O.C.G.A. § 5-3-8 — GA Code / Title 5 / Chapter 3 / Section 5-3-8
Georgia Code Title 5. Appeal and Error § 5-3-8
Status: in_force

(a) The respondent shall file a response to a petition for review with the reviewing court within 30 days after being served with a copy of the petition for review. If a de novo proceeding is required as specified in subsection (b) of Code Section 5-3-5 , the response shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the respondent.

(a) The respondent shall file a response to a petition for review with the reviewing court within 30 days after being served with a copy of the petition for review. If a de novo proceeding is required as specified in subsection (b) of Code Section 5-3-5 , the response shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the respondent.

(b) A cross appeal or counterclaim shall not require a response, unless one is required by order of the court, and shall automatically stand denied.

(b) A cross appeal or counterclaim shall not require a response, unless one is required by order of the court, and shall automatically stand denied.

(c) A reply, if any, shall be filed by the petitioner within 30 days after being served with a copy of the respondent's response. If a de novo proceeding is required as provided in subsection (b) of Code Section 5-3-5 , the petitioner's reply shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the petitioner.

(c) A reply, if any, shall be filed by the petitioner within 30 days after being served with a copy of the respondent's response. If a de novo proceeding is required as provided in subsection (b) of Code Section 5-3-5 , the petitioner's reply shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the petitioner.

(d) A party may amend a petition for review, response, or reply under this chapter as a matter of course and without leave of the reviewing court at any time before the entry of a pretrial order or before a hearing on the merits is held by the reviewing court, whichever shall first occur. Thereafter, a party may amend a petition for review, response, or reply only by leave of the reviewing court or by written consent of each adverse party. Such leave shall be freely given by the reviewing court if justice so requires.

(d) A party may amend a petition for review, response, or reply under this chapter as a matter of course and without leave of the reviewing court at any time before the entry of a pretrial order or before a hearing on the merits is held by the reviewing court, whichever shall first occur. Thereafter, a party may amend a petition for review, response, or reply only by leave of the reviewing court or by written consent of each adverse party. Such leave shall be freely given by the reviewing court if justice so requires.

(e) A party shall serve a copy of any pleading filed with the reviewing court on all parties to the proceeding.

(e) A party shall serve a copy of any pleading filed with the reviewing court on all parties to the proceeding.
O.C.G.A. § 5-6-46 — GA Code / Title 5 / Chapter 6 / Section 5-6-46
Georgia Code Title 5. Appeal and Error § 5-6-46
Status: in_force

(a) In civil cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond or other form of security be filed; provided, however, that upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court shall require that supersedeas bond or other form of security be given with such surety and in such amount as the court may require, conditioned for the satisfaction of the judgment in full, together with costs, interest, and damages for delay if the appeal is found to be frivolous. When the judgment is for the recovery of money not otherwise secured, the amount of the bond or other form of security shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a lesser amount. When the judgment determines the disposition of the property in controversy as in real actions, trover, and actions to foreclose mortgages and other security instruments, or when such property is in the custody of the sheriff or other levying officer, or when the proceeds of such property or a bond for its value are in the custody or control of the court, the amount of the supersedeas bond or other form of security shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay.

(a) In civil cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond or other form of security be filed; provided, however, that upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court shall require that supersedeas bond or other form of security be given with such surety and in such amount as the court may require, conditioned for the satisfaction of the judgment in full, together with costs, interest, and damages for delay if the appeal is found to be frivolous. When the judgment is for the recovery of money not otherwise secured, the amount of the bond or other form of security shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a lesser amount. When the judgment determines the disposition of the property in controversy as in real actions, trover, and actions to foreclose mortgages and other security instruments, or when such property is in the custody of the sheriff or other levying officer, or when the proceeds of such property or a bond for its value are in the custody or control of the court, the amount of the supersedeas bond or other form of security shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay.

(b) Notwithstanding subsection (a) of this Code section, in any civil case under any legal theory, including cases involving individual, aggregated, class-action, or otherwise joined claims, the amount of supersedeas bond or other form of security to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief or damages, including compensatory, special, punitive, exemplary, or other damages, in order to stay execution of the judgment during the entire course of appellate review by any court shall be set in accordance with applicable laws or court rules, but the total supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $25 million regardless of the value of the judgment.

(b) Notwithstanding subsection (a) of this Code section, in any civil case under any legal theory, including cases involving individual, aggregated, class-action, or otherwise joined claims, the amount of supersedeas bond or other form of security to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief or damages, including compensatory, special, punitive, exemplary, or other damages, in order to stay execution of the judgment during the entire course of appellate review by any court shall be set in accordance with applicable laws or court rules, but the total supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $25 million regardless of the value of the judgment.

(c) If supersedeas bond or other form of security is not filed within the time specified by the judge, or if the bond or other form of security filed is found insufficient, a bond or other form of security may be filed at such time as may be fixed by the trial court.

(c) If supersedeas bond or other form of security is not filed within the time specified by the judge, or if the bond or other form of security filed is found insufficient, a bond or other form of security may be filed at such time as may be fixed by the trial court.

(d) By entering into an appeal or supersedeas bond or other form of security given pursuant to this Code section, the surety submits himself or herself to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served. The surety's liability may be enforced on motion without the necessity of notice or an independent action.

(d) By entering into an appeal or supersedeas bond or other form of security given pursuant to this Code section, the surety submits himself or herself to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served. The surety's liability may be enforced on motion without the necessity of notice or an independent action.

(e) Nothing in this Code section shall deprive the superior courts of their separate power to grant supersedeas under paragraph (1) of Code Section 15-6-9 nor deprive the appellate courts of the power to grant supersedeas in such manner as they may determine to meet the ends of justice.

(e) Nothing in this Code section shall deprive the superior courts of their separate power to grant supersedeas under paragraph (1) of Code Section 15-6-9 nor deprive the appellate courts of the power to grant supersedeas in such manner as they may determine to meet the ends of justice.

(f) If an appellee proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond or other form of security has been limited pursuant to subsection (b) of this Code section, is dissipating or secreting its assets, or diverting assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a bond or other form of security in an amount not to exceed the total amount of the judgment.

