GA Code § 5-6-38 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 6 - Certiorari and Appeals to Appellate Courts Generally|Article 2 - Appellate Practice|§ 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

  A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed, the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion. In civil cases, the appellee may institute cross appeal by filing notice thereof within 15 days from service of the notice of appeal by the appellant; and the appellee may present for adjudication on the cross appeal all errors or rulings adversely affecting him; and in no case shall the appellee be required to institute an independent appeal on his own right, although the appellee may at his option file an independent appeal. The notice of cross appeal shall set forth the title and docket number of the case, the name of the appellee, the name and address of his attorney, and a designation of any portions of the record or transcript designated for omission by the appellant and which the appellee desires included and shall state that the appellee takes a cross appeal. In all cases where the notice of appeal did not specify that a transcript of evidence and proceedings was to be transmitted as a part of the 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.   Where a cross appeal is filed, only one record and, where specified, only one transcript of evidence and proceedings need be prepared and transmitted to the appellate court; but the cross appellant may, at his election, require that such a separate record (and transcript, if required) be transmitted. Where a cross appeal is filed and only one record (and transcript, where required) is sent up, the court shall by order provide for the division of costs therefor between the parties if they are unable to do so by agreement.   Notwithstanding subsection (a) of this Code section, where either the state or the defendant wishes to appeal any judgment, ruling, or order in the pretrial proceedings of a criminal case involving a capital offense for which the death penalty is sought, such appeal shall be brought as provided in Code Section 17-10-35.1.    (Ga. L. 1965, p. 18, § 5; Ga. L. 1966, p. 493, § 3; Ga. L. 1968, p. 1072, § 7; Ga. L. 1988, p. 1437, § 2.)   Cross references.   - Extension of expiration date, Rules of the Supreme Court of the State of Georgia, Rule 3.   Postmark date, Rules of the Supreme Court of the State of Georgia, Rule 4.   Certification and transmittal of transcript and record, Rules of the Supreme Court of the State of Georgia, Rule 15.   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.   Postmark date, Rules of the Court of Appeals of the State of Georgia, Rule 4.   Time of filing briefs and enumerations of error, Rules of the Court of Appeals of the State of Georgia, Rule 14.   Time of filing application for interlocutory appeal, Rules of the Court of Appeals of the State of Georgia, Rule 30.   Notices of appeal and cross appeal, Rules of the Court of Appeals of the State of Georgia, Rule 33.   Law reviews.   - For article discussing Georgia court decision on questions of appellate practice and procedure, see 31 Mercer L. Rev. 1 (1979). For article, "Insuring a Party's Second Chance," see 16 Ga. St. B.J. 177 (1980). For article surveying appellate practice and procedure, see 34 Mercer L. Rev. 3 (1982). For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For annual survey of appellate practice and procedure, see 38 Mercer L. Rev. 47 (1986). For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986). For article, "Let's Revise Appellate Procedure in Georgia," see 27 Ga. St. B.J. 135 (1991). For annual survey of appellate practice and procedure, see 56 Mercer L. Rev. 61 (2004). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For comment on Sayers v. Rothberg, 222 Ga. 626, 151 S.E.2d 445 (1967), see 3 Ga. St. B.J. 489 (1967).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Appealable Judgments or Orders   Jurisdiction   Filing   Automatic Extension of Time for Filing   Cross Appeals    RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, § 252 et seq.   2 Am. Jur. Pleading and Practice Forms, Appeal and Error, § 69.   C.J.S.   - 4 C.J.S., Appeal and Error, §§ 361 et seq., 494.   ALR.    - Lower court's consideration, on the merits, of unseasonable application for new trial, rehearing, or other re-examination, as affecting time in which to apply for appellate review, 148 A.L.R. 795.   Amendment of judgment as affecting time for taking or prosecuting appellate review proceedings, 21 A.L.R.2d 285.   Exclusion or inclusion of terminal Sunday or holiday in computing time for taking or perfecting appellate review, 61 A.L.R.2d 482.   Participation in, acceptance of, or submission to new trial as precluding appellate review of order granting it or of issue determined in first trial, 67 A.L.R.2d 191.   Retroactive effect on appeal from judgment previously entered of statute shortening time allowed for appellate review, 81 A.L.R.2d 417.   Right to perfect appeal, against party who has not appealed, by cross appeal filed after time for direct appeal has passed, 32 A.L.R.3d 1290.   Filing of notice of appeal as affecting jurisdiction of state trial court to consider motion to vacate judgment, 5 A.L.R.5th 422.   Effect of escape by, or fugitive status of, state criminal defendant on availability of appeal or other post-verdict or post-conviction relief - State cases, 105 A.L.R.5th 529.