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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.

These rules are effective on January 1, 2017.


XII. OPINIONS AND JUDGMENTS

Rule 33. Judgment Lines.

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 of this Court, a judgment in which all three panel judges fully concur is a binding precedent; provided, however, an opinion is physical precedent only with respect to any portion of the opinion in which one or two of the panel judges concur in the judgment only, issue a special concurrence without a statement of agreement with all that is said, or the opinion is issued per curiam.

If the appeal is decided by 9 or 15 judges, a judgment in which a majority of judges fully concur is a binding precedent; provided, however, the opinion is physical precedent only if concurrences in the judgment only or special concurrences without a statement of agreement with all that is said in any portion of the opinion result in a full concurrence by fewer than a majority of the judges. The opinion of a case that 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).

(c) Per Curiam.

A Per Curiam 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 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.