reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 2 - GROUNDS (§§ 5-5-20 — 5-5-25) › Section 5-5-22 - Illegal admission or exclusion of evidence

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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 2 - GROUNDS (§§ 5-5-20 — 5-5-25) › Section 5-5-23 - Newly discovered evidence

A new trial may be granted in any case where any material evidence, not merely cumulative or impeaching in its character but relating to new and material facts, is discovered by the applicant after the rendition of a verdict against him and is brought to the notice of the court within the time allowed by law for entertaining a motion for a new trial.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 2 - GROUNDS (§§ 5-5-20 — 5-5-25) › Section 5-5-24 - Error in instructions; objection required in civil cases; requested instructions; review of charges involving substantial error

(a)
Except as otherwise provided in this Code section, in all civil cases, no party may complain of the giving or the failure to give an instruction to the jury unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury. Objection need not be made with the particularity formerly required of assignments of error and need only be as reasonably definite as the circumstances will permit. This subsection shall not apply in criminal cases.
(b)
In all cases, at the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may present to the court written requests that it instruct the jury on the law as set forth therein. Copies of requests shall be given to opposing counsel for their consideration prior to the charge of the court. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury but shall instruct the jury after the arguments are completed. The trial judge shall file with the clerk all requests submitted to him, whether given in charge or not.
(c)
Notwithstanding any other provision of this Code section, the appellate courts shall consider and review erroneous charges where there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 2 - GROUNDS (§§ 5-5-20 — 5-5-25) › Section 5-5-25 - Other grounds

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.
Amended by 2013 Ga. Laws 33,§ 5, eff. 4/24/2013.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 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

(a)
All motions for new trial, except in extraordinary cases, shall be made within 30 days of the entry of the judgment on the verdict or entry of the judgment where the case was tried without a jury.
(b)
The motion may be amended any time on or before the ruling thereon.
(c)
Where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court may in its discretion grant an extension of time, except in cases where the death penalty is imposed, for the preparation and filing of the transcript, which may be done any time on or before the hearing; or the court may in its discretion hear and determine the motion before the transcript of evidence and proceedings is prepared and filed.
(d)
The grounds of the motion need not be approved by the court.
(e)
The motion may be heard at any time; but, where it is not heard at the time specified in the order, it shall stand for hearing at such time as the court by order at any time may prescribe, unless sooner disposed of.
(f)
Motions for new trial in cases in which the death penalty is imposed shall be given priority.
(g)
On appeal, a party shall not be limited to the grounds urged in the motion or any amendment thereof.
(h)
The court also shall be empowered to grant a new trial on its own motion within 30 days from entry of the judgment, except in criminal cases where the defendant was acquitted.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-42 - Form for motion for new trial

(a)
The form for motion for new trial in civil cases prescribed in subsection (b) of this Code section shall be sufficient, but any other form substantially complying therewith shall also be sufficient.
(b)
Form for motion for new trial in civil cases:
IN THE __________________ COURT OF __________________ COUNTY STATE OF GEORGIA
__________
)
Plaintiffs
)
)
v.
)
Civil action
)
File no__________.
)
__________
)
Defendants
)
MOTION FOR NEW TRIAL
Defendant moves the court to set aside the verdict returned herein on _____
(date)
,________ , and the judgment entered thereon on _____
(date)
, ______, and to grant a new trial on the following grounds:
(1)
The verdict is contrary to law.
(2)
The verdict is contrary to the evidence.
(3)
The verdict is strongly against the weight of the evidence.
(4)
The court erred in permitting witness Smith to testify as follows: __________________.
(5)
The court erred in failing to charge the jury on unavoidable accident as requested in writing by defendant.
(6)
The court erred in charging the jury as follows: __________________.
Dated: __________________.
__________________
Attorney for defendant
__________________
Address
(Here set forth rule nisi and certificate of service.)
(c)
The form for motion for new trial in criminal cases in subsection (d) of this Code section is declared to be sufficient but any other form substantially complying therewith shall also be sufficient.
(d)
Form for motion for new trial in criminal cases:
IN THE __________________ COURT OF __________________ COUNTY STATE OF GEORGIA
___________
)
The State
)
)
v.
)
Indictment
)
Accusation
___________
)
Defendant
)
File no.___________
MOTION FOR NEW TRIAL
Defendant moves the court to set aside the verdict returned herein on _____
(date)
, ______, and the sentence entered thereon on _____
(date)
, ____, and to grant a new trial on the following grounds:
(1)
The defendant should be acquitted and discharged due to the state's failure to prove guilt beyond a reasonable doubt.
(2)
Although the state proved the defendant's guilt beyond a reasonable doubt, the evidence was sufficiently close to warrant the trial judge to exercise his discretion to grant the defendant a retrial.
(3)
The court committed an error of law warranting a new trial.
Dated: __________________.
__________________
Attorney for defendant
__________________
Address
(Here set forth rule nisi and certificate of service.)
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-43 - Allowance of filing of motion by judge other than trial judge

