Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 38-3-64 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-3-64 Case Law from Google Scholar Amendments to OCGA 38-3-64

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 3. Emergency Management, 38-3-1 through 38-3-191.

ARTICLE 3 EMERGENCY POWERS

38-3-64. Appeal rights of adversely affected parties; cost of appeal borne by state.

  1. 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.
  2. 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.
  3. 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.

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

Cases Citing O.C.G.A. § 38-3-64

Total Results: 1  |  Sort by: Relevance  |  Newest First

Copy

Garrison v. State, 905 S.E.2d 629 (Ga. 2024).

Cited 10 times | Published | Supreme Court of Georgia | Aug 13, 2024 | 319 Ga. 711

...” and that the State failed to allege and prove an exception to the statute of limitations. The trial court ultimately denied her motion based on orders issued by then-Chief Justice Melton under the Judicial Emergency Act, OCGA §§ 38-3-60 to 38-3-64, to create and extend a statewide judicial emergency due to the COVID-19 pandemic,8 finding that the amended accusation was filed within the statute of limitations given the extension established by the Chief Justice’s orders. The...
...Supreme Court of the action; 21 OCGA § 38-3-63. Moreover, the Act provides an avenue of appeal to any “person whose rights or interests are adversely affected” by such order, order modification, or order extension. 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 deadlines or other time sche...
...notice requirements that operate as a prerequisite for any order to become effective; and the Act provides an avenue of appeal for any “person whose rights or interests are adversely affected” by any order (or subsequent modification or extension of that order). OCGA § 38-3-64....