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2018 Georgia Code 5-6-32 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 5-6-32 Case Law from Google Scholar Amendments to OCGA 5-6-32

TITLE 5 APPEAL AND ERROR

Section 6. Certiorari and Appeals to Appellate Courts Generally, 5-6-1 through 5-6-51.

ARTICLE 2 APPELLATE PRACTICE

5-6-32. Manner of service of notices and other papers upon parties; waiver or acknowledgment of service.

  1. Whenever under this article service or the giving of any notice is required or permitted to be made upon a party and the party is represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service of all notices and other papers hereunder and service of motions for new trial, motions in arrest, motions for judgment notwithstanding the verdict, and all other similar motions, orders, and proceedings may be made by the attorney or party filing the notice or paper, in person or by mail, and proof thereof shown by acknowledgment of the attorney or party served, or by certificate of the attorney, party, or other person perfecting service. Service of any paper, motion, or notice may be perfected either before or after filing with the clerk thereof; and when service is made by mail it shall be deemed to be perfected as of the day deposited in the mail. Where the address of any party is unknown and the party is not represented by an attorney of record, service of all notices and other papers referred to above may be perfected on the party by mail directed to the last known address of the party.
  2. Service of any notice, motion, or other paper provided for in this article may be waived or acknowledged either before or after filing.

(Ga. L. 1965, p. 18, § 18; Ga. L. 1966, p. 493, § 7; Ga. L. 1968, p. 1072, § 5.)

Cross references.

- Service of motion for supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12.

Objection to failure to comply with Appellate Practice Act, Rules of the Supreme Court of the State of Georgia, Rule 20.

Filing notice of appeal and cross appeal, Rules of the Supreme Court of the State of Georgia, Rule 38.

Service where capital crime involved, Rules of the Supreme Court of the State of Georgia, Rule 44.

Preparation and filing of motions, Rules of the Court of Appeals of the State of Georgia, Rule 32.

Notices of appeal and cross appeal, Rules of the Court of Appeals of the State of Georgia, Rule 33.

Objections to records or transcripts, Rules of the Court of Appeals of the State of Georgia, Rule 47.

Law reviews.

- For article, "The Appellate Procedure Act of 1965," see 1 Ga. St. B.J. 451 (1965). For article, "1966 Amendments to the Appellate Procedure Act of 1965," see 2 Ga. St. B.J. 433 (1966). For article, "Synopses of 1968 Amendments Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B.J. 503 (1968).

JUDICIAL DECISIONS

Section assumedly includes service of rules nisi issued on motions for new trial. Short v. Riles, 141 Ga. App. 881, 234 S.E.2d 710 (1977).

Service of enumeration of errors need be made only by mail. Travelers Ins. Co. v. Burch, 114 Ga. App. 723, 152 S.E.2d 697 (1966).

Service by mail prior to filing of original notice of appeal.

- It is no ground for dismissal of an appeal that service of notice of appeal was made by mail three days before original was filed, or that order was in the first instance erroneously dated. Fidelity & Cas. Co. v. Whitehead, 117 Ga. App. 200, 160 S.E.2d 241 (1968).

Failure to serve notice of appeal as required by section.

- Failure to serve notice of appeal upon appellee's attorney as required by Ga. L. 1965, p. 18, § 18 (see O.C.G.A. § 5-6-32) is insufficient within itself to work dismissal under Ga. L. 1965, p. 18, § 13 and Ga. L. 1965, p. 240, § 1 (see O.C.G.A. § 5-6-48), because the court could require that service be perfected in the manner prescribed by law. Birdwell v. Pippen, 113 Ga. App. 202, 147 S.E.2d 673 (1966).

Trial court not deprived of jurisdiction because appellant fails to serve notice of appeal on appellee as required. Bull v. Bull, 243 Ga. 72, 252 S.E.2d 494 (1979).

Cited in Turner v. Bogle, 115 Ga. App. 710, 155 S.E.2d 667 (1967); City of Atlanta v. Cagle, 146 Ga. App. 324, 246 S.E.2d 380 (1978); Shipman v. Horizon Corp., 151 Ga. App. 242, 259 S.E.2d 221 (1979); McKinney v. Jennings, 246 Ga. App. 862, 542 S.E.2d 580 (2000); Complete Wiring Solutions, LLC v. Astra Group, Inc., 335 Ga. App. 723, 781 S.E.2d 597 (2016).