A judge who did not try the case may, if presented with a motion for new trial within 30 days from the date of the verdict or judgment sought to be set aside, allow the filing of, issue rule nisi thereon, and decide the motion either where he is presiding in the court in which the trial was had, or where he is named in the rule, or where he is otherwise authorized by law to do so.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-44 - Service of rule nisi; filing and recordation of motion

In all motions for a new trial the opposite party shall be served with a copy of the rule nisi unless such copy is waived. The clerks of the courts shall not be required, except by order of the presiding judge, to enter upon the minutes of the courts motions for new trial in cases tried therein; but the motions shall be filed in the clerk's office as are other papers and shall be recorded together with the other pleadings in the cases when the same are finally disposed of as required by law.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-45 - Amendment of rule nisi

A rule nisi for a new trial may be amended by adding new grounds not taken at the time the motion was filed.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-46 - Operation of rule nisi as supersedeas in criminal cases; superseding of sentence

(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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-47 - Right to give supersedeas bond for bailable offense upon filing of new trial motion; assessment and approval of bond

(a)
It shall be the right of any person convicted of a crime which is bailable under the law, and in which case a motion for a new trial has been filed as provided by law, to give a supersedeas bond immediately upon the filing of the motion for new trial without having to wait for the filing of a notice of appeal.
(b)
The judge of the court having jurisdiction of the case, immediately upon the approval and filing of a motion for new trial therein, shall assess the amount of the bond, which shall be approved in the manner provided by law.
(c)
The provisions of Code Section
5-6-45
, relating to supersedeas and supersedeas bonds when a notice of appeal is filed, shall apply equally to cases when a motion for a new trial is filed.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-48 - Time of new trial generally

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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-49 - Trial of cases returned for new trial by appellate courts

(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.
(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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-50 - Standard for review by appellate court of first grant of new trial

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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 5 - NEW TRIAL (§§ 5-5-1 — 5-5-51) › Article 3 - PROCEDURE (§§ 5-5-40 — 5-5-51) › Section 5-5-51 - Written basis for exercise of judicial discretion for new trial

In all civil cases in which a new trial is granted, if the grant of a new trial is based on the discretion of the judge, the judge shall set forth by written order the reason or reasons for the exercise of his discretion. Such order shall not be required to conform to the provisions of Code Section
9-11-52
, relating to findings by the court.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-1 - Appearance before court of interested third parties

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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-2 - Disposition of transcript in appellate court

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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 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

(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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-4 - Bill of costs; payment of costs; exceptions to payment; prerequisite to receipt of application for appeal or brief by clerk

(a)
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.
(b)
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.
(c)
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.
Amended by 2014 Ga. Laws 520,§ 1, eff. 7/1/2014.
Amended by 2009 Ga. Laws 122,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-5 - Entry of judgment for costs on reversal

If there is a judgment of reversal, the appellant shall be entitled to a judgment for the amount of the costs in the appellate court against the appellee as soon as the remittitur is returned to the court below.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-6 - Damages for frivolous appeal

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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-7 - No decisions to be rendered ore tenus; publication of judgments and opinions

No decision shall be rendered ore tenus. The reporter shall publish in the official reports of the Supreme Court and the Court of Appeals all judgments, but only those opinions which the courts shall direct to be published.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-8 - Entry of decision on minutes; directions to lower court

