I. GENERAL

Rule 1.	(a) All filings, documents, motions, briefs, requests and communications relating to appeals shall be in writing, shall be filed with the Clerk's office, shall be signed by counsel and shall show that copies have been furnished to opposing counsel. Service shall be shown by written acknowledgment, certificate of counsel or affidavit of server, to include the mailing address of all opposing counsel. Service shall be made before filing. All signed documents shall include the State Bar of Georgia membership number of all submitting attorneys.

(b) There shall be no communications relating to
pending cases to any judge or member of the judge's staff.

(c) All documents filed with the Court, excluding letters, shall be typed or printed on non-transparent, letter size (8 1/2" x 11") white paper and bound at the top with staples or round head fasteners and all matters contained therein, including quotations and footnotes, shall have no less than double spacing between the lines. Letter spacing and type or font size shall be no smaller than Courier 10 cpi , 12 point (or equivalent). Any documents which the Court deems inappropriate as to type size, type style and/or form may be returned to counsel after filing by the Court, and counsel may be ordered to redact and recast such documents. All documents filed with this Court, excluding letters, shall be backed with a non-glossy, white manuscript cover of recyclable paper, heavier than regular stationery-type paper.

(d) All reference to counsel in these rules shall include pro se parties.

RESERVED

(e) The Court does not accept facsimile filings.

Rule 2.	The Clerk's office shall be open Monday through Friday from 8:30 a.m. to 4:30 p.m. E.S.T./E.D.T. The address is: Clerk, Court of Appeals of Georgia, 334 State Judicial Building, Atlanta, Georgia 30334. The telephone number is (404) 656-3450.

Rule 3.	When an expiration date falls on Saturday, Sunday, or an official state or national holiday, the time is extended to the next business day.

RESERVED

OPTION 1

Rule 4.	A document shall be deemed filed when it is physically delivered to the Clerk's office, with sufficient costs, if applicable, and clocked in by the Clerk's office staff. A document is also deemed filed in the Clerk's office when it is deposited in the United States Postal Service registered or certified mail, provided that the official United States Postal Service postmark date appears either (1) on the transmittal envelope or container, or (2) on the certified mail receipt provided by the United States Postal Service at the time the document is mailed, which receipt must be submitted upon request. An office or private postage meter date is not sufficient.

Motions for reconsideration are deemed filed only on the date they are physically received in the Clerk's office. See Rule 37.

OPTION 2

Rule 4.	A document shall be deemed filed when it is physically delivered to the Clerk's office, with sufficient costs, if applicable, and clocked in by the Clerk's office staff. A document is also deemed filed in the Clerk's office when it is deposited in the United States Postal Service provided that the official United States Postal Service postmark date or metered postmark date appears on the transmittal envelope or container. Any mail received without an official United States Postal Service date postmark date or meter date will be deemed filed the previous official business date that it is received by the Court.

OPTION 3

A document shall be deemed filed when it is physically delivered to the Clerk's Office, with sufficient costs, if applicable, and clocked in by the Clerk's Office staff.

COMMENTS: Does away with any mail rule. Documents are filed when received by the Clerk's Office if costs are paid, if applicable.

OPTION 4

A document shall be deemed filed when it is physically delivered to the Clerk's Office, with sufficient costs, if applicable, and clocked in by the Clerk's Office staff. A party may transmit documents for filing to the Clerk of this Court by facsimile filings; however, the responsibility for insuring the document as timely, properly and legibly transmitted to the office of the Clerk of this Court remains with the transmitting party. Extensions of filing time will not be granted for facsimile documents which are not received in this office or which are illegible in whole or part regardless of the case thereof.

COMMENTS: This option would permit facsimile filings for parties to even the playing field for all parties across the State. (From the Clerk's Office point of view, this is not workable. We would have to have a bank of fax machines and personnel to operate them to receive all of the briefs, applications, motions and other filings that the Court receives. The costs in telephone lines, paper and personnel to operate the fax machines would be staggering. Also, we would still be faced with complaints from attorneys who claim the fax lines were always busy or that they faxed the documents and their fax machine reported that the transmission was received but we never received the documents.)

Motions for reconsideration are deemed filed only on the date they are physically received in the Clerk's office. See Rule 37.

Rule 5.	Costs in all cases are $80.00 unless a sufficient pauper's affidavit is filed with the Court or contained in the record. Costs shall be paid upon filing of applications or, in direct appeals, upon filing of briefs and enumerations of error. Costs are incurred and appellant and appellant's counsel are liable for costs when the case is docketed. The Clerk shall not file any matter unless the costs have been paid or a sufficient pauper's affidavit has been filed.

Rule 6.	All documents filed with the Clerk, except enumerations of error and letters, which are not letter briefs, shall include an original and two copies.

Rule 7.	Breach of any rule of the Court of Appeals or failure to comply with an order of this Court subjects the offending party and/or attorney to contempt and may subject the appeal to dismissal or cause appellee's brief to be stricken. The Court may, upon a finding of conduct constituting contempt, impose a fine not to exceed $1,000.00 against each contemnor or revoke the license to practice in this Court, or both.

Rule 8.	Cause for disqualification or recusal of a judge of this Court shall be brought to the attention of the Clerk as soon as practicable. See Rule 44.