(f) If an appellee proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond or other form of security has been limited pursuant to subsection (b) of this Code section, is dissipating or secreting its assets, or diverting assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a bond or other form of security in an amount not to exceed the total amount of the judgment.
O.C.G.A. § 5-3-12 — GA Code / Title 5 / Chapter 3 / Section 5-3-12
Georgia Code Title 5. Appeal and Error § 5-3-12
Status: in_force

(a) Except for a final decision on the merits, a reviewing court shall not dismiss a petition for review unless the reviewing court finds one or more of the following: (1) The petition for review was not filed within the time prescribed or extended; (2) The reviewing court lacks jurisdiction; (3) The question presented by the petitioner is moot; (4) The absence of a justiciable controversy; (5) The failure of a petitioner to prosecute; or (6) The failure of a petitioner to comply with the provisions of this chapter or any court rule or order.

(a) Except for a final decision on the merits, a reviewing court shall not dismiss a petition for review unless the reviewing court finds one or more of the following:

(1) The petition for review was not filed within the time prescribed or extended;

(1) The petition for review was not filed within the time prescribed or extended;

(2) The reviewing court lacks jurisdiction;

(2) The reviewing court lacks jurisdiction;

(3) The question presented by the petitioner is moot;

(3) The question presented by the petitioner is moot;

(4) The absence of a justiciable controversy;

(4) The absence of a justiciable controversy;

(5) The failure of a petitioner to prosecute; or

(5) The failure of a petitioner to prosecute; or

(6) The failure of a petitioner to comply with the provisions of this chapter or any court rule or order.

(6) The failure of a petitioner to comply with the provisions of this chapter or any court rule or order.

(b) The reviewing court shall not immediately dismiss a petition for review because of any defect in the petition for review, bond, or affidavit of indigence, or because of the failure of the lower judicatory to transmit any document.

(b) The reviewing court shall not immediately dismiss a petition for review because of any defect in the petition for review, bond, or affidavit of indigence, or because of the failure of the lower judicatory to transmit any document.

(c) The reviewing court shall give the petitioner a reasonable opportunity to amend a petition for review, bond, or affidavit of indigence for the purpose of curing any defect. The reviewing court may impose such filing deadlines for amendments under this subsection as may be necessary to permit a just and expeditious review of a petition for review.

(c) The reviewing court shall give the petitioner a reasonable opportunity to amend a petition for review, bond, or affidavit of indigence for the purpose of curing any defect. The reviewing court may impose such filing deadlines for amendments under this subsection as may be necessary to permit a just and expeditious review of a petition for review.

(d) The reviewing court shall not immediately dismiss a petition for review for failure to perfect service on any party if the party obligated to perfect service shows due diligence in attempting to timely perfect service.

(d) The reviewing court shall not immediately dismiss a petition for review for failure to perfect service on any party if the party obligated to perfect service shows due diligence in attempting to timely perfect service.
O.C.G.A. § 5-6-13 — GA Code / Title 5 / Chapter 6 / Section 5-6-13
Georgia Code Title 5. Appeal and Error § 5-6-13
Status: in_force

(a) A judge of any trial court or tribunal having the power to adjudge and punish for contempt shall grant to any person convicted of or adjudged to be in contempt of court a supersedeas upon application and compliance with the provisions of law as to appeal and certiorari, where the person also submits, within the time prescribed by law, written notice that he intends to seek review of the conviction or adjudication of contempt. It shall not be in the discretion of any trial court judge to grant or refuse a supersedeas in cases of contempt.

(a) A judge of any trial court or tribunal having the power to adjudge and punish for contempt shall grant to any person convicted of or adjudged to be in contempt of court a supersedeas upon application and compliance with the provisions of law as to appeal and certiorari, where the person also submits, within the time prescribed by law, written notice that he intends to seek review of the conviction or adjudication of contempt. It shall not be in the discretion of any trial court judge to grant or refuse a supersedeas in cases of contempt.

(b) This Code section shall not apply to contempt in the presence of the court during the progress of a proceeding.

(b) This Code section shall not apply to contempt in the presence of the court during the progress of a proceeding.
O.C.G.A. § 5-6-6 — GA Code / Title 5 / Chapter 6 / Section 5-6-6
Georgia Code Title 5. Appeal and Error § 5-6-6
Status: in_force

When in the opinion of the court the case was taken up for delay only, 10 percent damages may be awarded by the appellate court upon any judgment for a sum certain which has been affirmed. The award shall be entered in the remittitur.
O.C.G.A. § 5-5-48 — GA Code / Title 5 / Chapter 5 / Section 5-5-48
Georgia Code Title 5. Appeal and Error § 5-5-48
Status: in_force

When a new trial has been granted by the court, the case shall be placed on the docket for trial as though no trial had been had, subject to the rules for continuances provided in this Code.
O.C.G.A. § 5-7-5 — GA Code / Title 5 / Chapter 7 / Section 5-7-5
Georgia Code Title 5. Appeal and Error § 5-7-5
Status: in_force

In the event the state files an appeal as authorized in this chapter, the accused shall be entitled to be released on reasonable bail pending the disposition of the appeal, except in those cases punishable by death. The amount of the bail, to be set by the court, shall be reviewable on direct application by the court to which the appeal is taken.
O.C.G.A. § 5-3-14 — GA Code / Title 5 / Chapter 3 / Section 5-3-14
Georgia Code Title 5. Appeal and Error § 5-3-14
Status: in_force

(a) In civil cases and misdemeanor criminal cases, a lower judicatory may require the audio or video recording, reporting, or transcribing of the evidence and proceedings in the lower judicatory on terms prescribed by the lower judicatory.

(a) In civil cases and misdemeanor criminal cases, a lower judicatory may require the audio or video recording, reporting, or transcribing of the evidence and proceedings in the lower judicatory on terms prescribed by the lower judicatory.

(b) Except as provided in subsection (c) of this Code section, in civil cases where a transcript of the evidence and proceedings in the lower judicatory has not been prepared and a transcript is necessary to conduct a review under this chapter, the petitioner shall prepare a transcript at the petitioner's expense from recollection or otherwise only if the petitioner is financially able to pay the costs of transcribing.

(b) Except as provided in subsection (c) of this Code section, in civil cases where a transcript of the evidence and proceedings in the lower judicatory has not been prepared and a transcript is necessary to conduct a review under this chapter, the petitioner shall prepare a transcript at the petitioner's expense from recollection or otherwise only if the petitioner is financially able to pay the costs of transcribing.

