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A CITIZEN’S GUIDE TO
FILING APPEALS IN THE
COURT OF APPEALS OF
GEORGIA
NOTES:
(1) This guide is for self-represented parties, or parties not represented by
attorneys.
(2) Parties must check the latest statutes and Court rules, as this guide may
not have the latest information.
November 2023
1
TABLE OF CONTENTS
1. Introduction ………………………………………………………………………………………………..4
2. Information about the Court of Appeals …………………………………………………………6
3. Basic Filing Procedures ……………………………………………………………………………….7
4. Appealing a Case: An Overview……………………………………………………………………9
5. Direct Appeals ………………………………………………………………………………………….12
6. Discretionary Applications …………………………………………………………………………17
7. Interlocutory Applications ………………………………………………………………………….20
8. Motions ……………………………………………………………………………………………………22
9. Helpful Resources ……………………………………………………………………………………..24
10. The Georgia Court System………………………………………………………………………….25
11. Frequently Asked Questions ……………………………………………………………………….27
12. Sample Forms
Form 1: Affidavit of Indigency (Pauper’s Affidavit) ………………………………32
Form 2: Certificate of Service ……………………………………………………………..35
Form 3: Discretionary/Interlocutory Application …………………………………..36
Form 4: Appellant’s Brief …………………………………………………………………..38
Form 5: Appellee’s Brief ……………………………………………………………………40
Form 6: Motion for Extension of Time to File a Brief ……………………………41
Form 7: Motion for Reconsideration…………………………………………………….42
Form 8: Motion to Supplement the Record……………………………………………44
Form 9: Request for Oral Argument …………………………………………………….45
Form 10: Motion to Withdraw Appeal……………………………………………………46
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Form 11: Notice of Intention to Petition for a Writ of Certiorari ……………….47
Form 12: Notice of Filing of Petition for a Writ of Certiorari ……………………48
Form 13: Notice of Appeal (Civil) …………………………………………………………49
Form 14: Notice of Appeal (Criminal)……………………………………………………51
13. Attachments
A. Checklist for Appellant’s Brief …………………………………………………………53
B. Checklist for Appellee’s Brief ………………………………………………………….56
C. Checklist for Discretionary Appeal Application………………………………….59
D. Checklist for Interlocutory Appeal Application ………………………………….61
E. Jurisdictional Statutes and Constitutional Provisions …………………………..63
F. OCGA § 5-6-34 Cases that Are Directly Appealable …………………………..65
G. OCGA § 5-6-35 Cases Requiring Application for Appeal ……………………67
H. Direct Appeal Outline ……………………………………………………………………..69
I. Applications Outline ……………………………………………………………………….71
J. Important Deadlines ………………………………………………………………………..72
K. Common Reasons Briefs or Motions Are Returned …………………………….73
L. Common Reasons Applications Are Returned ……………………………………75
M. Common Reasons Other Documents Are Returned …………………………….77
14. Glossary …………………………………………………………………………………………………..79
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*** AS OF APRIL 1, 2020, ALL SELF-REPRESENTED
LITIGANTS MAY E-FILE DOCUMENTS IN THEIR CASES IN
THE COURT OF APPEALS. PLEASE VISIT www.gaappeals.us and
follow the instructions on the lower right side of home page under
“eFiling” to register and upload your filings. You will need the case
number and your user ID from your docket notice from the Court of
Appeals to complete the registration. ***
1. INTRODUCTION
This guide is intended to help self-represented parties, or parties who represent themselves without
a lawyer, by providing basic information about the appeals process in Georgia and the steps that
must be taken in appealing to the Court of Appeals of Georgia. This guide is not legal advice and
may not be cited as legal authority. Parties are strongly encouraged to obtain a lawyer to represent
them in an appeal. The rules are complicated, and there are important deadlines that must be met.
The failure to follow rules or meet deadlines may – and often does – result in an appeal being lost
or dismissed. Such failures may also result in documents being returned to a party for correction.
For parties who decide to represent themselves, it is important to read – and understand – this
Court’s rules and the Georgia statutes (laws) regarding appeals. This guide should be used along
with those relevant Court rules and Georgia statutes, which will be referred to throughout this guide.
This guide is not all-inclusive, and it is not a substitute for reading and understanding the rules and
statutes.
You are not allowed to file pleadings (documents) on behalf of anyone other than yourself unless
you are a licensed attorney admitted to practice in this Court. A corporation must be represented
by a licensed attorney and may not be represented by a non-lawyer employee, director, or officer
of the corporation. See Eckles v. Atlanta Technology Group, Inc., 267 Ga. 801 (1997). Although
you have the constitutional right in Georgia to represent yourself, the unauthorized practice of law
– representing someone else – is forbidden and may subject you to criminal penalties. See OCGA
§ 15-19-51.
