Interlocutory applications are appeals from orders in the trial court that do not end or dispose of the case. This means that, while a specific issue that the trial court ruled on is being appealed, the case remains pending in the trial court. Interlocutory applications are rarely used by self-represented parties. They are most often used by attorneys in more complex cases.
Except in very rare circumstances, an interlocutory application may only be filed if the trial court grants a certificate of immediate review within 10 days of the order the applicant wants to appeal. See OCGA § 5-6-34 (b). The decision of whether to grant the certificate is left solely to the trial court. This decision is not appealable. If the trial court grants a certificate, the interlocutory application must then be filed with the Court of Appeals within 10 days of the date the trial court’s certificate was stamped “filed” with the clerk of the trial court. Failure to meet either deadline will most likely result in the application’s dismissal.
An interlocutory application must contain both a signed copy of the order or judgment being appealed that is stamped “filed” in the trial court and a stamped “filed” copy of the certificate of immediate review. Application briefs are limited to 30 pages in civil cases and 50 pages in criminal cases if paper-filed, and 8,400 words in civil cases and 14,000 words in criminal cases if e-filed. Exhibits, which include parts of the trial court record, do not count toward these limits. If paper filing, the party must file one original with the Clerk’s Office via U.S. mail or hand delivery. See Rule 30.
The respondent has 10 days from the date of the filing of the interlocutory application to file a response, but one is not required.
The Court of Appeals will grant, deny, transfer, or dismiss the interlocutory application within 45 days of the filing date of the application. The Court will only grant an interlocutory application when (see Rule 30 (b)):
- The issue to be decided appears to be dispositive of (will determine the result of) the case;
- The order appears erroneous (wrong) and will probably cause a substantial error at trial or will adversely affect the rights of the appealing party until entry of final judgment; or
- The establishment of precedent (a rule to be used in future cases) is desirable.
In addition to a statement of facts and proceedings and an argument about why the trial court made a mistake and why this Court should grant the application, the applicant must include the following items – which must be indexed and, if paper-filed, tabbed – when submitting an application for interlocutory appeal (see Rule 30; Form 2):
- An explanation of why the Court of Appeals of Georgia rather than the Supreme Court
of Georgia has jurisdiction; - A stamped “filed” copy of the trial court’s order to be appealed that includes the trial
court judge’s signature; - A stamped “filed” copy of the certificate of immediate review that includes the trial
court judge’s signature; - A copy of any petition or motion and responses to it that led directly to the judgment or
order being appealed; - Relevant portions of the record needed to show why the Court should grant the
application; and - A signed certificate of service stating that a copy of the application and exhibits was
sent to the opposing party or attorney by U.S. mail, in person, or electronically with the
other side’s permission, and including the complete name and postal address of that
party or attorney. See Rule 6.