(c) In civil cases, a lower judicatory may require the parties to share the cost of reporting or transcribing the evidence and proceedings in the lower judicatory; provided, however, that a lower judicatory shall not require a party to share such costs if that party is financially unable to pay. If the lower judicatory determines that any or all of the parties are financially unable to pay such costs, the lower judicatory, in its discretion, may authorize the trial of the case to go unreported.

(c) In civil cases, a lower judicatory may require the parties to share the cost of reporting or transcribing the evidence and proceedings in the lower judicatory; provided, however, that a lower judicatory shall not require a party to share such costs if that party is financially unable to pay. If the lower judicatory determines that any or all of the parties are financially unable to pay such costs, the lower judicatory, in its discretion, may authorize the trial of the case to go unreported.

(d) Any party shall have the right to have any criminal or civil case in a lower judicatory reported or transcribed at the party's own expense.

(d) Any party shall have the right to have any criminal or civil case in a lower judicatory reported or transcribed at the party's own expense.

(e) If a proceeding in a lower judicatory is reported, the court reporter shall report and transcribe all: (1) Motions; (2) Colloquies; (3) Objections; (4) Rulings; (5) Evidence, whether admitted or stricken on objection or otherwise; (6) Copies or summaries of all documentary evidence; (7) The charge of the court; and (8) Other proceedings before the court.

(e) If a proceeding in a lower judicatory is reported, the court reporter shall report and transcribe all:

(1) Motions;

(1) Motions;

(2) Colloquies;

(2) Colloquies;

(3) Objections;

(3) Objections;

(4) Rulings;

(4) Rulings;

(5) Evidence, whether admitted or stricken on objection or otherwise;

(5) Evidence, whether admitted or stricken on objection or otherwise;

(6) Copies or summaries of all documentary evidence;

(6) Copies or summaries of all documentary evidence;

(7) The charge of the court; and

(7) The charge of the court; and

(8) Other proceedings before the court.

(8) Other proceedings before the court.

(f) If a proceeding in a lower judicatory is reported, the lower judicatory shall ensure that all matters listed in subsection (e) of this Code section are included in any transcript or record transferred to the reviewing court.

(f) If a proceeding in a lower judicatory is reported, the lower judicatory shall ensure that all matters listed in subsection (e) of this Code section are included in any transcript or record transferred to the reviewing court.

(g) If matters in a lower judicatory are not reported, such as objections to oral argument, misconduct of the jury, or other like instances, and a party requests a transcript of such matters, the lower judicatory shall order a transcript be prepared from recollection or otherwise and included as a part of the record transferred to the reviewing court.

(g) If matters in a lower judicatory are not reported, such as objections to oral argument, misconduct of the jury, or other like instances, and a party requests a transcript of such matters, the lower judicatory shall order a transcript be prepared from recollection or otherwise and included as a part of the record transferred to the reviewing court.

(h) A transcript of the proceedings in a lower judicatory shall not be reduced to narrative form unless all parties agree; but if the transcript of the evidence and proceedings is not available and the transcript is prepared from recollection, such a transcript may be prepared in narrative form.

(h) A transcript of the proceedings in a lower judicatory shall not be reduced to narrative form unless all parties agree; but if the transcript of the evidence and proceedings is not available and the transcript is prepared from recollection, such a transcript may be prepared in narrative form.

(i) If a court reporter transcribes the evidence and proceedings in the lower judicatory, the court reporter shall complete the transcript and file the original and one copy of the transcript with the clerk of the lower judicatory along with the court reporter's certificate attesting to its correctness. Upon filing of the transcript by the court reporter, the transcript shall become part of the record.

(i) If a court reporter transcribes the evidence and proceedings in the lower judicatory, the court reporter shall complete the transcript and file the original and one copy of the transcript with the clerk of the lower judicatory along with the court reporter's certificate attesting to its correctness. Upon filing of the transcript by the court reporter, the transcript shall become part of the record.

(j) The clerk of the lower judicatory shall ensure that a true copy of the transcript of the evidence and proceedings in the lower judicatory is included in the record transmitted to the reviewing court under this chapter.

(j) The clerk of the lower judicatory shall ensure that a true copy of the transcript of the evidence and proceedings in the lower judicatory is included in the record transmitted to the reviewing court under this chapter.

(k) If the parties cannot agree regarding whether the transcript or record truly or fully discloses what transpired in the proceedings in the lower judicatory, the lower judicatory shall schedule a hearing with notice to all parties to resolve the dispute and conform the record to the truth.

(k) If the parties cannot agree regarding whether the transcript or record truly or fully discloses what transpired in the proceedings in the lower judicatory, the lower judicatory shall schedule a hearing with notice to all parties to resolve the dispute and conform the record to the truth.

(l) A transcript of evidence and proceedings that is prepared from recollection with an attached statement that all parties agree to its contents shall carry the same authority as a transcript prepared by a court reporter; but if the parties cannot agree regarding the correctness of a transcript prepared from recollection, the lower judicatory shall decide whether it is correct. If the lower judicatory is unable to recall what transpired in the case under review, the lower judicatory shall issue a decision stating that fact. The lower judicatory's decision under this subsection is final and not subject to review.

(l) A transcript of evidence and proceedings that is prepared from recollection with an attached statement that all parties agree to its contents shall carry the same authority as a transcript prepared by a court reporter; but if the parties cannot agree regarding the correctness of a transcript prepared from recollection, the lower judicatory shall decide whether it is correct. If the lower judicatory is unable to recall what transpired in the case under review, the lower judicatory shall issue a decision stating that fact. The lower judicatory's decision under this subsection is final and not subject to review.

(m) If anything material to any party is omitted from or misstated in the record under review, the parties may stipulate, or the lower judicatory may direct, that the omission or misstatement be corrected before or after the record is transmitted to the reviewing court. The clerk of the lower judicatory shall promptly transmit to the reviewing court any correction of the record made after the record is transmitted to the reviewing court.

(m) If anything material to any party is omitted from or misstated in the record under review, the parties may stipulate, or the lower judicatory may direct, that the omission or misstatement be corrected before or after the record is transmitted to the reviewing court. The clerk of the lower judicatory shall promptly transmit to the reviewing court any correction of the record made after the record is transmitted to the reviewing court.

(n) The lower judicatory may transmit a supplemental record to the reviewing court.

(n) The lower judicatory may transmit a supplemental record to the reviewing court.