II. ATTORNEYS

Rule 9.	Attorneys.

(a)	Application and Oath.

Any member of the State Bar of Georgia may be admitted to practice in this Court upon written application, and the certificate of at least two attorneys of this Court, that such member is of good private and professional character. The oath which is required to be taken, in open Court or before a Judge in Chambers, and which shall be subscribed in a book to be kept by the Clerk and known as the "Roll Book," is as follows:

"I do solemnly swear (or affirm) that I will demean myself as an attorney or counselor of this Court truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. So help me God."

(b)	Fee.

The fee for admission is $30.00, payable to the Clerk, who will issue a license under the seal of the Court as evidence of applicant's authority to practice.

RESERVED

(c)	Appearance by Courtesy.

As a matter of professional courtesy, a visiting attorney from another state, or from a district or territory, if admitted to practice in the highest court of the state, district, or territory of such attorney's residence, by leave of court, may be heard as associate counsel or counsel in a single case, without being admitted as a regular practitioner in this Court. A resident attorney who is not a member of the State Bar of Georgia, may petition this Court for courtesy appearance by showing that the attorney is certified in good-standing in the Bar of the highest court of another state.

(d)	Agreements or Consents to be in Writing.

No agreement or consent will be recognized unless it is in writing, signed by the parties or their counsel, and filed with the Clerk.

(e)	Withdrawal or Substitution of Counsel

Any withdrawal or substitution of attorneys of record in the Court shall be communicated to the Court in writing with a copy to substituted counsel, opposing counsel and the withdrawing or substituting attorney's client.

(f)	Change of Address or Telephone Number

If during the pendency of any appeal or application counsel for either party has a change of address or telephone number, counsel shall file a notification of change of address or telephone number with the Court, notifying the Court of counsel's correct address and telephone number, and the effective date of such change.

The notification of change of address or telephone number shall be filed as a separate document, an original and two copies, with service made to opposing counsel.

Upon receipt of the notification of change of address or telephone number, the Clerk will enter the change of address or telephone number on the Court's docket and all further notices generated from the Court will be to counsel's new address.

Failure of counsel to properly notify the Court of any change of address or telephone number, which may result in counsel not receiving notification of Court action, shall not be grounds to reinstate or reconsider any matter adverse to counsel or parties because of the failure of counsel to receive notification from the Court.

Personal remarks, whether oral or written, which are discourteous or disparaging to opposing counsel, to any judge or the Court are strictly forbidden.

No appeal shall be docketed until the notice of appeal and a record, and transcript, if requested, are filed in the Clerk's office. Each notice of appeal will be docketed as a separate case.

Whenever an appeal or application filed in this Court is within the jurisdiction of the Supreme Court, such appeal or application shall be transferred by order to that court.

Appeals or applications transferred to this Court from the Supreme Court shall be docketed as of the date they are received in this Court.

Any case docketed prior to the entire record coming to the Court, as requested by the parties, may be remanded to the trial court until such time as the record is so prepared and delivered to the Court.

The docket for the January, April, and September terms shall close at noon on the 15th day of December, April and August, respectively. By order, a closed docket may be opened when expedient for the docketing of a case or cases so that a judgment may be rendered by the Court at the earliest practicable date.

Upon the docketing of every appeal and application for appeal, the Clerk shall mail notice of the docketing date and schedule for briefing to all counsel. The notice shall include a statement that failure to file the enumeration of errors and appellant's brief within the time required, except as extended upon motion for good cause shown, may subject the appeal to dismissal. The notice shall also state that: Failure to timely file responsive briefs may result in their non- consideration; a brief shall be filed by the appellee in all criminal appeals when the State is the appellee; and upon failure to file such brief, the State's representative may be subject to contempt. Failure of counsel to receive the docketing notice shall not relieve counsel of the responsibility to timely file briefs. See Rule 26.

The Clerk shall mail the calendar to counsel in each appeal to be orally argued at the addresses shown on the notice of appeal, unless the Court is otherwise advised under Rule 9 (f), at least 14 days prior to the date the call is to begin.

Counsel not receiving a calendar at least 10 days prior to the tentative oral argument dates should contact the Clerk's office to inquire about oral argument dates.

(c)	Conflicts - State and Federal Court.

(1)	Counsel shall not be deemed to have a conflict unless such counsel:

( i )	Is lead counsel in two or more of the actions affected; and

(ii)	Certifies that the matters cannot be adequately handled by other counsel.

(2)	When there is an apparent conflict:

( i )	Appellate arguments prevail over trials, hearings and conferences.

(ii)	The action first filed takes precedence.

(iii)	Felony actions shall prevail over civil actions.

(iv)	Misdemeanors shall stand on equal footing with civil actions.

(v)	The courts are assigned the following priorities:

( aa )	United States Supreme Court.

(bb)	Supreme Court of the State of Georgia.

(cc)	Federal Courts of Appeal and State Courts of Appeal.

(dd)	United States District Courts and Superior Courts.

( ee )	Federal Magistrate Courts and State Courts.

( ff )	Probate, Juvenile and Magistrate Courts.

(3)	The Clerk shall resolve conflicts so as to accommodate all parties insofar as possible.

