The following are definitions of common terms used during the appellate process. They are useful to understand the appellate process and how to prepare an appeal.
APPEAL – A review by an appellate court (such as the Court of Appeals of Georgia or the Georgia Supreme Court) of what happened in the trial court to determine whether any mistakes of law occurred, and, if so, whether the appealing party is entitled to have the judgment of the trial court reversed, vacated, remanded (sent back to the trial court for further proceedings), or otherwise changed.
APPELLANT – The party who appeals from the trial court’s decision, usually, the “losing” party in the trial court.
APPELLEE – The party against whom an appeal is filed, who responds to the appeal and is usually the “winning” party in the trial court.
APPELLANT’S BRIEF – The document that the appellant files in this Court to explain why the lower court made the wrong decision. This is the first brief sent to the Court following the docketing notice.
APPELLEE’S BRIEF – The document that the appellee files in this Court responding to the appellant’s brief, generally explaining why the lower court’s decision was right and arguing that this Court should uphold that decision.
BRIEF – A written statement that explains the arguments of a party to an appeal.
CERTIFICATE OF IMMEDIATE RE- VIEW – A document signed by the trial judge stating that the order, decision, or judgment someone wants to appeal is so important that the appellate court should review it immediately, before the case ends. A certificate of immediate review is required to file an interlocutory application.
CERTIFICATE OF SERVICE – A written statement by a party that he or she has served the opposing party or attorney by U.S. mail, in person, or electronically with a copy of a document before filing it with the Court, in accordance with Rule 6. It must be dated and signed by the party filing it, and it must contain the name and complete mailing address of the opposing party or attorney. The Court will return any document submitted for filing if it does not include a proper certificate of service.
CITATION – A reference to legal authority, which includes cases that have already been decided by a court (“case law”), statutes, and parts of the state and federal constitutions. These references should be used to support arguments explaining a party’s position. A citation can also be to documents or transcripts in the record.
CIVIL CASE – A case involving a dispute between two or more parties in which a plaintiff is asking the Court to grant some form of relief due to an injury or harm suffered because of the actions of the defendant, as opposed to a criminal case between the State and a defendant.
COURT OF APPEALS – The intermediate appeals court in Georgia. This Court hears most appeals of cases that have been decided in the lower trial courts, and its decisions may be reviewed by the Georgia Supreme Court.
DECISION – The written ruling of the Court in an appeal. Some cases are decided by an opinion and some are decided by an order.
DEFENDANT – The party being sued or charged with a crime.
DISCRETIONARY APPLICATION – In cases where a party does not have the right to a direct (or automatic) appeal, a party must first obtain the appellate court’s permission to file an appeal by filing an application. The Court either grants the application and the party files a notice of appeal in the trial court, or the appellate court denies or dismisses it, and the case cannot be appealed.
DOCKET – An organized, written list of proceedings in a case, which includes the titles of all the documents filed with the clerk of court and the dates they were filed.
DOCKETING NOTICE – A document sent by the Court of Appeals to the parties when the Court dockets, or files, an appeal from a lower court after it receives a copy of the record. The notice includes the due dates of the parties’ briefs and oral argument requests.
ENUMERATION OF ERRORS – The portion of the appellant’s brief that specifically states exactly what the trial court did wrong and states where in the record or transcript each error occurred. The enumerations should be in Part Two of the appellant’s brief and are usually one sentence long each. They do not include the argument about the error, which is contained in Part Three of the brief.
FILE STAMP – The official stamp of a clerk’s office that shows the date when the document was recorded as filed with the clerk. This date may be different from the date the document was signed, and is the date that controls any due date that follows it.
INDIGENT – Someone who is unable to pay the costs and fees related to a case due to financial hardship.
INTERLOCUTORY APPLICATION – Generally, a case must have been completely finished in the lower court before a party may file an appeal. An interlocutory application is a request by a party to appeal an order before the end of a case. Generally, the trial court must grant the party a certificate of immediate review before the application is filed. See Rule 30.
JUDGMENT OR ORDER – A ruling made by the trial court judge, usually at the end of a case. It must be in writing and must be “entered” or filed with the trial court clerk before the Court of Appeals has jurisdiction to consider an appeal from it. Sometimes an order issued before the case is over can be appealed if the Court grants an interlocutory application.
JURISDICTION – The power or authority given by the Georgia Constitution and laws to hear and resolve particular types of cases or appeals. For the jurisdiction of the Supreme Court of Georgia and the Court of Appeals of Georgia, see Art. VI, Sec. V, Para. III and Art. VI, Sec. VI, Para. II through V of the 1983 State Constitution, and OCGA § 15- 3-3.1.
LITIGANTS – The parties who are involved in a lawsuit.
