Georgia Code
Article 2 - Appellate Practice
§ 5-6-35. Cases Requiring Application for Appeal; Requirements for Application; Exhibits; Response; Issuance of Appellate Court Order Regarding Appeal; Procedure; Supersedeas; Jurisdiction of Appeal; Appeals Involving Nonmonetary Judgments in Custody...

(5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual Offender Registration Review Board;
(5.2) Appeals from decisions of superior courts granting or denying petitions for release pursuant to Code Section 42-1-19;
History. Ga. L. 1979, p. 619, §§ 3, 6; Ga. L. 1982, p. 3, § 5; Ga. L. 1984, p. 22, § 5; Ga. L. 1984, p. 599, § 2; Ga. L. 1986, p. 1591, § 2; Ga. L. 1988, p. 1357, § 1; Ga. L. 1991, p. 412, § 1; Ga. L. 1994, p. 347, § 2; Ga. L. 1997, p. 543, § 1; Ga. L. 2007, p. 554, § 3/HB 369; Ga. L. 2010, p. 168, § 1/HB 571; Ga. L. 2011, p. 562, § 2/SB 139.
The 2011 amendment, effective July 1, 2011, added subsection (k). See editor’s note for applicability.
Cross references.
Petitions for alimony or child support when no divorce is pending, §§ 19-6-10 , 19-6-11 .
Filings in clerk’s office, Rules of the Supreme Court of the State of Georgia, Rule 1.
Application for leave to appeal final judgment, Rules of the Supreme Court of the State of Georgia, Rule 25.
Leave to appeal interlocutory order, Rules of the Court of Appeals of the State of Georgia, Rule 29.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1997, “(a) of this Code section” was substituted for “(a) of this Code Section” in the first sentence of subsection (j).
Editor’s notes.
Ga. L. 1986, p. 1591, § 3, not codified by the General Assembly, provided that that Act applies to actions filed or presented for filing on or after July 1, 1986, and to any action pending on July 1, 1986, with respect to any claim, defense, or other position which is first raised in the action on or after July 1, 1986.
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 132, 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 article surveying appellate practice and procedure, see 34 Mercer L. Rev. 3 (1982).
For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982).
For annual survey of domestic relations law, see 35 Mercer L. Rev. 127 (1983).
For article surveying recent developments in administrative law, see 37 Mercer L. Rev. 503 (1985).
For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).
For annual survey of appellate practice and procedure, see 38 Mercer L. Rev. 47 (1986).
For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).
For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986).
For article, “Battling the Many-Headed Hydra: Abusive Litigation Law in Georgia,” see 25 Ga. St. B.J. 65 (1988).
For article, “Intangible Tax Appeals After Blank v. Collins; The Uncertainty Continues,” see 27 Ga. St. B.J. 78 (1990).
For annual survey on law of domestic relations, see 42 Mercer L. Rev. 201 (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 administrative law, see 56 Mercer L. Rev. 31 (2004).
For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004).
For annual survey of Administrative Law, see 57 Mercer L. Rev. 1 (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 annual survey of criminal law, see 58 Mercer L. Rev. 83 (2006).
For survey article on appellate practice and procedure, see 59 Mercer L. Rev. 21 (2007).
For survey article on appellate practice and procedure, see 60 Mercer L. Rev. 21 (2008).
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, “Administrative Law,” see 63 Mercer L. Rev. 47 (2011).
For article, “Appellate Practice and Procedure,” see 63 Mercer L. Rev. 67 (2011).
For annual survey on domestic relations law, see 64 Mercer L. Rev. 121 (2012).
For annual survey on real property, see 64 Mercer L. Rev. 255 (2012).
For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012).
For article, “Division of Labor: The Modernization of the Supreme Court of Georgia and Concomitant Workload Reduction Measures in the Court of Appeals,” see 30 Ga. St. U.L. Rev. 925 (2014).
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 annual survey on administrative law, 68 Mercer L. Rev. 59 (2016).
For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).
For annual survey on local government law, see 70 Mercer L. Rev. 177 (2018).
For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018).
For annual survey on domestic relations, see 71 Mercer L. Rev. 83 (2019).
For annual survey on local government law, see 71 Mercer L. Rev. 189 (2019).
For annual survey on zoning and land use law, see 71 Mercer L. Rev. 363 (2019).
For annual survey on local government, see 73 Mercer L. Rev. 193 (2021).
For article with annual survey on administrative law, see 73 Mercer L. Rev. 1 (2021).
For note, “Restrictions on the Right to Direct Appeal under Georgia’s Appellate Practice Act,” see 21 Ga. St. B.J. 43 (1984).

Structure Georgia Code

Georgia Code

Title 5 - Appeal and Error

Chapter 6 - Certiorari and Appeals to Appellate Courts Generally

Article 2 - Appellate Practice

§ 5-6-30. Purpose of Article; Construction

§ 5-6-31. Entry of Judgment Defined

§ 5-6-32. Manner of Service of Notices and Other Papers Upon Parties; Waiver or Acknowledgment of Service

§ 5-6-33. Right of Appeal Generally

§ 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...

§ 5-6-35. Cases Requiring Application for Appeal; Requirements for Application; Exhibits; Response; Issuance of Appellate Court Order Regarding Appeal; Procedure; Supersedeas; Jurisdiction of Appeal; Appeals Involving Nonmonetary Judgments in Custody...

§ 5-6-36. Filing of Motion for New Trial and Motion for Judgment Notwithstanding Verdict Where Appeal Taken From Judgment, Ruling, or Order

§ 5-6-37. Filing and Contents of Notice of Appeal; Service of Notice Upon Parties to Appeal

§ 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

§ 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

§ 5-6-40. Enumeration of Errors

§ 5-6-41. Reporting, Preparation, and Disposition of Transcript; Correction of Omissions or Misstatements; Preparation of Transcript From Recollections; Filing of Disallowed Papers; Filing of Stipulations in Lieu of Transcript; Reporting at Party’s E...

§ 5-6-42. Procedure for Preparation and Filing of Transcript of Evidence and Proceedings Where Appellant Designates Matter to Be Omitted From Record on Appeal; Extensions of Time for Completion of Transcript

§ 5-6-43. Preparation and Transmittal of Record on Appeal by Court Clerk; Retention of Copy by Clerk; Furnishing at No Cost to Attorney General in Capital Cases; Notification Where Defendant Confined to Jail

§ 5-6-44. Authorization and Procedure Generally for Filing of Joint Appeals, Motions for New Trial, and Other Motions; Division of Costs Between Parties

§ 5-6-45. Operation of Notice of Appeal as Supersedeas in Criminal Cases; Bond; Review

§ 5-6-46. Operation of Notice of Appeal as Supersedeas in Civil Cases; Requirement of Supersedeas Bond or Other Security; Fixing of Amount; Procedure Upon No or Insufficient Filing; Effect of Bond as to Liability of Surety; Punitive Damages

§ 5-6-47. Operation of Notice of Appeal and Affidavit of Indigence as Supersedeas in Civil Cases; Procedure for Contests as to Truth of Affidavit

§ 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

§ 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

§ 5-6-50. Procedure Provided by Article Supersedes Former Appellate Procedure

§ 5-6-51. Forms