(4)	Using the above criteria, the only time a conflict exists is when the actions are in courts of equal priority, are of the same type and were filed on the same day. When such conflict exists, counsel shall give prompt written notice of the conflict to opposing counsel and to the clerk of each court.

(5)	When it is evident that counsel's presence is required in more than one court on the same day and no conflict actually exists under the above criteria, counsel shall nevertheless inform all courts concerned giving the style of the case and the date of filing.

Rule 15.	No Prosecution, Frivolous Appeals and Penalties.

(a)	On the call of the case for argument, if the appellant does not appear, and has not filed a brief, the Court may dismiss the appeal for want of prosecution. If the appellee or appellee's counsel shall appear, such appellee or counsel may move to reopen the record and insist upon an affirmance of the judgment below.

(b)	The panel of the Court ruling on a case, with or without motion, may by majority vote impose a penalty not to exceed $1,000 against any party and/or party's counsel in any civil case in which there is a direct appeal, application for discretionary appeal, application for interlocutory appeal, or motion which is determined to be frivolous.

(c)	The imposition of such penalty shall constitute a money judgment in favor of appellee against appellant or appellant's counsel or in favor of appellant against appellee or appellee's counsel, as the Court directs. Upon filing of the remittitur in the trial court, the penalty may be collected as are other money judgments.

IV. EXTENSION OF TIME FOR NOTICE OF APPEAL, ETC.

Rule 16.	Extension of Time for Filing.

(a)	Pursuant to the provisions of OCGA § 5-6-39, requests for extensions of time, which must be in writing, may be made only upon showing a bona fide effort has been made to obtain the extension from the trial court and the reason it could not be obtained.

(b)	Extensions of time to file briefs and enumeration of errors must be requested by motion and shall be subject to the Court's discretion. All extensions shall be by written order and no oral extension shall be recognized.

Failure to request an extension of time to file a brief and enumeration of errors prior to the date the brief and enumeration of errors are due may result in the non-consideration of the motion and/or the dismissal of the appeal.

(c)	No extension of time shall be granted for filing interlocutory or discretionary applications or filing responses thereto.

V. RECORDS AND TRANSCRIPTS

RESERVED

OPTION 1

Rule 17.	Duty of Trial Court Clerks .

The clerk of the trial court shall certify and transmit to the Clerk of this Court the original transcript and copies of all records as required within the time prescribed by statute. Transmittal shall be by the clerk or deputy personally or by first class United States mail or express mail, charges prepaid. Transmittal by a party or attorney is prohibited.

COMMENTS: Requesting the complaint and orders appealed from will hopefully get the necessary documentation that the Clerk's Office needs to docket the case when it first comes up. The language about no original evidence or exhibits is to help conserve space and cut down on the number and amount charts, maps, boards and other items of evidence the Clerk's Office receives, unless the items are actually needed by the Court.

OPTION 2

The clerk of the trial court shall certify and transmit to the Clerk of this Court the original transcript and copies of all records to include the complaint, the answer, where applicable, and all orders appealed from, within the time prescribed by statute. Transmittal shall be by the clerk or deputy personally or by first class United States mail or express mail, charges prepaid. Transmittal by a party or attorney is prohibited.

COMMENTS: This would delete the language which prohibits original evidence and exhibits being transmitted to the Court, unless by order and suggests that they should always be sent to the Court. Some staff attorneys feel that having to send for exhibits once work has begun on the case slows down the process of deciding the case.

Rule 18.	Preparation and Arrangement of Records and

Transcripts.

OPTION 1

(a)	Arrangement of Record.

The record with pages numbered at the bottom and a manuscript cover shall be arranged as follows:

(1)	Index;

(2)	Notice of Appeal;

(3)	Other items in chronological order; and

(4)	Clerk's certificate.

Voluminous records may be bound in separate parts but each part shall be certified separately.

(Draft a letter to the Council of Superior Court Judges requesting they amend their rules regarding filing of transcripts, records and dispositions.

OPTION 2

(b)	Records and transcripts, to include depositions, shall be printed on one side of white paper not less than letter size of good quality with ample spacing (at least double spaced) and margins so that they may be easily read. The margin at the top shall be of sufficient space so that the transcript may be read when folded over at the top. Type size shall not be smaller than Courier 10 cpi , 12 point (or equivalent).

Rule 19.	Transmission of Transcript.

OPTION 1

The original transcript shall be a separate document and not attached to the record. It should show the style of the case and an index. Voluminous transcripts may be bound in separate parts. The reporter and clerk shall certify each part.

Rule 20.	Objections to Records or Transcripts; Waiver.

Appellee shall be deemed to have waived any failure of the appellant to comply with the provisions of the appellate practice act relating to the filing of the transcript of the evidence and proceedings or transmittal of the record to this Court, unless objection thereto was made and ruled upon in the trial court prior to transmittal and such order is appealed as provided by law.

RESERVED

Rule 21.	Physical Evidence	- Original Evidence.

