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 the name and address of his attorney; a concise statement of the judgment, ruling, or order entitling the appellant to take an appeal; the court appealed to; a designation of those portions of the record to be omitted from the record on appeal; a concise statement as to why the appellate court appealed to has jurisdiction rather than the other appellate court; and, if the appeal is from a judgment of conviction in a criminal case, a brief statement of the offense and the punishment prescribed. The appeal shall not be dismissed nor denied consideration because of failure to include the jurisdictional statement or because of a designation of the wrong appellate court. In addition, the notice shall state whether or not any transcript of evidence and proceedings is to be transmitted as a part of the record on appeal. Approval by the court is not required as a condition to filing the notice. All parties to the proceedings in the lower court shall be parties on appeal and shall be served with a copy of the notice of appeal in the manner prescribed by Code Section 5-6-32.
History. Ga. L. 1965, p. 18, § 4; Ga. L. 1966, p. 493, § 2; Ga. L. 1973, p. 303, § 1.
Cross references.
Filings in clerk’s office, Rules of the Supreme Court of the State of Georgia, Rule 1.
Filing notice of appeal and cross appeal, Rules of the Supreme Court of the State of Georgia, Rule 38.
Filing with clerk’s office, Rules of the Court of Appeals of the State of Georgia, Rule 1.
Filing of papers, Rules of the Court of Appeals of the State of Georgia, Rule 5.
Notices of appeal and cross appeal, Rules of the Court of Appeals of the State of Georgia, Rule 33.
Law reviews.
For annual survey of appellate practice and procedure, see 43 Mercer L. Rev. 73 (1991).
For annual survey of appellate practice and procedure, see 56 Mercer L. Rev. 61 (2004).
For survey article on appellate practice and procedure, see 59 Mercer L. Rev. 21 (2007).
For annual survey of law on appellate practice and procedure, see 62 Mercer L. Rev. 25 (2010).
Structure Georgia Code
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
§ 5-6-33. Right of Appeal Generally
§ 5-6-37. Filing and Contents of Notice of Appeal; Service of Notice Upon Parties to Appeal
§ 5-6-40. Enumeration of Errors
§ 5-6-45. Operation of Notice of Appeal as Supersedeas in Criminal Cases; Bond; Review
§ 5-6-50. Procedure Provided by Article Supersedes Former Appellate Procedure