The decision in each case shall be entered on the minutes. It shall be within the power of the appellate court rendering the decision in a case to make such order and to give such direction as to the final disposition of the case by the lower court as may be consistent with the law and justice of the case.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-9 - Transmittal of opinion to lower court generally

(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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-10 - Transmittal of remittitur to lower court generally

The decision of the appellate court and any direction awarded in the case shall be certified by the clerk to the court below, under the seal of the court. The decision and direction shall be respected and carried into full effect in good faith by the court below. The remittitur shall contain nothing more, except the costs paid in the appellate court.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-11 - Issuance of remittitur in cases involving death penalty

In all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case or has affirmed the denial of a petition for a writ of habeas corpus in any case in which the death penalty has been imposed, the remittitur shall not issue from that court for at least 90 days from the date of the court's decision, or from the date of the court's denial of a motion for a rehearing, if such motion is timely filed, whichever is later; provided, however, that this Code section shall not apply where the defendant has previously applied for a writ of habeas corpus which has been denied and the denial thereof has been affirmed by the Supreme Court of Georgia, or where the writ has been granted but the grant thereof has been reversed by the Supreme Court of Georgia.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-12 - Cessation of supersedeas and issuance of execution upon affirmance of judgment of lower court

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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-13 - Granting of 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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-14 - Execution of extraordinary orders

When judgments are rendered on appeal in injunction or other extraordinary cases, the judges of the superior courts may give immediate effect to such judgments.
Amended by 2016 Ga. Laws 626,§ 3-2, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-15 - Certiorari from Supreme Court to Court of Appeals

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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 1 - GENERAL PROVISIONS (§§ 5-6-1 — 5-6-16) › Section 5-6-16 - Time for appeal by personal representative where party dies after trial; effect of entry of appeal and of failure to enter appeal; when appeal heard

(a)
(1)
When either the plaintiff or the defendant dies after a case has been tried and before the expiration of the time within which the party, if living, might have entered an appeal, and no appeal has been entered, the personal representative of the estate of the deceased party may enter an appeal within 30 days from the time such personal representative qualifies.
(2)
If an appeal is not entered within the time prescribed in this Code section, judgment may be entered and execution issued as though the deceased party were alive, without making the personal representative a party.
(3)
For purposes of this subsection, the term "personal representative" includes temporary administrators, subject to the provisions of Code Sections
53-6-31
and
53-7-4
.
(b)
(1)
When an appeal is entered as provided in paragraph (1) of subsection (a) of this Code section, it shall not be necessary to revive the action, but it shall be revived by the appealing party giving notice to the adverse party within 30 days from the time of entering the appeal.
(2)
When a defendant appeals as provided in paragraph (1) of subsection (a) of this Code section, the case shall stand for trial on the appeal docket at the first term of the court after the expiration of six months from the qualification of the personal representative.
(c)
Nothing in paragraph (2) of subsection (a) or paragraph (2) of subsection (b) of this Code section shall impair the operation or limit the applicability of Article 4 of Chapter 7 of Title 53.
Amended by 2020 Ga. Laws 508,§ 2-1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-30 - Purpose of article; construction

It is the intention of this article to provide a procedure for taking cases to the Supreme Court and the Court of Appeals, as authorized in Article VI, Sections V and VI of the Constitution of this state; to that end, this article shall be liberally construed so as to bring about a decision on the merits of every case appealed and to avoid dismissal of any case or refusal to consider any points raised therein, except as may be specifically referred to in this article.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-31 - Entry of judgment defined

The filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of this article.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-32 - Manner of service of notices and other papers upon parties; waiver or acknowledgment of service

(a)
Whenever under this article service or the giving of any notice is required or permitted to be made upon a party and the party is represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service of all notices and other papers hereunder and service of motions for new trial, motions in arrest, motions for judgment notwithstanding the verdict, and all other similar motions, orders, and proceedings may be made by the attorney or party filing the notice or paper, in person or by mail, and proof thereof shown by acknowledgment of the attorney or party served, or by certificate of the attorney, party, or other person perfecting service. Service of any paper, motion, or notice may be perfected either before or after filing with the clerk thereof; and when service is made by mail it shall be deemed to be perfected as of the day deposited in the mail. Where the address of any party is unknown and the party is not represented by an attorney of record, service of all notices and other papers referred to above may be perfected on the party by mail directed to the last known address of the party.
(b)
Service of any notice, motion, or other paper provided for in this article may be waived or acknowledged either before or after filing.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-33 - [See Note] Right of appeal generally (§ 5-6-33) › 1