Contact by any party with a judge of this Court or any member of a judge’s staff about a pending
case is strictly forbidden. All communication with the Court must be by written documents filed
with the Clerk of Court, along with copies served upon (that is, delivered to by U.S. mail, in person,
or electronically) opposing counsel and any parties without lawyers. Also, staff of the Clerk’s
Office are not allowed to give you suggestions or legal advice or make any specific
recommendations about how to pursue an appeal or defend against an appeal.
Please note that all documents filed by self-represented parties may be filed in paper format
or (as of April 1, 2020 (see instructions at top of this page)) be e-filed. Self-represented parties
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may submit an e-mail address to the Clerk of Court to receive unofficial copies of opinions or
orders, but the Clerk is required by law to send you a written copy of these documents by U.S. mail.
Attorneys practicing in this Court must submit all documents electronically.
The laws of Georgia are put together in a series of books called the Official Code of Georgia
Annotated, or OCGA for short. In this guide, you will see references to specific sections of the
OCGA that relate to filing both a direct appeal that comes up from the trial court (OCGA Section
5-6-34 (a)), and an application to appeal that you file directly with the Court of Appeals (OCGA
Sections 5-6-34 (b) and 5-6-35). You will find a summary of OCGA Section 5-6-34 on pages 12
and 13, and a complete copy of that section of the law on pages 67 and 68. You will find a
summary of OCGA Section 5-6-35 on pages 17 through 19, and a complete copy of that law on
pages 69 and 70.
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2. INFORMATION ABOUT THE COURT OF APPEALS
The Court of Appeals of Georgia is the intermediate appellate court for the State of Georgia. The
Court of Appeals reviews appeals from the trial courts or lower courts when jurisdiction is not
exclusively reserved to the Supreme Court of Georgia or other courts. (See Section 10: the Georgia
Court System, in this guide). Cases come to the Court of Appeals in three ways: by direct appeals,
or appeals by right; by granted applications for discretionary appeal, or appeals the Court agrees to
hear at the end of a case; and granted applications for interlocutory appeal, or appeals before a trial
ends that the Court agrees to hear.
The Court of Appeals has fifteen judges, who are divided into five “divisions.” Each division has
three judges, one of whom is a presiding judge. Generally, an appeal will be decided only by those
three judges. All of the judges review the record, the briefs, and the relevant law. The judge
“assigned” to the case looks at the appeal first and writes a decision or order, then the other two
judges read the decision or order and agree or disagree with the first judge. In rare cases, such as
when the Court considers whether to change its case law or the issue is extremely important, all
fifteen judges of the Court will decide an appeal.
The Clerk’s Office of the Court of Appeals is open Monday through Friday from 8:30 a.m. to 4:30
p.m. The office is closed on state holidays and during extremely bad weather. We will post a notice
on the Court’s website, under the Announcements tab, when the office is closed because of bad
weather.
Website
www.gaappeals.us
Mailing Address
Court of Appeals of Georgia
Clerk of Court
330 Capitol Avenue, S.E.
1st Floor • Suite 1601
Atlanta, Georgia 30334
Telephone
404-656-3450
Rules of the Court of Appeals
www.gaappeals.us/rules-1-8
NOTE: When we refer to Rules in this guide, we mean the Rules of the Court of Appeals of
Georgia.
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3. BASIC FILING PROCEDURES
A.
FILING DOCUMENTS IN THE COURT OF APPEALS
All self-represented parties may submit documents in paper format or e-file. (Attorneys admitted
to practice in this Court must file all documents electronically.) Any document submitted to the
Court must be filed with the Clerk’s Office, be signed by the party or counsel, and contain a proper
certificate of service showing that it was served on (that is, delivered to by U.S. mail, in person, or
electronically) the opposing party or counsel. See the example of a certificate of service on Form
2. Only file one original of any paper document. See Rule 6.
Paper documents may be mailed to the Court of Appeals, sent by express mail or courier service,
or hand delivered. Fax filings are not accepted. Incarcerated parties (prisoners) who are
representing themselves on appeal may submit documents to prison officials to forward to the
Clerk’s Office. See Rule 4. As of April 1, 2020, self-represented parties may also e-file documents.
See www.gaappeals.us and “eFiling” for instructions to register to e-file.
The Clerk’s Office closes at 4:30 p.m. All paper filings must be submitted by that time.
