Georgia Code
Article 2 - Appellate Practice
§ 5-6-34. Judgments and Rulings Deemed Directly Appealable; Procedure for Review of Judgments, Orders, or Decisions Not Subject to Direct Appeal; Scope of Review; Hearings in Criminal Cases Involving a Capital Offense for Which Death Penalty Is Sough...

History. Orig. Code 1863, § 4159; Code 1868, § 4191; Code 1873, § 4250; Code 1882, § 4250; Ga. L. 1890-91, p. 82, § 1; Civil Code 1895, § 5526; Penal Code 1895, § 1069; Civil Code 1910, § 6138; Penal Code 1910, § 1096; Code 1933, § 6-701; Ga. L. 1965, p. 18, § 1; Ga. L. 1968, p. 1072, § 1; Ga. L. 1975, p. 757, § 1; Ga. L. 1979, p. 619, §§ 1, 2; Ga. L. 1984, p. 599, § 1; Ga. L. 1988, p. 1437, § 1; Ga. L. 1994, p. 347, § 1; Ga. L. 2001, p. 88, § 1; Ga. L. 2005, p. 20, § 2/HB 170; Ga. L. 2005, p. 224, § 2/HB 221; Ga. L. 2006, p. 379, § 2/HB 1059; Ga. L. 2006, p. 583, § 1/SB 382; Ga. L. 2007, p. 554, § 2/HB 369; Ga. L. 2011, p. 562, § 1/SB 139; Ga. L. 2012, p. 899, § 8-1/HB 1176; Ga. L. 2013, p. 735, § 1/SB 204; Ga. L. 2016, p. 341, § 1/HB 513; Ga. L. 2019, p. 845, § 2-3/HB 239.
The 2011 amendment, effective July 1, 2011, added subsection (e). See editor’s note for applicability.
The 2012 amendment, effective July 1, 2013, in subsection (a), deleted “and” at the end of paragraph (a)(10), substituted “; and” for the period at the end of paragraph (a)(11), and added paragraph (a)(12).
The 2013 amendment, effective May 6, 2013, substituted “awarding, refusing to change, or modifying child custody” for “including, but not limited to, awarding or refusing to change child custody” in paragraph (a)(11).
The 2016 amendment, effective July 1, 2016, deleted “and” at the end of paragraph (a)(11); substituted “; and” for a period at the end of paragraph (a)(12); and added paragraph (a)(13).
The 2019 amendment, effective May 7, 2019, inserted “the Georgia State-wide Business Court,” in the middle of the introductory paragraph of subsection (a).
Cross references.
Certification for immediate review of nonfinal judgments, § 5-7-2 .
Applicability of section to orders denying summary judgment, see § 9-11-56 .
Right of appeal by first offenders placed on probation, see § 42-8-64 .
Granting of application for leave to appeal interlocutory order, Rules of the Supreme Court of the State of Georgia, Rule 22.
Jurisdictional statement and copy of order and compliance with statutory duty to file notice of appeal, Rules of the Supreme Court of the State of Georgia, Rule 24.
Leave to appeal interlocutory order, Rules of the Court of Appeals of the State of Georgia, Rule 29.
Leave to appeal, Rules of the Court of Appeals of the State of Georgia, Rule 40.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2006, “and” was added to the end of paragraph (a)(9), former paragraph (a)(10), which read: “Repealed; and” was deleted, and former paragraph (a)(11) was redesignated as present paragraph (a)(10).
Pursuant to Code Section 28-9-5, in 2009, “ Code Section 16-11-173” was substituted for “ Code Section 16-11-184” at the end of paragraph (a)(6).
Editor’s notes.
Ga. L. 2001, p. 88, § 3, not codified by the General Assembly, provides that: “This Act shall apply to any case pending on or brought after the effective date of this Act; and, for purposes of taking an appeal pursuant to the provisions of paragraph (5.1) of subsection (a) of Code Section 5-6-34 as enacted by this Act, any ruling actually entered before the effective date of this Act in any case which is pending on the effective date of this Act shall be deemed to have been entered on the effective date of this Act.” The effective date of this Act was March 23, 2001.
Ga. L. 2005, p. 20, § 1/HB 170, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Criminal Justice Act of 2005.’ ”
Ga. L. 2005, p. 20, § 17/HB 170, not codified by the General Assembly, provides that this Act shall apply to all trials which commence on or after July 1, 2005.
Ga. L. 2005, p. 224, § 1/HB 221, not codified by the General Assembly, provides that: “The General Assembly finds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgia’s children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgia’s children are provided with adequate financial support whether the children’s parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children.”
Ga. L. 2006, p. 379, § 1/HB 1059, not codified by the General Assembly, provides that: “The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:
“(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space;
“(2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public;
“(3) Providing for community and public notification concerning the presence of sexual offenders;
“(4) Collecting data relative to sexual offenses and sexual offenders;
“(5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and
“(6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer.
“The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender’s presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender.”
Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: “The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.”
