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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 September 4, 2014.


XII. OPINIONS AND JUDGMENTS

Rule 33. Showing of Concurrence or Dissent.

The judgment line on an opinion shall show on its face, the vote or non-participation of each judge.

(a) Judgment as Precedent.

If an appeal is decided by a Division, a judgment in which all three judges fully concur is a binding precedent; provided, however, an opinion is physical precedent only with respect to any Division of the opinion for which there is a concurrence in the judgment only or a special concurrence without a statement of agreement with all that is said. If the appeal is decided by a seven or twelve-judge Court, a full concurrence by a majority of judges is a binding precedent; provided, however, an opinion is physical precedent only with respect to any Division of the opinion for which there are concurrences in the judgment only or special concurrences without a statement of agreement with all that is said in the Division, resulting in a general concurrence by less than a majority of the judges with respect to the Division. The opinion of a case which is physical precedent shall be marked as such.

(b) Unreported Opinion.

An unreported opinion is neither a physical nor binding precedent but establishes the law of the case as provided by O.C.G.A. § 9-11-60 (h).

Rule 34. Reporting of Opinions.

Opinions are reported except as otherwise designated by the Court. The official reports shall list the cases in which opinions were written but not officially reported and shall indicate the authors and participants in the opinions.

Rule 35. Copies of Opinions.

As soon as practicable after judgment, the Clerk shall furnish, without charge, a copy of the opinion to counsel for each party and to the trial judge. Additional copies cost $1.50 per page.

Rule amended January 1st, 2010.

Rule 36. Affirmance Without Opinion, When Rendered.

Cases in which:

  1. The evidence supports the judgment;

  2. No reversible error of law appears and an opinion would have no precedential value;

  3. The judgment of the court below adequately explains the decision; and/or

  4. The issues are controlled adversely to the appellant for the reasons and authority given in the appellee's brief

may be affirmed without opinion. Rule 36 cases have no precedential value.