(o) The lower judicatory or the reviewing court may order the clerk of the lower judicatory to send up any original documents, exhibits, or other items in the case under review. The reviewing court shall return such original documents, exhibits, or other items to the lower judicatory after the final disposition of the case under review.

(o) The lower judicatory or the reviewing court may order the clerk of the lower judicatory to send up any original documents, exhibits, or other items in the case under review. The reviewing court shall return such original documents, exhibits, or other items to the lower judicatory after the final disposition of the case under review.

(p) If a lower judicatory does not allow a party to file a document for inclusion in the record for a petition for review, such party may file the document in the reviewing court with an attached notation of the lower judicatory's disallowance. In such case, the document shall become part of the record under review.

(p) If a lower judicatory does not allow a party to file a document for inclusion in the record for a petition for review, such party may file the document in the reviewing court with an attached notation of the lower judicatory's disallowance. In such case, the document shall become part of the record under review.

(q) If all parties agree, in lieu of a transcript of the evidence and proceedings in the lower judicatory, they may file in the lower judicatory a stipulation of the case showing how the question under review arose and was decided along with a statement of facts. In such cases, the parties shall provide sufficient information in the stipulation and statement of facts to enable the reviewing court to conduct a review. Such stipulation and statement of facts must be approved by the lower judicatory prior to transmission to the reviewing court as part of the record.

(q) If all parties agree, in lieu of a transcript of the evidence and proceedings in the lower judicatory, they may file in the lower judicatory a stipulation of the case showing how the question under review arose and was decided along with a statement of facts. In such cases, the parties shall provide sufficient information in the stipulation and statement of facts to enable the reviewing court to conduct a review. Such stipulation and statement of facts must be approved by the lower judicatory prior to transmission to the reviewing court as part of the record.
O.C.G.A. § 5-6-3 — GA Code / Title 5 / Chapter 6 / Section 5-6-3
Georgia Code Title 5. Appeal and Error § 5-6-3
Status: in_force

(a) Whenever the appellate court may be unable to dispose of all cases on its docket for any term before the time fixed by law for the succeeding term to begin, the court may pass an order requiring counsel in all such cases to file their briefs in the clerk's office of the court on or before a certain day prior to the succeeding term. All cases in which briefs are thus filed shall be considered as heard at the term of the court to which returned. They shall be determined and the decision therein shall be announced by the court as soon after the briefs are filed as may be practicable. Should the court desire to hear argument in addition to that submitted in the briefs, the court may pass an order requiring counsel to submit further argument by brief or in open court at such time as may be prescribed in the order.

(a) Whenever the appellate court may be unable to dispose of all cases on its docket for any term before the time fixed by law for the succeeding term to begin, the court may pass an order requiring counsel in all such cases to file their briefs in the clerk's office of the court on or before a certain day prior to the succeeding term. All cases in which briefs are thus filed shall be considered as heard at the term of the court to which returned. They shall be determined and the decision therein shall be announced by the court as soon after the briefs are filed as may be practicable. Should the court desire to hear argument in addition to that submitted in the briefs, the court may pass an order requiring counsel to submit further argument by brief or in open court at such time as may be prescribed in the order.

(b) Upon failure of counsel for the appellant to comply with the order of the court, where no sufficient excuse is shown for noncompliance, the case shall be dismissed for want of prosecution.

(b) Upon failure of counsel for the appellant to comply with the order of the court, where no sufficient excuse is shown for noncompliance, the case shall be dismissed for want of prosecution.
O.C.G.A. § 5-6-36 — GA Code / Title 5 / Chapter 6 / Section 5-6-36
Georgia Code Title 5. Appeal and Error § 5-6-36
Status: in_force

(a) A motion for new trial need not be filed as a condition precedent to appeal or consideration of any judgment, ruling, or order in any case; but, in all cases where a motion for new trial is an available remedy, the party entitled thereto may elect to file the motion first or to appeal directly. However, where matters complained of arise or are discovered subsequent to verdict or judgment which otherwise would not appear in the record, such as newly discovered evidence, and in other like instances, a motion for new trial or other available procedure shall be filed and together with all proceedings thereon shall become a part of the record on appeal. Otherwise, the motion for new trial need not be transmitted as a part of the record on appeal; nor shall it be necessary that the overruling thereof be enumerated as error (subject to the exception last stated), as the appellate court may consider all questions included in the enumeration of errors provided for in Code Section 5-6-40 . The entry of judgment on a verdict by the trial court constitutes an adjudication by the trial court as to the sufficiency of the evidence to sustain the verdict, affording a basis for review on appeal without further ruling by the trial court.

(a) A motion for new trial need not be filed as a condition precedent to appeal or consideration of any judgment, ruling, or order in any case; but, in all cases where a motion for new trial is an available remedy, the party entitled thereto may elect to file the motion first or to appeal directly. However, where matters complained of arise or are discovered subsequent to verdict or judgment which otherwise would not appear in the record, such as newly discovered evidence, and in other like instances, a motion for new trial or other available procedure shall be filed and together with all proceedings thereon shall become a part of the record on appeal. Otherwise, the motion for new trial need not be transmitted as a part of the record on appeal; nor shall it be necessary that the overruling thereof be enumerated as error (subject to the exception last stated), as the appellate court may consider all questions included in the enumeration of errors provided for in Code Section 5-6-40 . The entry of judgment on a verdict by the trial court constitutes an adjudication by the trial court as to the sufficiency of the evidence to sustain the verdict, affording a basis for review on appeal without further ruling by the trial court.

(b) A motion for judgment notwithstanding the verdict need not be filed as a condition precedent to review upon appeal of an order or ruling of the trial court overruling a motion for directed verdict; but, in all cases where the motion is an available remedy, the party may file the motion or appeal directly from the final judgment and enumerate as error the overruling of the motion for directed verdict.

(b) A motion for judgment notwithstanding the verdict need not be filed as a condition precedent to review upon appeal of an order or ruling of the trial court overruling a motion for directed verdict; but, in all cases where the motion is an available remedy, the party may file the motion or appeal directly from the final judgment and enumerate as error the overruling of the motion for directed verdict.
O.C.G.A. § 5-3-2 — GA Code / Title 5 / Chapter 3 / Section 5-3-2
Georgia Code Title 5. Appeal and Error § 5-3-2
Status: in_force

(a) The General Assembly finds that many appeals from a lower judicatory to a superior or state court result in dismissal on complex procedural grounds and not a decision on the merits.