OPTION 1

Any party relying on physical evidence may include as a part of the transcript or record a photograph, a videotape or an audiotape of the evidence, together with an explanation or description if deemed necessary, in lieu of transmitting the original evidence. No original evidence or exhibits shall be transmitted to the Court unless the Court directs the clerk of the trial court to transmit such original evidence or exhibits, or upon the grant of a written motion of the party or parties desiring such original evidence or exhibits to be transmitted to the Court. The motion shall be specific as to what original evidence or exhibits shall be transmitted to the Court and the reason such original evidence or exhibits are necessary for the determination of the appeal. After the remittitur has been issued from the Court to the trial court, all original evidence or exhibits shall be returned to the clerk of the trial court. In no event, unless directed by this Court, shall physical evidence be transmitted to the Court which is bulky, cumbersome, or expensive to transport, or which, by reason of its nature, is dangerous to handle.

COMMENTS: This is consistent with the proposed Option 1 for Rule 17. Additionally, it would return all original evidence and exhibits to the clerk of the trial court as soon as remittitur goes out to lessen the likelihood of loss or destruction of original evidence and exhibits.

OPTION 2

Any party relying on physical evidence may include as a part of the transcript or record a photograph, a videotape or an audiotape of the evidence, together with an explanation or description if deemed necessary, in lieu of transmitting the original evidence. After the remittitur has been issued from the Court to the trial court, all original evidence or exhibits shall be returned to the clerk of the trial court. In no event, unless directed by this Court, shall physical evidence be transmitted to the Court which is bulky, cumbersome, or expensive to transport, or which, by reason of its nature, is dangerous to handle.

COMMENTS: This is consistent with Rule 18 which would permit original evidence to come to the Court without order of the court.

VI. ENUMERATION OF ERRORS

Rule 22.	Filing; Preparation.

(a)	Time of Filing.

The enumeration of errors shall be filed as a separate document with the Clerk of this Court within 20 days after the case is docketed. This is in addition to Part 2 of the brief. See Rule 27 (a) (2).

(b)	Physical Preparation.

The enumeration of errors shall follow generally the rules for the physical preparation of briefs in regard to paper size and quality, double spacing, margins, etc. Only an original enumeration of errors is required.

(c)	Statement of Jurisdiction.

Following the enumeration of errors and immediately preceding the signature of counsel, there must be a statement of the specific reasons the Court of Appeals and not the Supreme Court has jurisdiction of the appeal, with citation of the part(s) of the record or transcript showing jurisdiction.

(d)	Review.

The enumeration of errors shall be deemed to include and present for review all judgments necessary for a determination of the errors specified.

VII. BRIEFS

Rule 23.	Preparation.

(a)	Paper, Spacing.

All briefs shall be filed in conformity with Rule 1 (a) and (b).

(b)	Margins.

Writing shall be on only one side of each sheet with a margin of at least two inches at the top; a margin of at least one and one-half inches on the left side of each page and a margin of at least one inch on the right side and bottom of each page.

(c)	Citations.

All citations of cases shall be by name of the case as well as by volume, page and year of the Official Report (Harrison or Darby). Cases not yet reported shall be cited by the Court of Appeals or Supreme Court case number and date of decision.

(d)	Pages to be Numbered.

The pages of each brief shall be sequentially numbered with Arabic numerals.

(e)	Limitation as to Length.

Briefs and responsive briefs shall be limited to 30 pages in civil cases and 50 pages in criminal cases including indexes, exhibits and appendices, except upon written application directed to the Clerk and approved by the Court. Appellant's reply brief shall be limited to 15 pages. See Rule 24 for additional briefs.

(f)	Attachments and Exhibits.

Documents attached to an appellate brief, which have not been certified by the clerk of the trial court as a part of the appellate record and forwarded to this Court, will not be considered on appeal.

(g)	Address of Defendant.

Appellant shall include the address of the defendant in a criminal case on the face of the brief and shall notify the Court of any change of address.

Rule 24.	Supplemental Briefs.

Briefs shall be limited to an appellant's brief, an appellee's brief, and a reply brief. Supplemental briefs may be filed only by leave of the Court. Counsel may file a motion for permission to file supplemental briefs. Contemporaneously with filing a motion, counsel may file, as a separate document, an original and two copies of the supplemental brief, not to exceed 15 pages.

When pertinent and significant authorities come to the attention of a party subsequent to filing such party's brief, or after oral argument but before decision, a party may, without leave of court, properly inform the Clerk by letter, with copy to all counsel, setting forth the citations. There shall be a reference either to the page of the brief or to a point argued orally to which the citations pertain. The letter shall, without argument, state the reasons for the supplemental citations. Any response shall be made promptly and be similarly limited.

Rule 25.	Amicus Curiae Briefs.

Amicus curiae briefs may be filed without leave of Court, disclosing the identity and interest of the person or group on whose behalf the brief is filed and limited to issues properly raised by the parties. Only members of the Bar of this Court or attorneys appearing by courtesy may file Amicus Curiae briefs.

Rule 26.	Time of Filing; Contempt; Dismissal; Service.

(a)	Appellant's brief and enumeration of errors shall be filed within 20 days after the appeal is docketed. Failure to file within that time, unless extended upon motion for good cause shown, may subject the appeal to dismissal, and may subject the offender to contempt. See Rule 7 and Rule 13.

Appellant's motion for extension of time to file brief and enumeration of errors must be filed prior to the date the documents are due or the Court may dismiss the appeal.