(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.
(b)
This Code section shall not affect Chapter 7 of this title.
Amended by 2019 Ga. Laws 271,§ 2-2, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-33 - [See Note] Right of appeal generally (§ 5-6-33) › 2

(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 or the Georgia Tax 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.
(b)
This Code section shall not affect Chapter 7 of this title.
Amended by 2024 Ga. Laws 601,§ 2-3, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Amended by 2019 Ga. Laws 271,§ 2-2, eff. 5/7/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-36 - Filing of motion for new trial and motion for judgment notwithstanding verdict where appeal taken from judgment, ruling, or order

(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.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-37 - Filing and contents of notice of appeal; service of notice upon parties to appeal

Unless otherwise provided by law, an appeal may be taken to the Supreme Court or the Court of Appeals by filing with the clerk of the court wherein the case was determined a notice of appeal. The notice shall set forth the title and docket number of the case; the name of the appellant and the name and address of his attorney; a concise statement of the judgment, ruling, or order entitling the appellant to take an appeal; the court appealed to; a designation of those portions of the record to be omitted from the record on appeal; a concise statement as to why the appellate court appealed to has jurisdiction rather than the other appellate court; and, if the appeal is from a judgment of conviction in a criminal case, a brief statement of the offense and the punishment prescribed. The appeal shall not be dismissed nor denied consideration because of failure to include the jurisdictional statement or because of a designation of the wrong appellate court. In addition, the notice shall state whether or not any transcript of evidence and proceedings is to be transmitted as a part of the record on appeal. Approval by the court is not required as a condition to filing the notice. All parties to the proceedings in the lower court shall be parties on appeal and shall be served with a copy of the notice of appeal in the manner prescribed by Code Section
5-6-32
.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 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)
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
.
(b)
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.
(c)
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
.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 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

(a)
Any judge of the trial court or any justice or judge of the appellate court to which the appeal is to be taken may, in his discretion, and without motion or notice to the other party, grant extensions of time for the filing of:
(1)
Notice of appeal;
(2)
Notice of cross appeal;
(3)
Transcript of the evidence and proceedings on appeal or in any other instance where filing of the transcript is required or permitted by law;
(4)
Designation of record referred to under Code Section
5-6-42
; and
(5)
Any other similar motion, proceeding, or paper for which a filing time is prescribed.
(b)
No extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict.
(c)
Only one extension of time shall be granted for filing of a notice of appeal and a notice of cross appeal, and the extension shall not exceed the time otherwise allowed for the filing of the notices initially.
(d)
Any application to any court, justice, or judge for an extension must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order. The order granting an extension of time shall be promptly filed with the clerk of the trial court, and the party securing it shall serve copies thereof on all other parties in the manner prescribed by Code Section
5-6-32
.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-40 - Enumeration of errors

The appellant and cross appellant shall file with the clerk of the appellate court, at such time as may be prescribed by its rules, an enumeration of the errors which shall set out separately each error relied upon. The enumeration shall be concise and need not set out or refer to portions of the record on appeal. It shall be served upon the appellee or cross appellee in the manner prescribed in Code Section
5-6-32
, need not have approval of the trial court, and when filed shall become a part of the record on appeal. The appellate court, by rule, may permit the enumeration to be made a part of the brief.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 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