Ga. L. 2006, p. 583, § 8/SB 382, not codified by the General Assembly, amended Ga. L. 2005, p. 224, § 13, so as to delay the effective date of the 2005 amendment to subsection (a) of this Code section until January 1, 2007.
Ga. L. 2006, p. 583, § 9/SB 382, not codified by the General Assembly, provided that it was the intention of the 2006 Act to delay for six months the effectiveness of the provisions of 2005 Act No. 52 (Ga. L. 2005, p. 224) of the General Assembly, excepting only those provisions of 2005 Act No. 52 (Ga. L. 2005, p. 224) creating the Georgia Child Support Commission which went into effect upon approval of that Act by the Governor.
Ga. L. 2006, p. 583, § 10(b)/SB 382, not codified by the General Assembly, provides: “Sections 1 through 7 of this Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007.”
Ga. L. 2007, p. 554, § 1/HB 369, not codified by the General Assembly, provides that: “The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship.”
Ga. L. 2007, p. 554, § 8/HB 369, not codified by the General Assembly, provides that the 2007 amendment applies to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
Ga. L. 2011, p. 562, § 4/SB 139, not codified by the General Assembly, provides that the amendment by that Act shall apply to all notices or applications for appeal filed on or after July 1, 2011.
Law reviews.
For comment on Sayers v. Rothberg, 222 Ga. 626 , 151 S.E.2d 445 (1967), see 3 Ga. St. B.J. 489 (1967).
For comment on Milholland v. Oglesby, 223 Ga. 230 , 154 S.E.2d 194 (1967), see 4 Ga. St. B.J. 392 (1968).
For article discussing the inefficiency of mandamus and impeachment as remedies for judicial inaction, see 5 Ga. St. B.J. 467 (1969).
For article surveying Georgia cases in the area of trial practice and procedure from June 1977 through May 1978, see 30 Mercer L. Rev. 239 (1978).
For article surveying judicial developments in Georgia’s trial practice and procedure laws, see 31 Mercer L. Rev. 249 (1979).
For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981).
For article surveying appellate practice and procedure, see 34 Mercer L. Rev. 3 (1982).
For article surveying recent developments in administrative law, see 37 Mercer L. Rev. 503 (1985).
For annual survey of appellate practice and procedure, see 38 Mercer L. Rev. 47 (1986).
For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986).
For annual survey of appellate practice and procedure, see 40 Mercer L. Rev. 51 (1988).
For article, “Intangible Tax Appeals After Blank v. Collins; The Uncertainty Continues,” see 27 Ga. St. B.J. 78 (1990).
For article, “Let’s Revise Appellate Procedure in Georgia,” see 27 Ga. St. B.J. 135 (1991).
For article, “Getting Certiorari Granted,” 28 Ga. St. B.J. 90 (1991).
For annual survey of appellate practice and procedure, see 43 Mercer L. Rev. 73 (1991).
For annual survey of domestic relations, see 43 Mercer L. Rev. 243 (1991).
For article, “Appeals, Interlocutory and Discretionary Applications, and Post-Judgment Motions in the Georgia Courts: The Current Practice and the Need for Reform Legislation,” see 44 Mercer L. Rev. 17 (1992).
For annual survey of appellate practice and procedure, see 56 Mercer L. Rev. 61 (2004).
For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004).
For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 73 (2005).
For annual survey of appellate practice and procedure, see 57 Mercer L. Rev. 35 (2005).
For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005).
For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 11, 103 (2006).
For survey article on appellate practice and procedure, see 59 Mercer L. Rev. 21 (2007).
For survey article on domestic relations law, see 59 Mercer L. Rev. 139 (2007).
For survey article on administrative law, see 60 Mercer L. Rev. 1 (2008).
For survey article on appellate practice and procedure, see 60 Mercer L. Rev. 21 (2008).
For annual survey on appellate practice and procedure, see 61 Mercer L. Rev. 31 (2009).
For annual survey on domestic relations, see 61 Mercer L. Rev. 117 (2009).
For annual survey of law on appellate practice and procedure, see 62 Mercer L. Rev. 25 (2010).
For article, “Appellate Practice and Procedure,” see 63 Mercer L. Rev. 67 (2011).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For annual survey on trial practice and procedure, see 65 Mercer L. Rev. 277 (2013).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 109 (2016).
For article, “Annual Survey of Georgia Law: June 1, 2015 — May 31, 2016: Special Contribution: Open Chambers Revisited: Demystifying the Inner Workings and Culture of the Georgia Court of Appeals,” see 68 Mercer L. Rev. 1 (2016).
For note, “Give It to Me, I’m Worth It: The Need to Amend Georgia’s Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector,” see 52 Ga. L. Rev. 267 (2017).
For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018).
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).
For annual survey on domestic relations, see 71 Mercer L. Rev. 83 (2019).
For annual survey on trial practice and procedure, see 71 Mercer L. Rev. 305 (2019).
For article with annual survey on administrative law, see 73 Mercer L. Rev. 1 (2021).
For article with annual survey on criminal law, see 73 Mercer L. Rev. 75 (2021).