These rules are not intended to reiterate all applicable laws. The word “counsel” throughout these rules also applies to pro se parties.

These rules are effective on May 1, 2024.

IV. Extension of Time for Filing

Rule 16. Extension of Time for Filing.

(a) Notices of Appeal.

Pursuant to OCGA § 5-6-39, a request for extension of time to file a notice of appeal
may be filed in this Court. The motion must be made before the expiration of the
period for filing as originally prescribed. See OCGA § 5-6-39 (d). The grant of an
extension of time is discretionary. Only one extension of time is permitted, and the
extension cannot exceed the time otherwise allowed for the filing of the notice of
appeal. OCGA § 5-6-39 (c). The party making the request must show that a bona fide
effort has been made to obtain the extension from the trial court and set forth the
reason it could not be obtained. Requests for extensions of time must be in writing
and received by the Court before the expiration of the filing deadline. The request
shall be made in accordance with Rule 40 (b), which requires an explanation of why
the order is needed and a stamped “filed” copy of the order being appealed. The
motion shall be accompanied by a filing fee in the appropriate amount in accordance
with Rule 5 (a), Filing Fees.

(b) Briefs.

Motions for an extension of time to file a brief are 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 before its due date may result in the dismissal of the appeal or non-consideration of the brief if untimely filed.

(c) Discretionary Applications.

Requests for extensions of time to file discretionary applications must be directed to
this Court and should be filed pursuant to Rule 40 (b), Emergency Motions. The
request for an extension must be made prior to the expiration of the period for filing
as originally prescribed. The grant of an extension of time is discretionary. Only one
extension of time will be granted, and the extension will not exceed the time
otherwise allowed for the filing of an application. See OCGA § 5-6-39 (c). All
extensions shall be by written order, and no oral extension shall be recognized. No
extension of time may be granted for filing a response to a discretionary application.
See Rule 31 (i).

(d) Interlocutory Applications.

No extension of time shall be granted to file an interlocutory application or a response
thereto.