MOTION – A written request asking the Court to take some action or issue a specific ruling or order.
MOTION FOR RECONSIDERATION – A motion asking the Court to change its mind in one of its orders or opinions. Motions for reconsideration must be physically received by the Court by 4:30 p.m. by the tenth day after the order or opinion was issued. The Court may shorten this time period. See Rule 37.
MOVANT – The party who asks the Court to do something by filing a motion.
NON-MONETARY – Compensation given in a transaction which does not involve case. A non-monetary reward can consist of almost any material object such as jewelry, precious metals or an automobile, for example.
NOTARIZED – An act where an individual swears he/she saw the contract or agreement get signed.
NOTICE OF APPEAL – The document that must be filed in the trial court to start a direct appeal. In most cases, it must be filed within 30 days of the entry of the order or judgment being appealed. In dispossessory cases, the notice of appeal must be filed within 7 days.
NOTICE OF INTENTION TO PETITION FOR A WRIT OF CERTIORARI – A document filed with the Court of Appeals to alert it that a party intends to apply for a writ of certiorari with the Supreme Court of Georgia, meaning the party intends to ask the Supreme Court to review the decision of the Court of Appeals. See Form 10.
OCGA – the Official Code of Georgia Annotated or OCGA is the collection of all laws in the state of Georgia. Like other U.S. state codes, its legal interpretation is subject to the United States Constitution, Regulations, and the state’s constitution.
OPINION – The written ruling of the Court in an appeal, also called the decision.
ORAL ARGUMENT – The in-person presentation of a party’s position on appeal to a panel of judges. A party must ask for oral argument, and few requests are granted.
PAUPER’S AFFIDAVIT (Affidavit of Indigence) – A notarized, signed document stating that the person signing it is financially unable to pay the filing fee or other costs of bringing an appeal. Usually, the Court will not make a party pay the filing fee if he or she files a pauper’s affidavit. If the record on appeal already contains evidence of indigence, it is not necessary to file a pauper’s affidavit. See Form 1 and Rule 5.
PLAINTIFF – A party who starts a lawsuit by filing a complaint.
PRECEDENT – A previously decided case that is binding on future cases that have similar facts and legal issues. Generally, the Court of Appeals is only bound by published cases from its own court, the Georgia Supreme Court, and the U.S. Supreme Court.
PROSE–Apartyinacasewhoisnot represented by an attorney but is acting on his or her own behalf; also self-represented.
RECORD – A collection of documents filed in the trial court, including transcripts of depositions, hearings, and trial. In a notice of appeal, a party must state which documents should be omitted (left out) of the record to be prepared for review by the Court of Appeals.
REMITTITUR – A document issued by the Court of Appeals to the trial court that returns jurisdiction to that court and shows the final judgment of the Court of Appeals, either reversing, affirming, or vacating the trial court’s decision, and possibly remanding the case for further proceedings.
REPLY BRIEF – A document that the appellant may file in response to the appellee’s brief. A reply brief explains why the arguments made in the appellee’s brief are wrong, but cannot include new arguments or errors. Filing a reply brief is not required, but is optional.
RESPONDENT – The party opposing an application or motion.
STANDARD OF REVIEW – The court’s view on its authority to review and change a lower court’s decision.
STATE ATTORNEY – A lawyer who represents the interests of the state in a legal proceeding, typically as a prosecutor in a criminal case.
SUPERSEDEAS – A writ (order) that suspends the authority of a trial court to issue an execution on a judgment that has been appealed.
SUPREME COURT OF GEORGIA – The highest court in the State of Georgia. If a party is unhappy with a decision of the Court of Appeals, the party may submit a “petition for certiorari” asking the Supreme Court to review the Court of Appeals’ decision.
TABLE OF AUTHORITIES – A listing of all the cases, statutes, and other legal references included in a brief to support a party’s arguments.
TRANSCRIPT – A written document that includes everything that was said during a hearing, trial, or deposition. A transcript may also contain any exhibits admitted at the hearing or trial. A transcript must be certified by the court reporter and the clerk of the trial court, who sends a copy of it to the appellate court as part of the record of a case. A transcript must be certified and sent by the trial court clerk, not by a party, attorney, or court reporter.
TRIAL COURT – Also called the lower court, where some civil and criminal cases start. Trial courts may also hear appeals or transfers from magistrate court, probate court, or administrative courts. Decisions made by trial courts may be appealed by granted application or directly to the Court of Appeals or Supreme Court of Georgia, depending on which appellate court has jurisdiction over the subject matter.
TRIBUNAL – An officer or body with authority (jurisdiction) to pronounce judgment on a matter based upon evidence.
TROVER – A legal proceeding seeking the recovery of damages from a person who had found another’s goods and wrongfully took them for their own use.