B.
COSTS
The cost of filing a direct appeal or an application to appeal is $80 for criminal cases and $300 for
civil cases. Application costs must be paid when the application is filed. If you file a direct appeal,
you must pay the costs by the time you file your brief. Fees may be paid by credit card with any
electronic filing or by cash, check, or money order. See Rule 5.
The Clerk cannot accept an application or a brief for filing without the filing fee unless (1) it is
accompanied by an adequate pauper’s affidavit, (2) the self-represented party is incarcerated, or
(3) in represented cases, the attorney for the party was appointed due to the party’s indigence. If
the Court grants an application to appeal, another fee is not required when the subsequent direct
appeal is docketed in this Court and the brief is filed.
If you believe that you are unable to pay the filing fee because you do not have the money, you
must submit a sufficient notarized pauper’s affidavit along with the notice of appeal or application,
using the form on the Court’s website. This form is not necessary if you are in jail or prison. See
Rule 5. A sample pauper’s affidavit form is attached to this guide. See Form 1.
If a case is dismissed before you file your brief, you still must pay the fee when the Court sends a
bill.
C.
DOCKETING A DIRECT APPEAL
To start a direct appeal, a notice of appeal must be filed in the proper court, usually the trial court,
within the proper time limit, usually 30 days from the date the order or judgment being appealed
was filed (but within 7 days for dispossessory orders). When the notice of appeal is filed, the trial
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court clerk will prepare a copy of the record, as requested in the notice. The trial court clerk will
send the record and any transcripts to the Court of Appeals, along with a copy of the notice of
appeal. The Court of Appeals will not docket a direct appeal until it receives the record from the
trial court clerk in the proper format. See Rule 11. The final order of the trial court that is being
appealed must be included in the record and must have been stamped “filed” by the trial court clerk.
If the order does not contain the trial court clerk’s stamp, the Court of Appeals will return the notice
of appeal and record to the trial court.
Once the appeal is docketed, the Clerk of the Court of Appeals will send a notice to the parties or
their attorneys that the appeal has been received and docketed. This “Docketing Notice” is very
important because it contains the deadlines for filing briefs, requests to argue, and
calendaring information. Because this notice is sent by U.S. mail (or by e-mail for registered efilers), it is very important that you have provided the Court with a valid mailing address (and email address, if you are e-filing). The docketing notice should be read carefully. See Rule 13 and
Section 5 of this guide: Direct Appeals, for more detail about briefs.
You can check the status of your case online from the docket or see opinions of the Court on the
Court’s website at www.gaappeals.us/docket-search/. You can also review the record at the Clerk’s
Office.
D.
FILING AN APPLICATION TO APPEAL
Applications for discretionary appeal and applications for interlocutory appeal are filed directly
with the Court of Appeals, not the trial court. The application contains your arguments about why
the Court should grant your application, and you should include as exhibits any necessary parts of
the trial court record. A discretionary application must contain a copy of the signed order or
judgment being appealed that was stamped “filed” by the trial court clerk. See Rule 31 (c). An
interlocutory application must contain a signed copy of the order or judgment being appealed that
was stamped “filed” in the trial court and a stamped “filed” copy of a Certificate of Immediate
Review from the trial court. See Rule 30 (c); see also Section 6 in this guide: Discretionary
Applications, and Section 7 in this guide: Interlocutory Applications, for more detail.
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4. APPEALING A CASE: AN OVERVIEW
An appeal is a review of what happened in the lower court to determine whether the judge made
any mistakes of law and if so, whether you are entitled to relief. The Court of Appeals is bound by
the record from the trial court. This means that parties cannot give testimony before the Court of
Appeals or introduce new evidence that was not introduced in the trial court. The Court of Appeals
decides an appeal based only on the trial court record, the parties’ briefs, the law, and, sometimes,
the parties’ oral arguments.
There are three ways an appeal can come to the Court: direct appeals, granted discretionary
applications, and granted interlocutory applications. Appeals can be made to the Court of Appeals
or the Supreme Court of Georgia. Whether you should appeal to the Court of Appeals or the
Supreme Court, the deadlines that apply, and the rules to follow, depend on the type of case you
have.
It is important to follow the Georgia statutes regarding appellate procedure and the rules of
the Court of Appeals. Failure to do so may result in your appeal being dismissed or denied,
or your documents being returned to you. We strongly advise you to hire a lawyer to
represent you in this complex process, if possible.