If the appellant designates any matter to be omitted from the record on appeal as provided in Code Section
5-6-37
, the appellee may, within 15 days of serving of the notice of appeal by appellant, file a designation of record designating that all or part of the omitted matters be included in the record on appeal. A copy of the designation shall be served on all other parties in the manner prescribed by Code Section
5-6-32
. Where there is a transcript of evidence and proceedings to be included in the record on appeal, the appellant shall cause the transcript to be prepared and filed as provided by Code Section
5-6-41
; but, when the appellant has designated that the transcript not be made a part of the record on appeal and its inclusion is by reason of a designation thereof by appellee, the appellee shall cause the transcript to be prepared and filed as referred to in Code Section
5-6-41
at his expense. The party having the responsibility of filing the transcript shall cause it to be filed within 30 days after filing of the notice of appeal or designation by appellee, as the case may be, unless the time is extended as provided in Code Section
5-6-39
. In all cases, it shall be the duty of the trial judge to grant such extensions of time as may be necessary to enable the court reporter to complete his transcript of evidence and proceedings.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 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

(a)
Within five days after the date of filing of the transcript of evidence and proceedings by the appellant or appellee, as the case may be, it shall be the duty of the clerk of the trial court to prepare a complete copy of the entire record of the case, omitting only those things designated for omission by the appellant and which were not designated for inclusion by the appellee, together with a copy of the notice of appeal and copy of any notice of cross appeal, with date of filing thereon, and transmit the same, together with the transcript of evidence and proceedings, to the appellate court, together with his certificate as to the correctness of the record. Where no transcript of evidence and proceedings is to be sent up, the clerk shall prepare and transmit the record within 20 days after the date of filing of the notice of appeal. If for any reason the clerk is unable to transmit the record and transcript within the time required in this subsection or when an extension of time was obtained under Code Section
5-6-39
, he shall state in his certificate the cause of the delay and the appeal shall not be dismissed. The clerk need not recopy the transcript of evidence and proceedings to be sent up on appeal but shall send up the reporter's original and retain the copy, as referred to in Code Section
5-6-41
; and it shall not be necessary that the transcript be renumbered as a part of the record on appeal. The clerk shall retain an exact duplicate copy of all records and the transcript sent up, with the same pagination, in his office as a permanent record.
(b)
Where the accused in a criminal case was convicted of a capital felony, the clerk shall likewise furnish, at no cost, the Attorney General with an exact copy of the record on appeal.
(c)
Where a defendant in a criminal case is confined in jail pending appeal, it shall be the duty of the clerk to state that fact in his certificate; and it shall be the duty of the appellate court to expedite disposition of the case.
(d)
Where a transcript of evidence and proceedings is already on file at the time the notice of appeal is filed, as where the transcript was previously filed in connection with a motion for new trial or for judgment notwithstanding the verdict, the clerk shall cause the record and transcript (where specified for inclusion) to be transmitted as provided in subsection (a) of this Code section within 20 days after the filing of the notice of appeal.
Amended by 2011 Ga. Laws 7,§ 1, eff. 3/16/2011 and retroactive to all cases for which fees have not been assessed.
2023 CODE OF GEORGIA › Title 5 - APPEAL AND ERROR (§§ 5-1-1 — 5-7-6) › Chapter 6 - CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY (§§ 5-6-1 — 5-6-51) › Article 2 - APPELLATE PRACTICE (§§ 5-6-30 — 5-6-51) › Section 5-6-44 - Authorization and procedure generally for filing of joint appeals, motions for new trial, and other motions; division of costs between parties

(a)
Whenever two or more persons are defendants or plaintiffs in an action, and a judgment, verdict, or decree has been rendered against each of them, jointly or severally, or where two or more cases are tried together, the plaintiffs or defendants, as the case may be, shall be entitled, but not required, to file joint appeals, motions for new trial, motions in arrest, motions to set aside, and motions for judgment notwithstanding the verdict, without regard to whether the parties have a joint interest, or whether the cases were merely consolidated for purposes of trial, or whether the cases were simply tried together without an order of consolidation.
(b)
Where joint appeals are filed, the appealing parties may nevertheless be entitled, but not required, to file separate enumerations of error in the appellate court.
(c)
When separate appeals, motions for new trial, or motions for judgment notwithstanding the verdict are filed, only one transcript of evidence and proceedings (where required) and only one record need be prepared, filed, or transmitted to the appellate court (as the case may be).
(d)
In such cases, the court shall by order specify the division of costs between the parties.
(e)
This Code section shall apply to both civil and criminal cases.