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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 May 16, 2018.


XII. OPINIONS AND JUDGMENTS

Rule 33. Judgment Lines.

The judgment line of a decision shall show the vote of each participating judge. If a case is decided by the Court sitting en banc, the judgment line shall also indicate which judges, if any, did not participate.

Rule 33.1. Number of Judges.

A case will be heard and determined by a single division of the Court, except when the case is approved to receive en banc consideration by all nondisqualified judges of the Court. See OCGA § 15-3-1 (c) (2) (authorizing the Court of Appeals to provide by rule for certain cases to be heard and determined by more than a single division).

Rule 33.2. Judgment as Precedent.

(a) (1) If an appeal is decided by a division of this Court, a published opinion in which all three panel judges fully concur is binding precedent. An opinion is physical precedent only (citable as persuasive, but not binding, authority), however, with respect to any portion of the published opinion in which any of the panel judges concur in the judgment only, concur specially without a statement of agreement with all that is said in the majority opinion, or dissent.
(2) If an appeal is decided by this Court sitting en banc, an opinion, or portion of an opinion, in which a majority of participating judges fully concur is binding precedent. An opinion is physical precedent only (citable as persuasive, but not binding, authority), however, with respect to any portion of the published opinion in which concurrences in the judgment only, special concurrences without a statement of agreement with all that is said, or dissent result in a full concurrence by fewer than a majority of the participating judges in that portion of the opinion.
The opinion of a case that is physical precedent shall be marked as such when it is cited.

(b) Unreported Decision.
A decision that is not officially reported is neither physical nor binding precedent but shall be binding in all subsequent proceedings in that case as provided by OCGA § 9-11-60 (h).

(c) Per Curiam Decision.
Deleted May 16, 2018.

Rule 33.3. Cases Overruling Precedent.

Prior decisions of the Court may be overruled by a single division of the Court after consultation with the other nondisqualified judges on the Court, provided the decision of the division is unanimous. Otherwise, prior decisions of the Court may be overruled after en banc consideration of all nondisqualified judges of the Court by a majority of the participating judges. See OCGA § 15-3-1 (d) (authorizing the Court of Appeals to provide by rule the manner in which prior decisions of the Court may be overruled).

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 of 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 36. Affirmance without Opinion, When Rendered.

Cases may be affirmed without opinion if:

(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; or

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

Rule 36 cases have no precedential value.