gaappeals.us for current hours. Court personnel will remove the documents from the drop box each morning and clock documents to the present time and date and file the documents to the prior business day.
(b) Motions for Reconsideration.
Motions for reconsideration are deemed filed only on the date they are physically
received in the Clerk's office. See Rule 37.
(c) Other Documents.
Any other document shall be deemed filed, except as provided under Rule 46, on the earlier of
- The date it is physically delivered to the Clerk's office, with sufficient costs, if applicable, and clocked in by the Clerk's office staff; or
- The United States Postal Service postmark date or commercial delivery service transmittal date that appears on the envelope or container in which the document was received, if the document is accompanied with sufficient costs, if applicable.
Rule 5. Costs.
Costs in all criminal cases are $80.00 and $300 in all civil cases. Costs shall not be required where there is either a sufficient pauper’s affidavit or a form showing a public defender has been appointed to represent the party has been filed with the Court or contained in the record. Costs shall be paid upon filing of applications or, in direct appeals, upon filing of Appellant’s Brief. Costs are not required to file an Appellant’s Brief in a direct appeal which is filed pursuant to an order of this Court granting an Interlocutory or Discretionary Application. Costs are incurred and appellant’s counsel are liable for costs when the case is docketed. The clerk shall not receive a Brief of the Appellant or an application unless the costs have been paid, a sufficient pauper’s affidavit has been filed, or a form showing appointment of a public defender to represent the appellant on appeal has been filed or evidence of indigency is contained in the record.
For purposes of this rule, appeals from probation revocation and juvenile delinquency cases shall be deemed criminal cases and the costs for filing an application or a direct appeal in such cases shall be $80.00.
Rule amended July 1st, 2009.
Rule 6. Copies and Certificate of Service.
All documents filed with the Clerk shall include an original and two copies. All documents shall show copies have been furnished to opposing counsel. Service shall be shown by written acknowledgment, certificate of counsel or affidavit of server, to include the name and complete mailing address of all opposing counsel. Service shall be made before filing. Any document without a certificate of service shall not be accepted for filing. The certificate of service shall be signed by counsel and attached to the document filed.
Rule 7. Contempt.
Breach of any rule of the Court of Appeals or failure to comply with an order of this Court subjects the offending party and/or attorney to contempt and may subject the appeal to dismissal or cause appellee's brief to be stricken. The Court may, upon a finding of conduct constituting contempt, impose a fine not to exceed $2,500.00 against each contemner or revoke the license to practice in this Court, or both.
Rule 8. Notice of Cause for Disqualification or Recusal.
Cause for disqualification or recusal of a judge of this Court shall be brought to the
attention of the Clerk as soon as practicable. See Rule 44.
