2018 Georgia Code Annotated

TITLE 5 APPEAL AND ERROR

Chap.

• 1. General Provisions, Reserved.
• 2. Appeals to Jury in Justice of the Peace Court, 5-2-1 through 5-2-6. [Repealed].
• 3. Appeals to Superior or State Court, 5-3-1 through 5-3-31.
• 4. Certiorari to Superior Court, 5-4-1 through 5-4-20.
• 5. New Trial, 5-5-1 through 5-5-51.
• 6. Certiorari and Appeals to Appellate Courts Generally, 5-6-1 through 5-6-51.
• 7. Appeal or Certiorari by State in Criminal Cases, 5-7-1 through 5-7-6.

Chapter 3. Appeals to Superior or State Court, 5-3-1 through 5-3-31.

Reserved Reserved. Repealed by Ga. L. 1983, p. 884, § 4-2, effective July 1, 1983.

Article 1 General Provisions.

• 5-3-1. Right of appeal from county courts and justice of the peace courts [Repealed].
• 5-3-2. Right to appeal from probate courts; exception.
• 5-3-3. Persons by whom appeal may be entered generally; attorney's authority to appeal to be in writing; dismissal for failure to file; ratification of unauthorized appeal.
• 5-3-4. Appeal by one of several plaintiffs or defendants - Authorization and procedure generally.
• 5-3-5. Appeal by one of several plaintiffs or defendants - Effect of judgment on appeal generally; recovery of damages awarded upon appeal.
• 5-3-6. Appeal by one of several plaintiffs or defendants - Liability and recourse of surety on judgment on appeal.
• 5-3-7. Appeal suspends judgment; effect of dismissal or withdrawal of appeal.
• 5-3-8. Requirement of consent to withdrawal of appeal.

Article 2 Procedure.

• 5-3-20. Time for filing appeals.
• 5-3-21. Notice of appeal; form; service.
• 5-3-22. Payment of costs prerequisite to appeal; affidavit of indigence; dismissal for nonpayment following court order; supersedeas bond.
• 5-3-23. Signature on bond of attorney at law or in fact.
• 5-3-24. Exemption of executors, administrators, and trustees from paying costs and giving bond.
• 5-3-25. Appeal by partners or joint contractors; signature on bond; appeal by corporation.
• 5-3-26. Requirement of written defenses in appeal from justice of the peace court; right to amend pleadings [Repealed].
• 5-3-27. Amendments to cure defects.
• 5-3-28. Transmittal of record and transcripts to superior court; issuance of orders and writs.
• 5-3-29. De novo investigation.
• 5-3-30. Calendaring appeal; waiver of trial by jury; monetary limitations inapplicable.
• 5-3-31. Damages assessed for frivolous appeals.

Chapter 4. Certiorari to Superior Court, 5-4-1 through 5-4-20.

• 5-4-1. When certiorari shall lie; exception.
• 5-4-2. Petition for certiorari to probate judge generally.
• 5-4-3. Petition for certiorari to inferior judicatories generally.
• 5-4-4. Petition for certiorari in appeal case tried by jury in justice of the peace court generally [Repealed].
• 5-4-5. Bond and security required; certificate of payment of costs; oath of security; affidavit of indigence.
• 5-4-6. Time for application for writ; filing of petition; service of petition and writ.
• 5-4-7. Time for filing of answer; manner of service; effect of failure to perfect service.
• 5-4-8. Writing or dictation of answer by parties, attorneys, or interested persons; when verification required.
• 5-4-9. Filing of traverse or exception to answer; perfection of answer.
• 5-4-10. Amendment of petition, bond, answer, and traverse.
• 5-4-11. Conduct of hearing generally; trial by jury.
• 5-4-12. Grounds of error considered generally; scope of review; technical distinctions abolished.
• 5-4-13. Grant of writ for failure to prove venue or time of criminal offense.
• 5-4-14. Dismissal or return of writ to lower court with instructions; entry by superior court of final decision where no questions of fact involved.
• 5-4-15. Requirement of new trial when writ not answered.
• 5-4-16. Recovery of costs by plaintiff where certiorari sustained; recovery of costs by plaintiff where certiorari returned to lower court for new trial.
• 5-4-17. Recovery of costs by defendant generally.
• 5-4-18. Recovery of damages for frivolous certiorari.
• 5-4-19. Operation of writ of certiorari as supersedeas in civil cases.
• 5-4-20. Supersedeas of criminal conviction; bond; affidavit of indigence; effect of supersedeas.

Chapter 5. New Trial, 5-5-1 through 5-5-51.

Article 1 General Provisions.

• 5-5-1. Power of probate, superior, state, juvenile, and City of Atlanta courts.

Article 2 Grounds.

• 5-5-20. Verdict contrary to evidence and justice.
• 5-5-21. Verdict against weight of evidence.
• 5-5-22. Illegal admission or exclusion of evidence.
• 5-5-23. Newly discovered evidence.
• 5-5-24. Error in instructions; objection required in civil cases; requested instructions; review of charges involving substantial error.
• 5-5-25. Other grounds.

Article 3 Procedure.