(b)	Appellee's brief shall be filed within 40 days after the appeal is docketed or 20 days after the filing of appellant's brief, whichever is later. Failure to timely file may result in non-consideration of the brief and may subject counsel to contempt. See also Rule 13.

(c)	Appellant may file a reply brief within ten days from the date of filing of appellee's brief.

Rule 27.	Structure and Content.

(a)	Appellant.

The brief of appellant shall consist of three parts:

(1)	Part One shall contain a succinct and accurate statement of the proceedings below and the material facts relevant to the appeal and a citation of such parts of the record or transcript essential to a consideration of the errors complained of, and a statement of the method by which each enumeration of error was preserved for consideration. Record and transcript citations must be to the page numbers that appear on the appellate records as sent from the court below.

(2)	Part Two shall consist of the enumeration of errors. This is in addition to the original enumeration of errors required by Rule 22 (a).

(3)	Part Three shall contain the argument and citation of authorities. It shall also include a concise statement of the applicable standard of review with supporting authority for each issue presented in the brief.

(b)	Appellee.

The brief of appellee shall be divided in the following manner:

(1)	Part One shall point out any material inaccuracy or incompleteness of appellant's statement of facts and any additional statement of facts deemed necessary, plus such additional parts of the record or transcript deemed material. Failure to do so shall constitute consent to a decision based on the appellant's statement of facts. Except as controverted, appellant's statement of facts may be accepted by this Court as true.

(2)	Part Two shall contain appellee's argument and the citation of authorities as to each enumeration of error. It shall also include the standard of review if different from that contended by the appellant.

(c)	General Provisions.

(1)	Sequence of Argument.

The sequence of arguments in the briefs shall follow the order of the enumeration of errors, and shall be numbered accordingly.

(2)	Unsupported Claim of Error Treated as Abandoned.

Any enumeration of error which is not supported in the brief by citation of authority or argument shall be deemed abandoned.

(3)	References to Record or Transcript.

( i )	Each enumerated error shall be supported in the brief by specific reference to the record or transcript. In the absence of such reference, the Court will not search for or consider such enumeration.

(ii)	A contention that certain matters are not supported by the record may be answered by reference to particular pages where they appear.

(iii)	Reference to the record should be indicated by (R-Page Number of the Record). Reference to the transcript should be indicated by (T- Page Number of the Transcript). Reference to a motion transcript should be indicated by (MT-Page Number of the Transcript and date of the hearing). Any volume of record or transcript should be referenced by (V- Number of the Volume of Record or Transcript).

VIII. ARGUMENT

Rule 28.

(a)	Request and Time.

(1)	Unless expressly ordered by the Court, oral argument is never mandatory and argument may be submitted by briefs only. A case will be placed on the calendar for oral argument only upon the granting of the request of either party.

A request for oral argument shall be filed within 20 days from the date the case is docketed in this Court. The request must be a separate document, an original and two copies, directed to the Clerk, certifying that opposing counsel has been notified of the request and that opposing counsel desires, or does not desire, to orally argue. The request shall identify counsel who is scheduled to argue, and any change shall be communicated to the Clerk as soon as practicable.

An extension of time to file brief and enumeration of errors does not extend the time to request oral argument.

A request shall contain a brief statement demonstrating that the decisional process will be significantly aided by oral argument. The request should be self-contained and should convey the specific reason or reasons oral argument would be beneficial to the Court. Counsel should not assume the brief will be considered in ruling on the request for oral argument.

After either side has been granted oral argument, it may be waived by either side, but waiver by the requester does not remove the case from the oral argument calendar. Argument will not be allowed on behalf of any party whose brief has not been timely filed, unless permission is granted by the Court. Counsel requesting extension of time to file briefs waive oral argument if the extension is beyond the end of the term.

(2)	Argument is limited to 30 minutes for each case, 15 minutes on each side, unless by special leave an extension of time is granted. No additional time will be granted except on application made in writing at least five days before the date set for the call of the case. If additional time is granted, the case will be placed at the end of the calendar unless otherwise ordered by the Court. A companion case may, in the discretion of the Court, be treated as a separate case for oral argument if counsel so requests by written motion at least five days before the date set for oral argument. Where there are third parties or additional parties with divergent interests, additional time may be requested and granted as set out above.

(3)	Appeals in which oral argument has been granted pursuant to Rule 28 (a) will be assigned to the calendar in the order in which they appear on the docket, unless otherwise ordered. When a case has been reached in its order on the calendar, it will not be postponed except for good reason shown.

(4)	If either counsel decides to waive oral argument after it has been granted, waiving counsel must notify other counsel and the Court of that fact.

(b)	Number of Arguments.

When both sides of an appeal are argued, only two counsel on each side will be heard. When only one side of an appeal is argued, or when arguments are to be made on behalf of more than two parties, no more than one counsel per party shall be heard.

(c)	Opening and Concluding; Rebuttal.

Appellant has the right to open and conclude the arguments. Appellant's conclusion shall be confined to matters covered in argument of opposing counsel.

(d)	Courtroom Decorum.

(1)	Counsel appearing for oral argument shall check in with the Clerk in the courtroom at 9:30 a.m. on the date of oral argument specifying who will argue and for how long.