(a) The General Assembly finds that many appeals from a lower judicatory to a superior or state court result in dismissal on complex procedural grounds and not a decision on the merits.

(b) It is the intent of the General Assembly in enacting this chapter to: (1) Provide a single, modern, and uniform procedure called a “petition for review” for appealing a decision made by a lower judicatory to a superior or state court, as authorized by the laws and the Constitution of this state; (2) Increase access to justice through the greater resolution of appeals on the basis of substantive issues rather than on complex procedural grounds; and (3) Retain the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.

(b) It is the intent of the General Assembly in enacting this chapter to:

(1) Provide a single, modern, and uniform procedure called a “petition for review” for appealing a decision made by a lower judicatory to a superior or state court, as authorized by the laws and the Constitution of this state;

(1) Provide a single, modern, and uniform procedure called a “petition for review” for appealing a decision made by a lower judicatory to a superior or state court, as authorized by the laws and the Constitution of this state;

(2) Increase access to justice through the greater resolution of appeals on the basis of substantive issues rather than on complex procedural grounds; and

(2) Increase access to justice through the greater resolution of appeals on the basis of substantive issues rather than on complex procedural grounds; and

(3) Retain the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.

(3) Retain the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.

(c) Consistent with the laws and the Constitutions of Georgia and the United States, the courts shall: (1) Construe the provisions of this chapter broadly so as to render decisions based on the merits of each case and avoid dismissal of any case or refusal to consider any points raised therein unless such dismissal or refusal is expressly required by statute; (2) Construe any petition for review filed under this chapter according to its substance, merit, and function and not merely its style, form, or title; and (3) Not construe this chapter to expand the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.

(c) Consistent with the laws and the Constitutions of Georgia and the United States, the courts shall:

(1) Construe the provisions of this chapter broadly so as to render decisions based on the merits of each case and avoid dismissal of any case or refusal to consider any points raised therein unless such dismissal or refusal is expressly required by statute;

(1) Construe the provisions of this chapter broadly so as to render decisions based on the merits of each case and avoid dismissal of any case or refusal to consider any points raised therein unless such dismissal or refusal is expressly required by statute;

(2) Construe any petition for review filed under this chapter according to its substance, merit, and function and not merely its style, form, or title; and

(2) Construe any petition for review filed under this chapter according to its substance, merit, and function and not merely its style, form, or title; and

(3) Not construe this chapter to expand the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.

(3) Not construe this chapter to expand the limited appellate jurisdiction of state courts prescribed in the Constitution of Georgia and Code sections outside of this chapter.
O.C.G.A. § 5-6-12 — GA Code / Title 5 / Chapter 6 / Section 5-6-12
Georgia Code Title 5. Appeal and Error § 5-6-12
Status: in_force

If the judgment of the lower court is affirmed, upon the filing of the remittitur with the clerk of the court below, the supersedeas shall cease and execution shall issue at once for the amount of the original judgment.
O.C.G.A. § 5-6-15 — GA Code / Title 5 / Chapter 6 / Section 5-6-15
Georgia Code Title 5. Appeal and Error § 5-6-15
Status: in_force

The writ of certiorari shall lie from the Supreme Court to the Court of Appeals as provided by Article VI, Section VI, Paragraph V of the Constitution of this state.
O.C.G.A. § 5-3-13 — GA Code / Title 5 / Chapter 3 / Section 5-3-13
Georgia Code Title 5. Appeal and Error § 5-3-13
Status: in_force

(a) A petitioner shall file a petition for review in the superior or state court where venue and jurisdiction are proper as prescribed by the laws and the Constitution of this state.

(a) A petitioner shall file a petition for review in the superior or state court where venue and jurisdiction are proper as prescribed by the laws and the Constitution of this state.

(b) Upon a finding by a lower judicatory, a reviewing court, the Court of Appeals, or the Supreme Court that venue is improper or jurisdiction is lacking for any petition for review, the clerk of the applicable court shall promptly transfer a petition for review to a court where venue and jurisdiction are proper in accordance with the rules and procedures applicable to the transferring court.

(b) Upon a finding by a lower judicatory, a reviewing court, the Court of Appeals, or the Supreme Court that venue is improper or jurisdiction is lacking for any petition for review, the clerk of the applicable court shall promptly transfer a petition for review to a court where venue and jurisdiction are proper in accordance with the rules and procedures applicable to the transferring court.
O.C.G.A. § 5-6-1 — GA Code / Title 5 / Chapter 6 / Section 5-6-1
Georgia Code Title 5. Appeal and Error § 5-6-1
Status: in_force

When a case is set for a hearing before the Supreme Court or the Court of Appeals and there are parties besides the plaintiffs and defendants, whether shown by the record or not, who have a direct interest in its result, upon the interest being made to appear the court shall allow the other parties to appear by counsel on equal terms with the parties directly before the court.
O.C.G.A. § 5-3-1 — GA Code / Title 5 / Chapter 3 / Section 5-3-1
Georgia Code Title 5. Appeal and Error § 5-3-1
Status: in_force

This chapter shall be known and may be cited as the “Superior and State Court Appellate Practice Act.”
O.C.G.A. § 5-5-49 — GA Code / Title 5 / Chapter 5 / Section 5-5-49
Georgia Code Title 5. Appeal and Error § 5-5-49
Status: in_force

(a) A case decided by the Supreme Court or Court of Appeals which is not finally disposed of by the decision shall stand for further hearing at the term next ensuing after the decision by the appellate court unless the lower court is in session when the decision is made, in which event it shall stand for trial during such term of the lower court.

(a) A case decided by the Supreme Court or Court of Appeals which is not finally disposed of by the decision shall stand for further hearing at the term next ensuing after the decision by the appellate court unless the lower court is in session when the decision is made, in which event it shall stand for trial during such term of the lower court.

(b) The clerk of the lower court, upon receipt of the remittitur of the appellate court, shall docket the case for trial in accordance with subsection (a) of this Code section.

(b) The clerk of the lower court, upon receipt of the remittitur of the appellate court, shall docket the case for trial in accordance with subsection (a) of this Code section.

(c) The judge presiding may in his discretion postpone the hearing of any such case to a day in the term as to him may seem reasonable; or, if necessary to give proper time for preparation, he may continue the case until the next term of the court.

