Georgia Code
Article 2 - Appellate Practice
§ 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 on appeal. It shall be served upon the appellee or cross appellee in the manner prescribed in Code Section 5-6-32, need not have approval of the trial court, and when filed shall become a part of the record on appeal. The appellate court, by rule, may permit the enumeration to be made a part of the brief.
History. Ga. L. 1965, p. 18, § 14; Ga. L. 1965, p. 240, § 2; Ga. L. 1968, p. 1072, § 8.
Cross references.
Briefs of appellant and cross appellant, Rules of the Supreme Court of the State of Georgia, Rule 39.
Service on opposing parties, Rules of the Supreme Court of the State of Georgia, Rule 43.
Argument and citation of authority, Rules of the Supreme Court of the State of Georgia, Rule 45.
Judgments deemed included and presented, Rules of the Supreme Court of the State of Georgia, Rule 46.
Filing of enumeration of errors, Rules of the Court of Appeals of the State of Georgia, Rule 5.
Structure and content of appellate brief, Rules of the Court of Appeals of the State of Georgia, Rule 15.
Law reviews.
For comment on Crider v. State, 115 Ga. App. 347 , 154 S.E.2d 743 (1967), see 4 Ga. St. B.J. 265 (1967).
For note discussing the reluctance of Georgia courts to grant appeals when overruled motion for new trial not enumerated as error in light of Hill v. Willis, 224 Ga. 263 , 161 S.E.2d 281 (1968), see 5 Ga. St. B.J. 269 (1968).
For annual survey article discussing developments in criminal law, see 52 Mercer L. Rev. 167 (2000).
For article, “ ‘May It Please the Court:’ Tips on Effective Appellate Advocacy from Start to Finish,” see 16 (No. 1) Ga. St. B.J. 28 (2010).

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