(2)	Talking, reading newspapers or other material, and audibly studying briefs and arranging papers are prohibited in the courtroom. The lawyers' lounge has been provided for this purpose.

(3)	All counsel appearing before the Court must be properly attired.

(e)	Presence of Counsel.

Oral argument is waived if counsel is not actually inside the courtroom when the case is formally called in its order for argument.

(f)	Limited Argument.

The Court will call cases out of order listed on the calendar in which all counsel appearing for argument inform the Clerk that the time of argument will be limited to five minutes for each side or ten minutes for each side. Five minute cases will be called before ten minute cases and both will be called before fifteen minute cases.

Rule 29.	Hearing by Quorum.

(a)	Whenever a division of the Court is on the bench for the purpose of hearing oral argument, and a quorum (2 judges) is present, the division shall proceed with the call of the docket.

(b)	In such instances, the arguments shall be tape recorded.

IX. APPLICATION FOR INTERLOCUTORY APPEALS

Rule 30.	Applications.

(a)	An application for leave to appeal an interlocutory order will be granted only when it appears from the documents submitted that:

( i ) The issue to be decided appears to be dispositive of the case; or

(ii) The order appears erroneous and will probably cause a substantial error at trial or will adversely	affect the rights of the appealing party until	entry of final judgment in which case the appeal	will be expedited; or

(iii) The establishment of precedent is desirable.

(b)	Applications for interlocutory appeal shall contain a jurisdictional statement and have attached a stamped "filed" copy of the court's order to be appealed and a stamped "filed" copy of the certificate of immediate review.

(c)	Applications for interlocutory appeal pursuant to OCGA § 5-6-34 (b) should have copies of all materials from the record tabbed and indexed. If not tabbed and indexed, the petition is subjected to being dismissed. The materials must be sufficient to apprise the Court of the appellate issues, in context, and support the arguments advanced.

(d)	If the application is granted, an additional $80.00 filing fee will be due upon docketing of the direct appeal or the filing of the brief and enumeration of errors.

(e)	No extension of time shall be granted for filing of interlocutory applications or responses to interlocutory applications.

(f)	If an interlocutory application is granted, appellant must file a notice of appeal within 10 days of the date of the order granting the application.

X. APPLICATION FOR DISCRETIONARY APPEAL

Rule 31.	Leave to Appeal.

(a)	An application for leave to appeal a final judgment in cases subject to appeal under OCGA § 5-6-35 will be granted only when:

( i ) Reversible error appears to exist; or

(ii) The establishment of a precedent is desirable.

(b)	Applications for discretionary appeal pursuant to OCGA § 5-6-35 should have copies of all material from the record tabbed and indexed. If it is not tabbed and indexed, the petition is subject to being dismissed. The material must be sufficient to apprise the Court of the appellate issues, in context, and support the arguments advanced.

(c)	Discretionary appeals must have a stamped "filed" copy of the order from which the appeal is sought in the application.

(d)	If the application is granted, an additional $80.00 filing fee will be due upon docketing of the direct appeal or the filing of the brief and enumeration of errors.

(e)	No extensions of time will be granted in filing discretionary applications or responses.

XI. TIME OF FILING APPLICATIONS

Rule 32.	Time of Filing.

(a)	An application for interlocutory appeal shall be filed in this Court within 10 days of the entry of the trial court's order granting the certificate for immediate review. Entry of the trial court's order shall be the date it is filed with the trial court clerk.

(b)	An application for discretionary appeal shall be filed in this Court within 30 days of the date of the entry of the trial court's order being appealed.

(c)	Applications to appeal interlocutory or discretionary orders of which the Supreme Court has jurisdiction shall be transferred to that Court, if timely filed.

XII. OPINIONS AND JUDGMENTS

Rule 33.	Showing of Concurrence or Dissent.

Each judgment shall show on its face the votes, nonparticipation, or disqualification of each judge.

(a)	Judgment as Precedent.

A judgment which is fully concurred in by all Judges of the division is a binding precedent; if there is a special concurrence without a statement of agreement with all that is said in the opinion or a concurrence in the judgment only, the opinion is a physical precedent only. If the appeal is decided by a seven or ten judge Court, a full concurrence by a majority of Judges is a binding precedent, but if the judgment is made only by special concurrences without a statement of agreement with all that is said in the opinion or by concurrence in the judgment only, there being general concurrence by less than a majority of the Judges, it is a physical precedent only.

(b)	Unreported Opinion.

An unreported opinion is neither a physical nor binding precedent but establishes the law of the case as provided by OCGA § 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 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 $1.00 per page, with a minimum cost of $5.00 per opinion.

Rule 36.	Affirmance Without Opinion, When Rendered.

Cases in which:

(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; and/or

(4)	the issues are controlled adversely to the appellant for the reasons and authority given in the appellee's brief

may be affirmed without opinion. They have no precedential value.

XIII. RECONSIDERATION

Rule 37.	Motions for Reconsideration.

(a)	Physical Preparation.

Motions for reconsideration shall be prepared in accordance with Rule 23.

(b)	Time of Filing.

