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Rules



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 July 24, 2014.


I. GENERAL

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 paid by credit card with any electronic filing and by check or money order if a paper filing is made. Costs shall not be required when, at the time such costs are due, one of the following criteria has been satisfied: (1) the pro se applicant or appellant is incarcerated at the time of filing; (2) the applicant, appellant, or counsel for the applicant or appellant files a sufficient affidavit of indigency; or (3) counsel for the applicant or appellant files a form showing counsel has been appointed to represent the applicant or appellant because of the applicant or appellant's indigency. The Clerk is not responsible for any 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 amended July 24, 2014.

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 and Determination of Filing Date.

Except as otherwise provided in this rule, a document will be deemed filed in the Court of Appeals on the date it was physically received in the office of the Clerk of the Court of Appeals with sufficient costs, if applicable, and stamped filed. The office of the Clerk generally is open 8:30 a.m. to 4:30 p.m.

(a) Drop Box.

When the office of the Clerk is not open, documents may be deposited in the Court of Appeals drop box for filing. Documents placed in the drop box are removed each morning and clocked to the present time and date, but shall be deemed filed on the prior business day. The drop box is located inside the street level entrance to the 47 Trinity Avenue Building, which generally is open between 7:00 a.m. and 5:00 p.m., although the Georgia Building Authority may change the hours during which the building is open without prior notice.

(b) Electronic Filing.

Attorneys admitted to practice in the Court of Appeals of Georgia are permitted to file certain documents electronically with the Court pursuant to Rule 46 and the Court's electronic filing instructions which are available at www.gaappeals.us. The filing date of documents filed electronically is determined in accordance with the electronic filing instructions.

(c) Filing by Mail or Commercial Delivery.

A document transmitted to the office of the Clerk by United States Postal Service priority, express, or first-class mail (including certified or registered mail) or by a commercial carrier for overnight delivery shall be deemed filed on the date shown by the official postmark affixed by the United States Postal Service (not a private or commercial postage meter) or the date shown on the commercial carrier's transmittal form on the envelope or package containing the document, if the envelope or package is properly addressed, postage prepaid, and the postmark or transmittal date is legible. Otherwise, the document will be deemed filed on the date the document was physically received in the office of the Clerk.

(d) Filings by Pro Se Prisoners.

In the absence of an official United States Postal Service postmark showing a date on or before the filing deadline, a document submitted by a prisoner who is not represented by an attorney shall be deemed filed on the date the prisoner delivers the document to prison officials for forwarding to the Clerk of the Court of Appeals. Such delivery shall be shown by the date on the certificate of service or on an affidavit submitted by the prisoner with the document stating the date on which the prisoner gave the document to prison officials with sufficient prepaid postage for first-class mail and the name of the prison official to whom the document was delivered. Such certificate or affidavit will give rise to a presumption that the date of filing reflected in the affidavit is accurate, but the State may rebut the presumption with evidence that the document was given to prison officials after the filing deadline or with insufficient postage. If the institution has a system designed for legal mail, the prisoner must use it to rely upon the provisions of this paragraph.

(e) Motions for Reconsideration.

Any other provision of these rules notwithstanding, a motion for reconsideration shall be deemed filed only on the date on which it is physically received in the office of the Clerk. See Rule 37.

Rule amended April 23, 2012.


Rule 5. Costs.

Costs are $80 in all criminal cases and $300 in all civil cases. Costs shall not be required when, at the time such costs are due, one of the following criteria has been satisfied: (1) the pro se applicant or appellant is incarcerated at the time of filing; (2) the applicant, appellant, or counsel for the applicant or appellant files a sufficient affidavit of indigency; or (3) counsel for the applicant or appellant files a form showing counsel has been appointed to represent the applicant or appellant because of the applicant or appellant's indigency. The Clerk is not responsible for any cash accompanying a filing. Costs shall accrue upon the docketing of an application or direct appeal and shall be paid no later than the filing of the appellant's brief in direct appeals. Appellant and appellant's counsel are liable for costs when the case is docketed. 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. The Clerk shall not receive a brief of the appellant or an application unless: (1) costs have been paid; (2) a sufficient affidavit of indigency has been filed by the applicant, appellant, or counsel for the applicant or appellant; (3) a form showing that counsel for the applicant or appellant was appointed to represent the applicant or appellant on appeal because of the defendant's indigency has been filed; or (4) the pro se applicant or appellant is incarcerated at the time of filing.

For purposes of this rule. appeals from probation revocation and juvenile delinquency cases shall be deemed criminal cases and the costs for the filing an application or a direct appeal in such cases shall be $80.

Rule amended July 24, 2014.


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.