§ 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 […]
§ 5-7-1. Orders, Decisions, or Judgments Appealable; Defendant’s Right to Cross Appeal
An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals or the Supreme Court in criminal cases and adjudication of delinquency cases in the following instances: […]
§ 5-7-2. Certification Required for Immediate Review of Nonfinal Orders, Decisions, or Judgments; Exception; Motion for New Trial
Except as provided in subsection (b) of this Code section, in any appeal under this chapter where the order, decision, or judgment is not final, it shall be necessary that the trial judge certify within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that an […]
§ 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 […]
§ 5-7-3. Right of Certiorari
A proceeding by certiorari may be taken by and on behalf of the State of Georgia from one court to another court of this state, where the right of certiorari is provided as a procedure for appealing a judgment, in the specified situations set forth in Code Sections 5-7-1 and 5-7-2. History. Ga. L. 1973, […]
§ 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
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: Notice of appeal; Notice of cross appeal; Transcript of the evidence […]
§ 5-7-4. Time Limits and Procedures Governing Appeal and Certiorari by State
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. History. Ga. L. 1973, p. 297, § 4.
§ 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 […]
§ 5-7-5. Right of Accused to Bail; Amount of Bail Reviewable by Appellate Court
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 […]