These rules of the Court of Appeals of Georgia are adopted effective August 30, 2022, and will be applied to all cases decided by the Court of Appeals on or after that date.
The following rules have been revised:
Rule 6. Copies and Certificate of Service, (b) Service of Process
Rule 16. Extensions of Time for Filing, (a) Notices of Appeal and (c) Discretionary Applications
Rule 25. Briefs, Structure and Content
Rule 26. Amicus Curiae Briefs
Rule 42. Access to and Retention of Office Papers, (c) Notification of Prior Record
I. GENERAL
Rule 6. Copies and Certificate of Service.
a) Original Document Only.
Paper applications for interlocutory appeals, applications for discretionary appeals, briefs, and all other documents filed with the Clerk in paper form shall include only an original.
(b) Service of Process.
(1) Notices of Appeal.
The notice of appeal filed in the trial court shall show that copies have been served upon opposing counsel or parties by one of three methods, which must be identified: United States Postal Service, personal service, or electronic service. Service shall be shown by a written acknowledgment, a certificate of service, or the server’s affidavit, attached to the notice, and must include the name and complete mailing address of all opposing counsel or parties, the signature of the counsel or party submitting the document, and the signature of the filer.
(2) Filings in Court of Appeals.
A party may serve filings upon opposing counsel or parties by one of three methods, which must be identified: United States Postal Service, personal service, or electronic service. Parties serving via email shall strictly adhere to the following process: A party may serve a document via email if the filer certifies that, based upon a prior agreement with the recipient party, service of a PDF copy of the document via email will be deemed sufficient service. The certification shall state, in substance: “I certify that there is a prior agreement with (insert party or law firm name) to allow documents in a PDF format sent via email to suffice for service.” The filer shall also, in the accompanying certificate of service, list all recipients served electronically by full name, email address, telephone number, and complete physical mailing address.
(c) Timing of Service.
All forms of service shall be made contemporaneously with or before filing. Filing of any document with the Court’s eFast system shall not constitute sufficient service under this rule.
(d) Failure to Comply with Rule.
Any document without a certificate of service or otherwise not in compliance with this rule shall not be accepted for filing.
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 an 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.
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(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).
VII. BRIEFS
Rule 25. Structure and Content.
(a) Appellant’s Brief.
An appellant’s brief will usually be most helpful to the Court if it includes the items listed below, under appropriate headings and in the order indicated. At a minimum, the appellant’s brief must include items (3), (4), (5), and (7).
(1) For briefs of significant length or complexity, a table of contents and a table of cited authorities, each with page references.
(2) A concise introduction setting out the key issues and arguments on appeal.
(3) A concise jurisdictional statement, which must identify:
(i) The basis for this Court’s appellate jurisdiction. See, e.g., OCGA §§ 5-6-34, 5-6-35.
(ii) The basis for this Court having jurisdiction instead of the Supreme Court. See, e.g., Ga. Const. Art. VI, Sec. VI, Pars. II, III; OCGA § 15-3-3.1.
(iii) The filing dates establishing that the appeal is timely. See, e.g., OCGA §§ 5-6-38, 5-6-39.
(4) The enumeration of errors, which must identify separately and concisely each allegedly erroneous ruling the appellant relies on as a basis for reversal of the judgment on appeal. See OCGA § 5-6-40.
(5) A statement of the case that sets out the material facts relevant to the appeal, describes the relevant proceedings below, and identifies how each enumerated error was preserved for review, with appropriate citations to the record.
(6) For briefs of significant length or complexity, a summary of argument that presents, plainly and concisely, each argument in the order presented in the body of the brief. An effective summary will not merely repeat the argument headings.
(7) The argument, which must cite the authorities relied on and include a concise statement of the applicable standard(s) of review, and which should generally follow the order of the enumeration of errors. Point headings that identify and organize arguments are encouraged.
(b) Appellee’s Brief.
An appellee’s brief will usually be most helpful to the Court if it follows the arrangement set out in Rule 25 (a) except for item (4). Items (3) and (5) may be omitted if the appellee is satisfied with their presentation by the appellant. If an appellee disagrees with the appellant’s statement of the case in whole or in part, the appellee must identify any points of disagreement with supporting citations to the record.
(c) Reply Brief.
If the appellant chooses to file a reply brief, the brief need only include item (7) listed above. For reply briefs of significant length or complexity, including items (1) and (2) is encouraged.
(d) General Provisions.
Rule 26. Amicus Curiae Briefs.
(a) Without Leave of Court.
(1) Briefs and Petitions.
Amicus curiae briefs in support of any party may be filed without leave of Court within 10 days after that party’s initial brief or petition is due. Amicus curiae briefs that address the issue(s) on appeal but do not support any party may be filed without leave of Court within 10 days after the response brief is due.
(2) Applications for Interlocutory and Discretionary Appeals.
Amicus curiae briefs in support of any party may be filed without leave of Court within five days after that party’s application or response is due. Amicus curiae briefs that address the issue(s) on appeal but do not support any party may be filed without leave of Court within five days after the response is due. In light of the statutory deadlines for decisions on applications, amicus curiae briefs should be filed as soon as possible so the Court can review them.
(3) Motions for Reconsideration.
Amici may not file motions for reconsideration, but an amicus curiae brief may be submitted in support of a party’s motion for reconsideration. Although these briefs may be filed without leave of Court, they must be filed as soon as possible so the Court can review them.
(b) With Leave of Court.
Amicus curiae briefs may be filed after the time periods set out in Rule 26 (a) only with leave of Court. A request for leave to file an amicus curiae brief must be filed in the form of a motion with the proposed brief attached as Exhibit 1. Motions for leave to file amicus curiae briefs related to applications are not favored and will be granted only in extraordinary circumstances.
(c) Disclosure.
Amicus curiae briefs must disclose the identity of the persons on whose behalf the brief is filed. The Court may deny leave to file an amicus curiae brief that would result in the disqualification of a judge.
XVIII. DOCUMENT RETENTION
Rule 42. Access to and Retention of Office Papers.
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(c) Notification of Prior Record.
After an appeal is docketed in this Court, an appellant who intends to rely on the record in a prior appeal of the same case, and who has previously notified the Clerk to hold the record in accordance with Rule 42 (a) and (b), shall promptly notify the Court of that intention. This notice should be filed as “Information” on the Court docket and should be served on opposing counsel or parties.