(c) The judge presiding may in his discretion postpone the hearing of any such case to a day in the term as to him may seem reasonable; or, if necessary to give proper time for preparation, he may continue the case until the next term of the court.
O.C.G.A. § 5-3-15 — GA Code / Title 5 / Chapter 3 / Section 5-3-15
Georgia Code Title 5. Appeal and Error § 5-3-15
Status: in_force

(a) Upon being served with a copy of the petition for review and unless otherwise ordered by the reviewing court, the clerk of the lower judicatory shall retain the original of the corresponding record and transmit a true copy of the record to the reviewing court within 30 days, or within fewer days if otherwise required by law, after the copy of the petition for review is served on the clerk of the lower judicatory.

(a) Upon being served with a copy of the petition for review and unless otherwise ordered by the reviewing court, the clerk of the lower judicatory shall retain the original of the corresponding record and transmit a true copy of the record to the reviewing court within 30 days, or within fewer days if otherwise required by law, after the copy of the petition for review is served on the clerk of the lower judicatory.

(b) If known or reasonably believed to be the case, the clerk in the lower judicatory shall notify the reviewing court if a petitioner in a criminal case is confined in jail or otherwise incarcerated at the time the record is transmitted from the lower judicatory. Such notice shall accompany the record transmitted from the lower judicatory.

(b) If known or reasonably believed to be the case, the clerk in the lower judicatory shall notify the reviewing court if a petitioner in a criminal case is confined in jail or otherwise incarcerated at the time the record is transmitted from the lower judicatory. Such notice shall accompany the record transmitted from the lower judicatory.

(c) If no record is available for transmission to the reviewing court, the clerk of the lower judicatory shall notify the lower judicatory accordingly so that further action may be taken pursuant to this chapter.

(c) If no record is available for transmission to the reviewing court, the clerk of the lower judicatory shall notify the lower judicatory accordingly so that further action may be taken pursuant to this chapter.

(d) If the clerk of the lower judicatory does not transmit the record to the reviewing court within 30 days after being served with a copy of the petition for review, the petitioner shall notify the reviewing court, which then shall order the clerk of the lower judicatory to promptly transmit the record or state the reason for the delay.

(d) If the clerk of the lower judicatory does not transmit the record to the reviewing court within 30 days after being served with a copy of the petition for review, the petitioner shall notify the reviewing court, which then shall order the clerk of the lower judicatory to promptly transmit the record or state the reason for the delay.
O.C.G.A. § 5-7-6 — GA Code / Title 5 / Chapter 7 / Section 5-7-6
Georgia Code Title 5. Appeal and Error § 5-7-6
Status: in_force

This chapter shall be liberally construed to effectuate the purposes stated in this chapter.
O.C.G.A. § 5-7-4 — GA Code / Title 5 / Chapter 7 / Section 5-7-4
Georgia Code Title 5. Appeal and Error § 5-7-4
Status: in_force

An appeal by the state, except as otherwise provided for in this chapter, and certiorari by the state, when authorized by this chapter, shall be governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases.
O.C.G.A. § 5-6-33 — GA Code / Title 5 / Chapter 6 / Section 5-6-33
Georgia Code Title 5. Appeal and Error § 5-6-33
Status: in_force

(a)(1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, or in the Georgia State-wide Business Court, may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers. (2) Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.

(a)(1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, or in the Georgia State-wide Business Court, may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.

(a)(1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, or in the Georgia State-wide Business Court, may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.

(2) Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.

(2) Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.

(b) This Code section shall not affect Chapter 7 of this title.

(b) This Code section shall not affect Chapter 7 of this title.
O.C.G.A. § 5-5-1 — GA Code / Title 5 / Chapter 5 / Section 5-5-1
Georgia Code Title 5. Appeal and Error § 5-5-1
Status: in_force

(a) The superior, state, and juvenile courts, the Georgia State-wide Business Court, and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.

(a) The superior, state, and juvenile courts, the Georgia State-wide Business Court, and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.

(b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts.

(b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts.
O.C.G.A. § 5-6-50 — GA Code / Title 5 / Chapter 6 / Section 5-6-50
Georgia Code Title 5. Appeal and Error § 5-6-50
Status: in_force

The procedure provided in this article shall serve all purposes which a bill of exceptions or writ of error has served in the past; and, where under any law of force in this state provision is made for the taking of writs of error or bills of exception, the procedure prescribed in this article shall be deemed to apply in lieu thereof as to the procedure and as to all time requirements.
O.C.G.A. § 5-3-20 — GA Code / Title 5 / Chapter 3 / Section 5-3-20
Georgia Code Title 5. Appeal and Error § 5-3-20
Status: in_force

Reasonable and necessary attorney's fees and expenses of litigation may be assessed for frivolous actions or defenses in a petition for review as provided in Code Section 9-15-14 .
O.C.G.A. § 5-3-18 — GA Code / Title 5 / Chapter 3 / Section 5-3-18
Georgia Code Title 5. Appeal and Error § 5-3-18
Status: in_force

(a)(1) After a petition for review is reviewed under this chapter, the reviewing court shall render a final decision: (A) Entering a judgment upon the petition for review; (B) Ordering dismissal of the petition for review; (C) Remanding a petition for review back to the lower judicatory with instructions; or (D) A combination thereof. (2) If the final decision rendered pursuant to this Code section is a judgment upon the petition for review, it shall be in writing and specify whether the reviewing court is affirming, reversing, or vacating the final judgment of the lower judicatory. (3) If the final decision rendered pursuant to this Code section remands the petition for review back to the lower judicatory, it shall provide instructions to the lower judicatory for further proceedings.

(a)(1) After a petition for review is reviewed under this chapter, the reviewing court shall render a final decision: (A) Entering a judgment upon the petition for review; (B) Ordering dismissal of the petition for review; (C) Remanding a petition for review back to the lower judicatory with instructions; or (D) A combination thereof.

(a)(1) After a petition for review is reviewed under this chapter, the reviewing court shall render a final decision:

(A) Entering a judgment upon the petition for review;

(A) Entering a judgment upon the petition for review;

(B) Ordering dismissal of the petition for review;

(B) Ordering dismissal of the petition for review;

(C) Remanding a petition for review back to the lower judicatory with instructions; or

(C) Remanding a petition for review back to the lower judicatory with instructions; or

(D) A combination thereof.

(D) A combination thereof.

(2) If the final decision rendered pursuant to this Code section is a judgment upon the petition for review, it shall be in writing and specify whether the reviewing court is affirming, reversing, or vacating the final judgment of the lower judicatory.

