O.C.G.A.

Ga. Ct. App. R. 16 (2019)

Extension of Time for Filing

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) Notices of Appeal.

Pursuant to OCGA § 5-6-39, a request for extension of time to file a notice of appeal may be filed in this Court. The motion must be made before the expiration of the period for filing as originally prescribed. See OCGA § 5-6-39 (d). The grant of an

extension of time is discretionary. Only one extension of time is permitted, and the extension cannot exceed the time otherwise allowed for the filing of the notice of appeal. OCGA § 5-6-39 (c). The party making the request must show that a bona fide effort has been made to obtain the extension from the trial court and set forth the reason it could not be obtained. Requests for extensions of time must be in writing and received by the Court before the expiration of the filing deadline. The request shall be made in accordance with Rule 40 (b), which requires an explanation of why the order is needed and a stamped “filed” copy of the order being appealed. The motion shall be accompanied by a filing fee in the appropriate amount in accordance with Rule 5 (a), Filing Fees.

(b) Briefs.

Motions for an extension of time to file a brief are subject to the Court’s discretion. All extensions shall be by written order and no oral extension shall be recognized. Failure to request an extension of time to file a brief before its due date may result in the dismissal of the appeal or non-consideration of the brief if untimely filed.

Requests for extensions of time to file discretionary applications must be directed to this Court and should be filed pursuant to Rule 40 (b), Emergency Motions. The request for an extension must be made prior to the expiration of the period for filing as originally prescribed. The grant of an extension of time is discretionary. Only one extension of time will be granted, and the extension will not exceed the time otherwise allowed for the filing of an application. See OCGA § 5-6-39 (c). All extensions shall be by written order, and no oral extension shall be recognized. No extension of time may be granted for filing a response to a discretionary application. See Rule 31 (i).

(d) Interlocutory Applications.

No extension of time shall be granted to file an interlocutory application or a response thereto.