O.C.G.A.
O.C.G.A.

O.C.G.A. § 38-3-64 (2019)

Appeal rights of adversely affected parties; cost of appeal borne by state

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Any person whose rights or interests are adversely affected by an order declaring the existence of a judicial emergency or any modification or extension of such an order shall be entitled to appeal.

(b) A notice of appeal shall be filed no later than 45 days after the expiration of the judicial emergency order, or any modification or extension of a judicial emergency order, from which an appeal is sought. A notice of appeal shall be filed with the clerk of a superior court in any jurisdiction affected by the order and shall be served upon:

(1) The authorized judicial official who issued the order;

(2) The parties to any criminal proceeding or civil litigation in which the appellant is involved which would be affected by the appeal;

(3) The district attorney of the county in which the notice of appeal is filed; and

(4) All other parties in any criminal proceeding or civil litigation which would be affected by the appeal; provided, however, that service in this regard shall be accomplished by publishing notice of the filing of the appeal in the newspaper which is the legal organ for the county in which the notice of the appeal is filed.

(c) The appeal shall be heard immediately by the Georgia Court of Appeals under the procedure of emergency motions. A party dissatisfied by the judgment of the Georgia Court of Appeals may appeal as a matter of right to the Georgia Supreme Court. Filing fees for these appeals shall be waived. All costs of court shall be borne by the state. Appeals shall be heard expeditiously.

History

Code 1981, § 38-3-64, enacted by Ga. L. 2004, p. 420, § 3.

ARTICLE 4 RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT

Annotations

Editor’s notes. - Section 14 of the compact provides that the ‘‘compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state.’’ As of May 8, 2017, the tenth member state enacted the compact into law. The former article consisted of Code Sections 38-3-70 through 38-3-73,

relating to emergency management, and was based on Ga. L. 1973, p. 459, §§ 1, 2; Ga. L. 1975, p. 1186, § 1; Ga. L. 1982, p. 3, § 38; Code 1981, § 38-3-73, enacted by Ga. L. 1996, p. 497, § 1, and was repealed on March 1, 2002, pursuant to former Code Section 38-3-73.

RESEARCH REFERENCES C.J.S. - 70 C.J.S., Physicians and Surgeons, § 12 et seq.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2020–2024 · leading case: Garrison v. State, 905 S.E.2d 629 (Ga. 2024).
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Garrison v. State, 905 S.E.2d 629 (Ga. 2024). · cites it 6× “OCGA § 38-3-64. Upon the issuance of an order (or the subsequent modification or extension of that order), the Act empowers the authorized judicial official “to suspend, toll, extend, or otherwise grant relief from 16 To provide notice, the authorized judicial official shall:…”
In Re Declaration of Jud. Emergency (Ga. Ct. App. 2020). · cites it 8× “9 OCGA § 38-3-64 provides in pertinent part: (a) Any person whose rights or interests are adversely affected by an order declaring the existence of a judicial emergency or any modification or extension of such order shall be entitled to appeal.”
Heather Wrye v. Nat'l Collegiate Student Loan Trust 2005-2 (Ga. Ct. App. 2020). · cites it 6× “Heather Wrye filed this appeal pursuant to OCGA § 38-3-64, seeking to challenge the constitutional application of the judicial emergency orders issued by the Georgia Supreme Court pursuant to OCGA § 38-3-611 in this garnishment action.”
Stephen Jacob Hammond v. State (Ga. Ct. App. 2020). · cites it 4× “We also acknowledge that OCGA § 38-3-64 (c) provides in pertinent part that an appeal of an order declaring the existence of a judicial emergency “shall be heard immediately by the Georgia Court of Appeals under the procedure of emergency motions.”
Sherri J. Nance v. Houston Cnty. Sch. Dist. (Ga. Ct. App. 2021). · cites it 3× “” OCGA § 38-3-64 (a). The right of appeal, however, is from the judicial emergency order itself.”
In Re Declaration of Jud. Emergency (Ga. Ct. App. 2020). · cites it 2× “We also acknowledge that OCGA § 38-3-64 (c) provides in pertinent part that an appeal of an order declaring the existence of a judicial emergency “shall be heard immediately by the Georgia Court of Appeals under the procedure of emergency motions.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.