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 November 1, 2012.
Rule 40. Supersedeas.
(a) Civil Cases.
The notice of appeal filed as provided in OCGA §§ 5-6-34(a), 5-6-37, and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant. See OCGA § 5-6-46. Upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court may require supersedeas bond to be given with such surety and in such amount as the trial court may require. The filing of an application for discretionary appeal shall act as a supersedeas to the extent that a notice of appeal acts as a supersedeas. See OCGA § 5-6-35 (h).
In the exercise of its inherent power this Court may issue such orders or give such direction to the trial court as may be necessary to preserve jurisdiction of an appeal or to prevent the contested issue from becoming moot. This power shall be exercised sparingly. Generally, no order shall be made or direction given in an appeal until it has been docketed in this Court.
A Rule 40 (b) motion must:
- Contain an explanation why an order of this Court is necessary and why the action requested is time sensitive;
- Contain a stamped "filed" copy of the order being appealed;
- Contain a stamped “filed” copy of the notice of appeal, if such has been filed in the trial court;
- Show that service has been perfected upon the opposing party before filing the motion with the Court; and
- Be accompanied by a filing fee, a sufficient pauper's affidavit, or a form showing a public defender has been appointed to represent the party, unless the motion is filed in a pending case already docketed with the Court. The filing fee shall be in the amount set out in Rule 5.