Motions for reconsideration must be filed during the term at which the judgment or dismissal sought to be reviewed was rendered and before the remittitur has been forwarded to the clerk of the trial court and, in any event, must be filed within 10 days from the rendition of the judgment or dismissal. Motions for reconsideration must be physically received in the Court for filing within 10 days of the order or judgment for which reconsideration is sought. The certified mail rule does not apply to motions for reconsideration. See Rule 4. No extension of time shall be granted except for providential cause on written application made before the expiration of 10 days. Any response to a motion for reconsideration should be filed as quickly as counsel deems appropriate.

(c)	Time May be Limited.

The Court may by special order in any case direct that the remittitur be transmitted to the clerk of the trial court immediately after the rendition of the decision and judgment, or at any other time, without awaiting the expiration of 10 days, and may by special order limit the time within which a motion for reconsideration may be filed to any period less than 10 days.

(d)	Second Motion.

No party shall file a second motion for reconsideration unless permitted by order of the Court. The filing of a motion for permission to file a second motion for reconsideration does not toll the 10 days for filing a Notice of Intent.

(e)	Basis for Granting.

A reconsideration will be granted on motion of the requesting party, only when it appears that the Court overlooked a material fact in the record, a statute or a decision which is controlling as authority and which would require a different judgment from that rendered, or has erroneously construed or misapplied a provision of law or a controlling authority.

(f)	Opinion May be Revised Without Grant of Motion.

If, upon the consideration of a motion for reconsideration, the Court decides its judgment as rendered is correct but that some revision of the opinion is appropriate, it may revise the opinion accordingly, without granting reconsideration.

(g)	Sua Sponte Revision.

The Court may at any time reconsider and revise its opinions prior to the printing thereof in the official reports.

(h)	Voting on Motions, Effect.

A motion for reconsideration shall be voted on by the Judges who voted on the original opinion. If there is a dissent on the motion for reconsideration, the motion shall be voted on by seven judges, or should the Court deem it appropriate, 10 judges.

XIV. CERTIORARI

Rule 38.

(a)	Supreme Court of Georgia.

(1)	Notice of intention to petition for certiorari shall be filed with the Clerk of this Court within 10 days after the judgment or, if motion for reconsideration is filed, within 10 days after the order ruling on reconsideration. Motion for reconsideration is not a prerequisite for petition for certiorari.

(2)	Petition for writ of certiorari to the Supreme Court of Georgia is governed by the rules of that Court. Notice of filing a petition for certiorari shall be filed in this Court simultaneously with the filing of the petition in the Supreme Court.

(b)	Supreme Court of the United States.

(1)	Notice of intention to petition for certiorari shall be filed with the Clerk of this Court within 20 days after denial of a writ of certiorari by the Supreme Court of Georgia.

(2)	Notice of filing a petition shall be filed in this Court simultaneously with the filing of a petition in the Supreme Court of the United States.

XV. REMITTITUR

Rule 39.	Transmittal.

(a)	Remittiturs shall be transmitted to the clerk of the trial court as soon as practicable after the expiration of 10 days from the date of the judgment unless otherwise ordered or unless a motion for reconsideration or notice of intention to apply to the Supreme Court of Georgia for writ of certiorari has been filed.

(b)	Notice of intention to apply to the Supreme Court of the United States for writ of certiorari will not automatically stay the remittitur .

XVI. SUPERSEDEAS

Rule 40.	Supersedeas .

(a)	Civil Cases.

The notice of appeal filed as provided in OCGA §§ 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).

(b)	Emergencies.

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 will be exercised sparingly. Generally, no order will be made or direction given in an appeal until it has been docketed in this Court.

A Rule 40 (b) motion must:

( i ) contain a stamped filed copy of the order being	appealed;

(ii) contain a copy of the notice of appeal, if such has been filed in the trial court;

(iii) show that service has been perfected upon the opposing party before filing the motion with the Court;

(iv) be accompanied by an $80.00 filing fee or a sufficient pauper's affidavit, unless the motion is filed in a pending case already docketed with the Court.

XVII. MOTIONS

Rule 41.	Preparation and Filing.

(a)	Filing in Triplicate.

Motions shall be filed in triplicate as set out in Rule 6. Motions, not letters, should be filed whenever counsel wish the Court to take any action.

(b)	Form and Physical Preparation.

All motions shall be filed as separate documents, and shall not be filed as compound motions or alternative motions. No motions shall be filed in the body of briefs, applications or responses. Motions shall be prepared in accordance with Rule 23. Failure to comply with this rule may result in non-consideration of such motions.

(c)	Motions to Dismiss.

Notice of a motion to dismiss and of the grounds thereof shall be given in writing to counsel for the appellant by service made and shown as required in Rule 1 (a). If such notice cannot be given, the motion will be entertained and the Court in its discretion will give such direction as may seem proper. Whenever it appears the Court has no jurisdiction of a pending appeal, it will be dismissed or transferred to the Supreme Court, as the facts and/or law require.

(d)	Response Time to Motions.

Responses to motions should be made as soon as possible since the Court generally acts on motions quickly. There is no 10 day rule for time to respond to motions.

(e)	Reconsideration.

See Rule 37.

(f)	Motion to Withdraw Appeal.

(1)	Whenever appellant decides not to pursue an appeal, such party shall promptly file a motion to withdraw the appeal.

