- In all civil cases where the party taking an appeal files an affidavit stating that because of his indigence he is unable to pay costs or to post a supersedeas bond, if any, as may be required by the trial judge as provided in Code Section 5-6-46, the notice of appeal and affidavit of indigence shall act as supersedeas.
- Any party at interest or his agent or attorney may contest the truth of the affidavit of indigence by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the trial court under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.
History. Ga. L. 1965, p. 18, § 9; Ga. L. 1966, p. 723, § 1.
Cross references.
Supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12.
Filing notice of appeal and cross appeal, Rules of the Supreme Court of the State of Georgia, Rule 38.
Supersedeas, Rules of the Court of Appeals of the State of Georgia, Rule 50.
Law reviews.
For article, “The Appellate Procedure Act of 1965,” see 1 Ga. St. B.J. 451 (1965).
For article, “1966 Amendments to the Appellate Procedure Act of 1965,” see 2 Ga. St. B.J. 433 (1966).