(2) If the final decision rendered pursuant to this Code section is a judgment upon the petition for review, it shall be in writing and specify whether the reviewing court is affirming, reversing, or vacating the final judgment of the lower judicatory.

(3) If the final decision rendered pursuant to this Code section remands the petition for review back to the lower judicatory, it shall provide instructions to the lower judicatory for further proceedings.

(3) If the final decision rendered pursuant to this Code section remands the petition for review back to the lower judicatory, it shall provide instructions to the lower judicatory for further proceedings.

(b) The clerk of the reviewing court shall serve a copy of the reviewing court's final decision regarding a petition for review on the clerk of the lower judicatory and on all parties named in the petition for review within five days after the date such decision was rendered. The clerk of the lower judicatory shall promptly notify each judge, official, or member of the lower judicatory who rendered the final judgment appealed of any final decision served on the clerk of the lower judicatory. If the lower judicatory does not have a clerk, then the clerk of the reviewing court shall serve a copy of the reviewing court's final decision on each judge, official, or member of the lower judicatory who rendered the final judgment appealed.

(b) The clerk of the reviewing court shall serve a copy of the reviewing court's final decision regarding a petition for review on the clerk of the lower judicatory and on all parties named in the petition for review within five days after the date such decision was rendered. The clerk of the lower judicatory shall promptly notify each judge, official, or member of the lower judicatory who rendered the final judgment appealed of any final decision served on the clerk of the lower judicatory. If the lower judicatory does not have a clerk, then the clerk of the reviewing court shall serve a copy of the reviewing court's final decision on each judge, official, or member of the lower judicatory who rendered the final judgment appealed.

(c) A final decision by the reviewing court under this chapter may be appealed to the appropriate appellate court as prescribed by law.

(c) A final decision by the reviewing court under this chapter may be appealed to the appropriate appellate court as prescribed by law.
O.C.G.A. § 5-5-50 — GA Code / Title 5 / Chapter 5 / Section 5-5-50
Georgia Code Title 5. Appeal and Error § 5-5-50
Status: in_force

The first grant of a new trial shall not be disturbed by an appellate court unless the appellant shows that the judge abused his discretion in granting it and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.
O.C.G.A. § 5-5-25 — GA Code / Title 5 / Chapter 5 / Section 5-5-25
Georgia Code Title 5. Appeal and Error § 5-5-25
Status: in_force

In all motions for a new trial on other grounds not provided for in this Code, the presiding judge must exercise a sound legal discretion in granting or refusing the same according to the provisions of the common law and practice of the courts.
O.C.G.A. § 5-6-9 — GA Code / Title 5 / Chapter 6 / Section 5-6-9
Georgia Code Title 5. Appeal and Error § 5-6-9
Status: in_force

(a) Where a further hearing of the case is to follow in the lower court, the clerk of the appellate court shall transmit a copy of the opinion to the clerk of the lower court, without charge, as soon as the opinion is written out. The copy shall remain on file for the information of the court and the parties.

(a) Where a further hearing of the case is to follow in the lower court, the clerk of the appellate court shall transmit a copy of the opinion to the clerk of the lower court, without charge, as soon as the opinion is written out. The copy shall remain on file for the information of the court and the parties.

(b) The appellate court, on rendering its decision in any case, shall instruct the clerk whether the case comes within the terms of this Code section; and a note of such instructions shall be entered on the minutes of the court.

(b) The appellate court, on rendering its decision in any case, shall instruct the clerk whether the case comes within the terms of this Code section; and a note of such instructions shall be entered on the minutes of the court.
O.C.G.A. § 5-6-2 — GA Code / Title 5 / Chapter 6 / Section 5-6-2
Georgia Code Title 5. Appeal and Error § 5-6-2
Status: in_force

The transcript of the record shall not be recorded by the clerk of the appellate court but shall be carefully labeled and filed so as to be found easily when needed.
O.C.G.A. § 5-6-31 — GA Code / Title 5 / Chapter 6 / Section 5-6-31
Georgia Code Title 5. Appeal and Error § 5-6-31
Status: in_force

The filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of this article.
O.C.G.A. § 5-3-4 — GA Code / Title 5 / Chapter 3 / Section 5-3-4
Georgia Code Title 5. Appeal and Error § 5-3-4
Status: in_force

(a) Except as provided in subsection (b) of this Code section, the superior and state courts shall have appellate jurisdiction pursuant to this chapter over a final judgment of a lower judicatory.

(a) Except as provided in subsection (b) of this Code section, the superior and state courts shall have appellate jurisdiction pursuant to this chapter over a final judgment of a lower judicatory.

(b) The superior courts shall not have appellate jurisdiction pursuant to this chapter over any state court. The state courts shall not have appellate jurisdiction pursuant to this chapter over any superior court. In addition, neither a superior court nor a state court shall have appellate jurisdiction pursuant to this chapter over the following courts or matters: (1) Juvenile courts; (2) The Municipal Court of Columbus; (3) The Civil Court of Macon-Bibb County; (4) The Civil Court of Richmond County; (5) The Georgia State-wide Business Court; (6) A civil case in an Article 6 probate court; (7) An order appointing a temporary administrator; and (8) Any other court from which an appeal directly to the Court of Appeals or the Supreme Court is authorized.

(b) The superior courts shall not have appellate jurisdiction pursuant to this chapter over any state court. The state courts shall not have appellate jurisdiction pursuant to this chapter over any superior court. In addition, neither a superior court nor a state court shall have appellate jurisdiction pursuant to this chapter over the following courts or matters:

(1) Juvenile courts;

(1) Juvenile courts;

(2) The Municipal Court of Columbus;

(2) The Municipal Court of Columbus;

(3) The Civil Court of Macon-Bibb County;

(3) The Civil Court of Macon-Bibb County;

(4) The Civil Court of Richmond County;

(4) The Civil Court of Richmond County;

(5) The Georgia State-wide Business Court;

(5) The Georgia State-wide Business Court;

(6) A civil case in an Article 6 probate court;

(6) A civil case in an Article 6 probate court;

(7) An order appointing a temporary administrator; and

(7) An order appointing a temporary administrator; and

(8) Any other court from which an appeal directly to the Court of Appeals or the Supreme Court is authorized.

(8) Any other court from which an appeal directly to the Court of Appeals or the Supreme Court is authorized.