(2)	In a criminal case the motion shall include an affidavit from defendant agreeing to the withdrawal of the appeal. Should the defendant refuse to provide such affidavit, that fact shall be made known to the Court and the grounds for the withdrawal of the appeal shall be stated in the motion.

XVIII. OFFICE PAPERS

Rule 42.

(a)	Papers shall not be taken from the Clerk's office without leave of the Court. When leave is granted, the party receiving the paper shall receipt the Clerk therefore. The Clerk may deliver records to the Clerk of the Supreme Court.

(b)	One year after the remittitur has gone out, the party paying for the record and transcript may claim them. Otherwise all records and transcripts will be recycled, unless the parties notify the Clerk, in writing, that the record should be maintained, and the reason therefore.

(c)	If the parties anticipate that the case will return to the Court or be appealed to the United States Supreme Court, the parties must notify the Clerk, in writing, to hold the record.

XIX. PARTIES

Rule 43.	Parties, How Made.

(a)	Suggestion of Death of Party.

The death of a party in a pending appeal may be suggested by counsel for either side at any time.

(b)	Legal Representative May Volunteer.

The legal representative of the deceased party may voluntarily become a party to the appeal at any time.

(c)	Temporary Administrator.

A temporary administrator is regarded as a competent party.

(d)	Whenever a party is substituted, counsel for the substituting party shall notify the Clerk and opposing counsel of such substitution.

XX. DISQUALIFICATIONS.

Rule 44.	Disqualifications and Recusals .

(a)	Any motion to recuse or disqualify a judge in a particular case shall be filed in writing, and shall contain such evidence and affidavits which shall fully assert the facts upon which the motion is founded. Such motion shall be filed within 20 days of the date of docketing, unless good cause is shown for failure to meet such time requirements.

(b)	The affidavit shall clearly state the facts and reasons for the belief that bias or prejudice exists, being definite and specific as to time, place, persons and circumstances which demonstrate either bias in favor of any adverse party or prejudice against the moving party or systematic pattern of prejudicial conduct. Allegations consisting of conclusions and opinions are not legally sufficient to support the motion or warrant further proceedings.

(c)	The determination of the recusal motion shall be made upon the written record and no hearing or oral argument shall be permitted.

XXI. EXPEDITED APPEALS UNDER THE PARENTAL NOTIFICATION ACT.

Rule 45.

(a)	This rule is adopted under the authority of the Georgia Constitution, Article 6, § 1, ¶ 4 (1983); OCGA §§ 15-1- 5 and 15-11-114 (e) to provide for the expedited consideration of appeals under the "Parental Notification Act." ( OCGA § 15-11-110 et seq.)

(b)	Any minor to whom a Juvenile Court has denied a waiver of notice under OCGA § 15-11-114 (d) may obtain an expedited appeal to this Court. For the purpose of this rule, in computing time, Saturdays, Sundays and holidays shall be included. Rule 3 shall govern in the event an expiration date falls on such a date.

(c)	A minor seeking an expedited appeal shall file a Notice of Appeal and a certified copy of the order denying waiver of notice with the Clerk of this Court. A copy of the Notice of Appeal must also be filed with the Juvenile Court. The name, address and telephone number of the Guardian Ad Litem and any Counsel of Record must be included with the Notice of Appeal. Upon receipt of the Notice of Appeal, this Court will issue an order to the Juvenile Court directing that the record and transcript of the hearing be transmitted to and received by this Court within five days from the date of filing of the Notice of Appeal with this Court. An enumeration of errors shall be filed within the time period for the filing of the record. If a brief is desired, it shall also be filed within the time period for the filing of the record. No filing fee is required.

(d)	The record of the Juvenile Court shall be certified by the Clerk of the Juvenile Court and transmitted to this Court under seal.

(e)	The Clerk shall assign the appeal to a panel of this Court, who shall take the matter under consideration and shall issue its decision within five days of receipt of the record.

(f)	In order to expedite further appellate review, a motion for reconsideration shall not be required. However, if the decision of this Court affirms the judgment of the Juvenile Court, the minor may file a motion for reconsideration and the same will be governed by Rule 37, except that such a motion shall be filed within five days from the date of the decision of this Court and may be filed out of term. Any motion for reconsideration will be decided by the Court within five days of filing thereof.

(g)	If the decision of this Court reverses the judgment of the Juvenile Court, the remittitur will be forwarded to the Clerk of the Juvenile Court immediately after the rendition of the decision. If the decision of this Court affirms the judgment of the Juvenile Court, the remittitur shall be transmitted to the Clerk of the Juvenile Court as soon as practicable after the expiration of five days from the date of the judgment unless otherwise ordered or unless a motion for reconsideration or notice of intention to apply to the Supreme Court for writ of certiorari has been filed.

(h)	Upon good cause shown, the Court will enter such orders as will further expedite the processing of these cases.

( i )	In order to invoke the foregoing special procedures, the Notice of Appeal must be filed within five days of receipt by the minor of the Juvenile Court's order.

(j)	All pleadings, briefs, orders, transcripts, exhibits and any other written or recorded material that are part of the record shall be considered and treated by the Court as confidential. Upon conclusion of the appellate proceedings the record will be sealed, and the contents of the record shall not be disclosed, except upon order of this Court or the Supreme Court of Georgia.