TITLE 5 APPEAL AND ERROR

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

ARTICLE 1 GENERAL PROVISIONS

5-6-4. Bill of costs; payment of costs; exceptions to payment; prerequisite to receipt of application for appeal or brief by clerk.

The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00 in criminal cases and in habeas corpus cases for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court and $300.00 in all other civil cases. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs.
Costs shall not be required when at the time the same are due:
1. The pro se applicant or pro se appellant is incarcerated at the time of the filing;
2. Counsel for the applicant or appellant was appointed to represent the defendant by the trial court because of the defendant's indigency; or
3. The applicant, appellant, or counsel for applicant or appellant files an affidavit of indigency.
The clerk shall be prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or the provisions of subsection (b) of this Code section have been satisfied.

(Ga. L. 1921, p. 239, § 1; Code 1933, § 6-1702; Ga. L. 1965, p. 650, § 1; Ga. L. 1982, p. 1186, § 1; Ga. L. 1991, p. 411, § 1; Ga. L. 2009, p. 644, § 1/HB 283; Ga. L. 2014, p. 222, § 1/HB 842.)

The 2014 amendment, effective July 1, 2014, rewrote this Code section.

Cross references.

- Payment by state of bill of costs in appeals or applications filed on behalf of state by a district attorney, § 15-18-13.

Costs, Rules of the Supreme Court of the State of Georgia, Rule 11.

Costs, Rules of the Court of Appeals of the State of Georgia, Rule 17.

Law reviews.

- For annual survey of appellate practice and procedure, see 43 Mercer L. Rev. 73 (1991).

JUDICIAL DECISIONS

Appellate courts lack jurisdiction to review case where section not complied with.

- Court of Appeals is without jurisdiction to review case when costs are not paid and no affidavit meeting requirements of section is filed by plaintiff in error. Carson v. Automobile Financing, Inc., 96 Ga. App. 336, 99 S.E.2d 903 (1957).

All attorneys representing plaintiff in error are bound jointly and severally for costs.

- All attorneys representing plaintiff in error, as well those heard orally or by briefs as those signing bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50), are jointly and severally bound for costs, save where pauper affidavit is filed in clerk's office of court below, and certified copy thereof is transmitted to court with and as part of transcript of record, or, if no transcript is required, with bill of exceptions. Burke v. Seaboard Air Line Ry., 46 Ga. App. 488, 168 S.E. 90 (1933).

Transmission of certified copy of pauper's affidavit.

- Where certified copy of pauper affidavit which was filed in clerk's office of lower court was filed on same date that bill of exceptions (see O.C.G.A. §§ 5-6-49,5-6-50) and transcript of record were filed in court, and certified copy of pauper affidavit was not transmitted to court until some days after bill of exceptions and transcript of record were filed in court, and was therefore not transmitted with and as a part of transcript of record, plaintiff in error is not relieved from payment of cost. Burke v. Seaboard Air Line Ry., 46 Ga. App. 488, 168 S.E. 90 (1933).

Where next friend institutes suit, pauper's affidavit must assert next friend's indigence.

- Where suit is instituted on behalf of infant by next friend, next friend is primarily liable for costs, hence affidavit prescribed by section must assert inability of next friend to pay costs. Carson v. Automobile Financing, Inc., 96 Ga. App. 336, 99 S.E.2d 903 (1957).

If harm from lost transcript, new trial.

- The loss of transcripts and tapes from certain pretrial proceedings did not entitle the defendants to a new trial, as they did not prove harm resulting from the loss. Robinson v. State, 221 Ga. App. 865, 473 S.E.2d 519 (1996).

Cited in Hall v. Hall, 185 Ga. 502, 195 S.E. 731 (1938); Pilgrim Health & Life Ins. Co. v. Lee, 78 Ga. App. 713, 51 S.E.2d 875 (1949); Miller v. Grand Union Co., 250 Ga. App. 751, 552 S.E.2d 491 (2001).

RESEARCH REFERENCES

C.J.S.

- 4 C.J.S., Appeal and Error, § 427 et seq.

ALR.

- Right to sue or appeal in forma pauperis as dependent on showing of financial disability of attorney or other nonparty or nonapplicant, 11 A.L.R.2d 607.

What costs or fees are contemplated by statute authorizing proceeding in forma pauperis, 98 A.L.R.2d 292.

What constitutes "fees" or "costs" within meaning of Federal Statutory Provision (28 USCS § 1915 and similar predecessor statutes) permitting party to proceed in forma pauperis without prepayment of fees and costs or security therefor, 142 A.L.R. Fed 627.

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