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.

XVI. SUPERSEDEAS AND EMERGENCY MOTIONS

Rule 40. Supersedeas and Emergency Motions.

(a) Supersedeas in Civil Cases.

The notice of appeal filed as provided in OCGA §§ 5-6-34 (a), 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 a 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 same extent as a notice of appeal. See OCGA § 5-6-35 (h).

(b) Emergency Motions.

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

A Rule 40 (b) motion shall:

(1) Contain an explanation why an order of this Court is necessary and why the action requested is time-sensitive;

(2) Contain a stamped “filed” copy of the order being appealed;

(3) Contain a stamped “filed” copy of the notice of appeal, if one has been filed in the trial court;

(4) Show that service was perfected upon the opposing party contemporaneously with or before filing the motion with the Court; and

(5) Be accompanied by the filing fee or evidence that one or more of the fee waiver provisions of Rule 5 apply, unless the motion is filed in a pending case already docketed with the Court. The filing fee shall be in the amount set out in Rule 5, Filing Fees.

(c) Mandamus.

In the exercise of its power under Ga. Const. Art. VI, Sec. I, Par. IV this Court may issue process in the nature of mandamus to the trial court as may be necessary in aid of its jurisdiction or to protect or effectuate its judgments. This Court’s original mandamus jurisdiction is narrow and will be exercised sparingly.

A Rule 40 (c) motion shall:

(1) Contain an explanation why an order of this Court is necessary and why mandamus jurisdiction lies in this Court rather than a superior court;

(2) Include sufficient material to apprise the Court of the issues, in context, and to support the arguments advanced. Failure to submit sufficient material to apprise the Court of the issues and support the argument shall result in denial of the motion; and

(3) Show that service was perfected upon the opposing party and upon the officer whose compelled performance is requested contemporaneously with or before filing the motion with the Court.