(c) Except as provided in subsection (g) of Code Section 5-3-17 , this chapter shall preempt any local law or any locally enacted law, ordinance, regulation, rule, or procedure in conflict with this chapter governing an appeal of a final judgment to a reviewing court.

(c) Except as provided in subsection (g) of Code Section 5-3-17 , this chapter shall preempt any local law or any locally enacted law, ordinance, regulation, rule, or procedure in conflict with this chapter governing an appeal of a final judgment to a reviewing court.
O.C.G.A. § 5-3-19 — GA Code / Title 5 / Chapter 3 / Section 5-3-19
Georgia Code Title 5. Appeal and Error § 5-3-19
Status: in_force

(a) If a petition for review is dismissed or withdrawn pursuant to this chapter, the rights of all parties shall be the same as if no appeal had been filed. Notwithstanding any other provision of law, the dismissal or withdrawal of a petition for review under this chapter shall: (1) Dismiss the petition for review; (2) Not dismiss the petitioner's underlying case from the lower judicatory or vacate the final judgment of the lower judicatory; and (3) Reinstate the final judgment of the lower judicatory as if the petition for review had not been filed.

(a) If a petition for review is dismissed or withdrawn pursuant to this chapter, the rights of all parties shall be the same as if no appeal had been filed. Notwithstanding any other provision of law, the dismissal or withdrawal of a petition for review under this chapter shall:

(1) Dismiss the petition for review;

(1) Dismiss the petition for review;

(2) Not dismiss the petitioner's underlying case from the lower judicatory or vacate the final judgment of the lower judicatory; and

(2) Not dismiss the petitioner's underlying case from the lower judicatory or vacate the final judgment of the lower judicatory; and

(3) Reinstate the final judgment of the lower judicatory as if the petition for review had not been filed.

(3) Reinstate the final judgment of the lower judicatory as if the petition for review had not been filed.

(b) This Code section shall apply to all cases appealed under this chapter regardless of the standard of review applied under Code Section 5-3-5 .

(b) This Code section shall apply to all cases appealed under this chapter regardless of the standard of review applied under Code Section 5-3-5 .
O.C.G.A. § 5-5-21 — GA Code / Title 5 / Chapter 5 / Section 5-5-21
Georgia Code Title 5. Appeal and Error § 5-5-21
Status: in_force

The presiding judge may exercise a sound discretion in granting or refusing new trials in cases where the verdict may be decidedly and strongly against the weight of the evidence even though there may appear to be some slight evidence in favor of the finding.
O.C.G.A. § 5-3-6 — GA Code / Title 5 / Chapter 3 / Section 5-3-6
Georgia Code Title 5. Appeal and Error § 5-3-6
Status: in_force

(a) A petitioner invokes the appellate jurisdiction of a reviewing court under this chapter by filing a petition for review with the clerk of the reviewing court.

(a) A petitioner invokes the appellate jurisdiction of a reviewing court under this chapter by filing a petition for review with the clerk of the reviewing court.

(b) The consent of the lower judicatory shall not be required for the filing of a petition for review.

(b) The consent of the lower judicatory shall not be required for the filing of a petition for review.
O.C.G.A. § 5-3-9 — GA Code / Title 5 / Chapter 3 / Section 5-3-9
Georgia Code Title 5. Appeal and Error § 5-3-9
Status: in_force

(a) The reviewing court may issue such orders and writs as may be necessary to aid in its jurisdiction and manage court proceedings under this chapter.

(a) The reviewing court may issue such orders and writs as may be necessary to aid in its jurisdiction and manage court proceedings under this chapter.

(b) The reviewing court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious review of a petition for review.

(b) The reviewing court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious review of a petition for review.

(c) After a petition for review is filed in the reviewing court, the reviewing court shall: (1) Establish filing deadlines for any necessary documents; and (2) Schedule any necessary proceedings or hearings.

(c) After a petition for review is filed in the reviewing court, the reviewing court shall:

(1) Establish filing deadlines for any necessary documents; and

(1) Establish filing deadlines for any necessary documents; and

(2) Schedule any necessary proceedings or hearings.

(2) Schedule any necessary proceedings or hearings.

(d) If there is more than one party plaintiff or party defendant in the case before the lower judicatory, any one or more of such parties may file a petition for review pursuant to this chapter regardless of whether other parties join in or consent to such petition for review; provided, however, that upon appeal, all parties in the case before the lower judicatory shall be bound by the final decision of the reviewing court; and provided, further, that, if damages are awarded upon such appeal, the damages shall only be recovered against the party appealing and the appealing party's security, if any, and not against a party failing or refusing to appeal.

(d) If there is more than one party plaintiff or party defendant in the case before the lower judicatory, any one or more of such parties may file a petition for review pursuant to this chapter regardless of whether other parties join in or consent to such petition for review; provided, however, that upon appeal, all parties in the case before the lower judicatory shall be bound by the final decision of the reviewing court; and provided, further, that, if damages are awarded upon such appeal, the damages shall only be recovered against the party appealing and the appealing party's security, if any, and not against a party failing or refusing to appeal.

(e) The monetary limitation provided for in paragraph (5) of subsection (a) of Code Section 15-10-2 shall not apply to any decision rendered by the reviewing court under this chapter.

(e) The monetary limitation provided for in paragraph (5) of subsection (a) of Code Section 15-10-2 shall not apply to any decision rendered by the reviewing court under this chapter.
O.C.G.A. § 5-5-46 — GA Code / Title 5 / Chapter 5 / Section 5-5-46
Georgia Code Title 5. Appeal and Error § 5-5-46
Status: in_force

(a) The rule nisi on a motion for a new trial in a criminal case shall not operate as a supersedeas unless it is so ordered by the court.

(a) The rule nisi on a motion for a new trial in a criminal case shall not operate as a supersedeas unless it is so ordered by the court.

(b) When requested to do so by the defendant or his counsel, the judge trying the case shall grant an order superseding the sentence until the motion for a new trial is heard and decided.

(b) When requested to do so by the defendant or his counsel, the judge trying the case shall grant an order superseding the sentence until the motion for a new trial is heard and decided.
O.C.G.A. § 5-5-22 — GA Code / Title 5 / Chapter 5 / Section 5-5-22
Georgia Code Title 5. Appeal and Error § 5-5-22
Status: in_force

The courts may grant new trials in all cases when any material evidence may be illegally admitted to or illegally withheld from the jury over the objection of the movant.