§ 5-6-48. Grounds for Dismissal of Appeal; Amendments; Correcting or Supplementing Record or Transcript; Effect of Dismissal of Appeal Upon Cross Appeal; Effect of Deficiencies Upon Consideration of Appeal
Failure of any party to perfect service of any notice or other paper hereunder shall not work dismissal; but the trial and appellate courts shall at any stage of the proceeding require that parties be served in such manner as will permit a just and expeditious determination of the appeal and shall, when necessary, grant […]
§ 5-6-49. Bills of Exceptions, Exceptions Pendente Lite, Assignments of Error Abolished; Contents of Motions for New Trial and for j.n.o.v
Bills of exceptions, exceptions pendente lite, assignments of error, and all rules relating thereto are abolished. Motions for new trial and for judgment notwithstanding the verdict need not set out portions of the record or transcript of evidence and it shall not be necessary that the grounds thereof be complete in themselves or be approved […]
§ 5-6-50. Procedure Provided by Article Supersedes Former Appellate Procedure
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 […]
§ 5-6-51. Forms
The following suggested forms are declared to be sufficient, but any other form substantially complying therewith shall also be sufficient: Notice of appeal — Civil cases. IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiffs ) ) v. ) Civil action ) File no. ) ) Defendants ) NOTICE OF […]
§ 5-6-36. Filing of Motion for New Trial and Motion for Judgment Notwithstanding Verdict Where Appeal Taken From Judgment, Ruling, or Order
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. […]
§ 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 […]
§ 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 […]
§ 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. History. Ga. L. 1965, p. 18, § 18B. Cross references. Motions for rehearing, Rules of the Court of Appeals of the State of Georgia, Rule 48. Law reviews. For article comparing […]
§ 5-6-32. Manner of Service of Notices and Other Papers Upon Parties; Waiver or Acknowledgment of Service
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 […]
§ 5-6-33. Right of Appeal Generally
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. Either party in any civil […]