§ 5-6-9. Transmittal of Opinion to Lower Court Generally
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 […]
§ 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 […]
§ 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 […]
§ 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. History. Orig. Code 1863, § 4183; Code 1868, § 4222; Code 1873, § 4287; Code 1882, […]
§ 5-6-13. Granting of Supersedeas in Cases of Contempt
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 […]
§ 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. History. Ga. L. 1870, p. 405, § 5; Code 1873, § 3215; Code 1882, § 3215; Civil Code 1895, § 5599; Civil Code 1910, § 6218; Code 1933, § 6-1806; […]
§ 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. History. Orig. Code 1863, § 3957; Code 1868, § 3977; Code 1873, § 4049; Code 1882, § 4049; Civil Code 1895, § 4634; Civil Code […]
§ 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
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 […]
§ 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 […]