RESEARCH REFERENCES

C.J.S.

- 4 C.J.S., Appeal and Error, § 453 et seq.

ALR.

- Who is adverse party within statute providing for service of notice of appeal on adverse party, 88 A.L.R. 419.

Necessity that trial court give parties notice and opportunity to be heard before ordering new trial on its own motion, 23 A.L.R.2d 852.

Cases Citing O.C.G.A. § 5-6-32

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Gable v. State, 720 S.E.2d 170 (Ga. 2011).

Cited 153 times | Published | Supreme Court of Georgia | Nov 17, 2011 | 290 Ga. 81, 2011 Fulton County D. Rep. 3668

...s extended by a permissible previous order. The order granting an extension of time shall be promptly filed with the clerk of the trial court, and the party securing it shall serve copies thereof on all other parties in the manner prescribed by Code Section 5-6-32.
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Rivera v. Washington, 298 Ga. 770 (Ga. 2016).

Cited 109 times | Published | Supreme Court of Georgia | Mar 25, 2016 | 784 S.E.2d 775

...The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before the filing of the application....
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Head v. Thomason, 578 S.E.2d 426 (Ga. 2003).

Cited 28 times | Published | Supreme Court of Georgia | Mar 24, 2003 | 276 Ga. 434, 2003 Fulton County D. Rep. 1312

...An "appellee may institute cross appeal by filing notice thereof within 15 days from service of the notice of appeal by the appellant." OCGA § 5-6-38. Service by mail of a notice of appeal is "deemed to be perfected as of the day deposited in the mail." OCGA § 5-6-32....
...As noted above, the Appellate Practice Act speaks to the time period within which a cross-appeal must be filed. The Act requires a notice of cross-appeal to be filed within 15 days of the service of the notice of appeal, OCGA § 5-6-38, and it specifies that a notice of appeal is served when it is deposited in the mail. OCGA § 5-6-32....
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Centennial Ins. Co. v. Sandner, Inc., 380 S.E.2d 704 (Ga. 1989).

Cited 20 times | Published | Supreme Court of Georgia | Jul 7, 1989 | 259 Ga. 317

...All the Justices concur, except Hunt, J., not participating. NOTES [1] The facts of this case are set forth fully in the opinion of the Court of Appeals and will not be reiterated here. [2] Of course, the appellee must serve a copy of the notice of cross-appeal on that party. See OCGA §§ 5-6-38 and § 5-6-32.
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Moore v. State, 814 S.E.2d 676 (Ga. 2018).

Cited 9 times | Published | Supreme Court of Georgia | May 21, 2018

...e record on appeal, the notice of cross appeal shall state whether such transcript is to be filed for inclusion in the record on appeal. A copy of the notice of cross appeal shall be served on other parties of record in the manner prescribed by Code Section 5-6-32. The "Amended Motion for Out of Time Appeal" clearly was an attempt to amend the earlier motion, rather than a request for the trial court to revisit the substance of its earlier order; the motion sought relief on a ground additional...
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Moore v. State, 303 Ga. 743 (Ga. 2018).

Cited 8 times | Published | Supreme Court of Georgia | May 21, 2018

...notice of cross appeal shall state whether such transcript is to be filed for inclusion in the record on appeal. A copy of the notice of cross appeal shall be served on other parties of record in the manner prescribed by Code Section 5-6-32. 5 The “Amended Motion for Out of Time Appeal” clearly was an attempt to amend the earlier motion, rather than a request for the trial court to revisit the substance of its earlier order; the motion sought relief...
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Waller v. State, 299 Ga. 619 (Ga. 2016).

Cited 4 times | Published | Supreme Court of Georgia | Sep 12, 2016 | 791 S.E.2d 67

..., the notice of cross appeal shall state whether such transcript is to be filed for inclusion in the record on appeal. A copy of the notice of cross appeal shall be served on other parties of record in the manner prescribed by Code Section 5-6-32. 4 Pretermitting any procedural impediments to Waller’s present complaints in those regards, several points should be noted....
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Fein v. Bessen, 300 Ga. 25 (Ga. 2016).

Cited 1 times | Published | Supreme Court of Georgia | Oct 31, 2016 | 793 S.E.2d 76

...The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before the filing of the application....