• 5-5-40. Time of motion for new trial generally; amendments; extension of time for filing transcript; time of hearing; priority to cases in which death penalty imposed; appeal not limited to grounds urged; new trial on court's own motion.
• 5-5-41. Requirements as to extraordinary motions for new trial generally; notice of filing of motion; limitations as to number of extraordinary motions in criminal cases; DNA testing.
• 5-5-42. Form for motion for new trial.
• 5-5-43. Allowance of filing of motion by judge other than trial judge.
• 5-5-44. Service of rule nisi; filing and recordation of motion.
• 5-5-45. Amendment of rule nisi.
• 5-5-46. Operation of rule nisi as supersedeas in criminal cases; superseding of sentence.
• 5-5-47. Right to give supersedeas bond for bailable offense upon filing of new trial motion; assessment and approval of bond.
• 5-5-48. Time of new trial generally.
• 5-5-49. Trial of cases returned for new trial by appellate courts.
• 5-5-50. Standard for review by appellate court of first grant of new trial.
• 5-5-51. Written basis for exercise of judicial discretion for new trial.

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

Article 1 General Provisions.

• 5-6-1. Appearance before court of interested third parties.
• 5-6-2. Disposition of transcript in appellate court.
• 5-6-3. Filing of briefs on court order where cases not disposed of during term; additional argument; effect of failure to comply with order.
• 5-6-4. Bill of costs; payment of costs; exceptions to payment; prerequisite to receipt of application for appeal or brief by clerk.
• 5-6-5. Entry of judgment for costs on reversal.
• 5-6-6. Damages for frivolous appeal.
• 5-6-7. No decisions to be rendered ore tenus; publication of judgments and opinions.
• 5-6-8. Entry of decision on minutes; directions to lower court.
• 5-6-9. Transmittal of opinion to lower court generally.
• 5-6-10. Transmittal of remittitur to lower court generally.
• 5-6-11. Issuance of remittitur in cases involving death penalty.
• 5-6-12. Cessation of supersedeas and issuance of execution upon affirmance of judgment of lower court.
• 5-6-13. Granting of supersedeas in cases of contempt.
• 5-6-14. Execution of extraordinary orders.
• 5-6-15. Certiorari from Supreme Court to Court of Appeals.
• 5-6-16. Time for appeal by representative where party dies after trial; effect of entry of appeal and of failure to enter appeal; when appeal heard.

Article 2 Appellate Practice.

• 5-6-30. Purpose of article; construction.
• 5-6-31. Entry of judgment defined.
• 5-6-32. Manner of service of notices and other papers upon parties; waiver or acknowledgment of service.
• 5-6-33. Right of appeal generally.
• 5-6-34. Judgments and rulings deemed directly appealable; procedure for review of judgments, orders, or decisions not subject to direct appeal; scope of review; hearings in criminal cases involving a capital offense for which death penalty is sought; appeals involving nonmonetary judgments in child custody cases.
• 5-6-35. Cases requiring application for appeal; requirements for application; exhibits; response; issuance of appellate court order regarding appeal; procedure; supersedeas; jurisdiction of appeal; appeals involving nonmonetary judgments in custody cases.
• 5-6-36. Filing of motion for new trial and motion for judgment notwithstanding verdict where appeal taken from judgment, ruling, or order.
• 5-6-37. Filing and contents of notice of appeal; service of notice upon parties to appeal.
• 5-6-38. Time of filing notice of appeal; cross appeal; record and transcript for cross appeal; division of costs; appeals in capital offense cases for which death penalty is sought.
• 5-6-39. Extensions of time for filing notice of appeal, notice of cross appeal, transcript of evidence, designation of record and other similar motions.
• 5-6-40. Enumeration of errors.
• 5-6-41. Reporting, preparation, and disposition of transcript; correction of omissions or misstatements; preparation of transcript from recollections; filing of disallowed papers; filing of stipulations in lieu of transcript; reporting at party's expense.
• 5-6-42. Procedure for preparation and filing of transcript of evidence and proceedings where appellant designates matter to be omitted from record on appeal; extensions of time for completion of transcript.
• 5-6-43. Preparation and transmittal of record on appeal by court clerk; retention of copy by clerk; furnishing at no cost to Attorney General in capital cases; notification where defendant confined to jail.
• 5-6-44. Authorization and procedure generally for filing of joint appeals, motions for new trial, and other motions; division of costs between parties.
• 5-6-45. Operation of notice of appeal as supersedeas in criminal cases; bond; review.
• 5-6-46. Operation of notice of appeal as supersedeas in civil cases; requirement of supersedeas bond or other security; fixing of amount; procedure upon no or insufficient filing; effect of bond as to liability of surety; punitive damages.
• 5-6-47. Operation of notice of appeal and affidavit of indigence as supersedeas in civil cases; procedure for contests as to truth of affidavit.
• 5-6-48. Grounds for dismissal of appeal; amendments; correcting or supplementing record or transcript; effect of dismissal of appeal upon cross appeal; effect of deficiencies upon consideration of appeal.
• 5-6-49. Bills of exceptions, exceptions pendente lite, assignments of error abolished; contents of motions for new trial and for j.n.o.v
• 5-6-50. Procedure provided by article supersedes former appellate procedure.
• 5-6-51. Forms.

ENUMERATION OF ERRORS 1. The court erred in charging the jury on gross negligence.

Chapter 7. Appeal or Certiorari by State in Criminal Cases, 5-7-1 through 5-7-6.

• 5-7-1. Orders, decisions, or judgments appealable; defendant's right to cross appeal.
• 5-7-1.1. Right of state to direct appeal in certain delinquency cases [Repealed].
• 5-7-2. Certification required for immediate review of nonfinal orders, decisions, or judgments; exception; motion for new trial.
• 5-7-3. Right of certiorari.
• 5-7-4. Time limits and procedures governing appeal and certiorari by state.
• 5-7-5. Right of accused to bail; amount of bail reviewable by appellate court.
• 5-7-6. Construction of chapter.