This guide is intended to help self-represented parties, or parties who represent themselves without a lawyer, by providing basic information about the appeals process in Georgia and the steps that must be taken in appealing to the Court of Appeals of Georgia. This guide is not legal advice and may not be cited as legal authority. Parties are strongly encouraged to obtain a lawyer to represent them in an appeal. The rules are complicated, and there are important deadlines that must be met. The failure to follow rules or meet deadlines may – and often does – result in an appeal being lost or dismissed. Such failures may also result in documents being returned to a party for correction.
For parties who decide to represent themselves, it is important to read – and understand – this Court’s rules and the Georgia statutes (laws) regarding appeals. This guide should be used along with those relevant Court rules and Georgia statutes, which will be referred to throughout this guide. This guide is not all-inclusive, and it is not a substitute for reading and understanding the rules and statutes.
You are not allowed to file pleadings (documents) on behalf of anyone other than yourself unless you are a licensed attorney admitted to practice in this Court. A corporation must be represented by a licensed attorney and may not be represented by a non-lawyer employee, director, or officer of the corporation. See Eckles v. Atlanta Technology Group, Inc., 267 Ga. 801 (1997). Although you have the constitutional right in Georgia to represent yourself, the unauthorized practice of law – representing someone else – is forbidden and may subject you to criminal penalties. See OCGA § 15-19-51.
Contact by any party with a judge of this Court or any member of a judge’s staff about a pending case is strictly forbidden. All communication with the Court must be by written documents filed with the Clerk of Court, along with copies served upon (that is, delivered to by U.S. mail, in person, or electronically) opposing counsel and any parties without lawyers. Also, staff of the Clerk’s Office are not allowed to give you suggestions or legal advice or make any specific recommendations about how to pursue an appeal or defend against an appeal. Please note that all documents filed by self-represented parties may be filed in paper format or be electronically filed (eFiled). Self-represented parties may submit an email address to the Clerk of Court to receive unofficial copies of opinions or orders, but the Clerk is required by law to send you a written copy of these documents by U.S. mail. Attorneys practicing in this Court must submit all documents electronically.
The laws of Georgia are put together in a series of books called the Official Code of Georgia Annotated, or OCGA for short. In this guide, you will see references to specific sections of the OCGA that relate to filing both a direct appeal that comes up from the trial court (OCGA Section 5-6-34 (a)), and an application to appeal that you file directly with the Court of Appeals (OCGA Sections 5-6-34 (b) and 5-6-35). You will find a summary of OCGA Section 5-6-34 on pages 13 and 14, and a complete copy of that section of the law on pages 69 and 70. You will find a summary of OCGA Section 5-6-35 on pages 18 through 20, and a complete copy of that law on pages 71 and 72.