When deciding how to pursue an appeal, consider the following questions:
1. WHAT TYPE OF APPEAL DO I FILE: A DIRECT APPEAL, A DISCRETIONARY
APPLICATION, OR AN INTERLOCUTORY APPLICATION?
a. Rulings that are directly appealable are set out in OCGA § 5-6-34 (a). See
Attachment F. If a ruling is directly appealable, a notice of appeal must be filed with
the trial court within the proper time frame.
b. Rulings that require discretionary applications are set out in OCGA § 5-6-35 (a). See
Attachment G. Discretionary applications are filed directly with this Court within
the proper time frame.
c. Interlocutory applications are required to appeal rulings before the case is over. A
party who wants to appeal an order before the case is over must ask the trial judge
to issue a certificate of immediate review and obtain that certificate within 10 days
after the order was issued. See OCGA § 5-6-34 (b), Attachment F. Interlocutory
applications are filed directly with this Court within the proper time frame.
2. WHERE DO I FILE THE APPEAL OR APPLICATION – IN THE COURT OF APPEALS
OR THE SUPREME COURT?
a. The Court of Appeals has jurisdiction in most types of cases. The Supreme Court
has jurisdiction in cases involving constitutional questions, murder, and habeas
corpus. The jurisdiction of each court is set out in Ga. Const., Article VI, Section
VI, Paragraphs II & III; Ga. Const., Article VI, Section V, Paragraph III; and OCGA
§ 15-3-3.1. See Attachment E.
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b. If you direct an appeal or application to the Court of Appeals but the Supreme Court
has jurisdiction, the Court of Appeals will transfer it to the Supreme Court, and vice
versa. You do not need to file your appeal or application in both courts.
3. WHAT IS THE DEADLINE FOR FILING?
a. Usually, a notice of appeal for a direct appeal must be filed within 30 days of the
entry of the order or judgment that is being appealed. The notice of appeal is filed
in the trial court, not in the Court of Appeals. See OCGA § 5-6-38.
b. Usually, a discretionary application must be filed within 30 days of the entry of the
order or judgment being appealed. See OCGA § 5-6-35 (d).
c. An interlocutory application must be filed within 10 days of the day the trial court
issues a certificate of immediate review. See OCGA § 5-6-34 (b).
d. To appeal a dispossessory order, the notice of appeal or application must be filed
within 7 days of the entry of the order. See OCGA § 44-7-56.
4. WHAT HAPPENS AFTER I FILE A DIRECT APPEAL?
a. After you file a notice of appeal in the trial court, the trial court clerk will prepare
the record, certify it is accurate, and send it to the Court of Appeals for filing. The
Court of Appeals will only docket the case when it receives the complete record.
Note: the trial court clerk will not prepare the record until the appellant pays
all copy costs to that court or is deemed a pauper by that court. Once the appeal
is docketed, the Court will send the parties a docketing notice. See Rule 13.
b. Upon receiving the docketing notice, the appellant must prepare and file a brief
– usually within 20 days – explaining the arguments for the appeal. See Rules
23, 24, and 25.
c. Then, the appellee (the party responding to the appeal) may file an appellee’s brief
that responds to the arguments in the appellant’s brief. See Rule 23 (b). The State
must file an appellee’s brief in a criminal case. In other cases, an appellee’s brief is
optional.
d. If the appellee files a brief, then the appellant may file a reply brief, but one is not
required. This shorter brief simply replies specifically to arguments made in the
appellee’s response brief. See Rule 23 (c). A reply brief is optional.
e. A panel of three judges will review the case and make a decision. The Court of
Appeals may dismiss the case, transfer the case, affirm the trial court decision, or
vacate or reverse the trial court decision. (Note: there are circumstances where the
number of judges deciding an appeal may change).
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5. WHAT HAPPENS AFTER I FILE A DISCRETIONARY APPLICATION OR
INTERLOCUTORY APPLICATION?
a. Your application contains your arguments about why you think the Court should
allow you to appeal. You must include a stamped “filed” copy of the Court’s order
and whatever parts of the record you think the Court needs to read.
b. The other side may file a response within 10 days, but is not required to do so.
c. The Court of Appeals may dismiss, transfer, grant, or deny the application. If the
application is granted, you have 10 days to file a notice of appeal in the trial
court.
6. WHAT CAN I DO IF I DISAGREE WITH THE DECISION OF THE COURT OF
APPEALS?
a. You may file a motion for reconsideration asking the Court to consider its decision
again. A motion for reconsideration must be e-filed or physically received in the
Clerk’s Office within 10 days of the Court’s decision. The Court may reduce
this time limit. See Rule 37.
b. You may also ask the Supreme Court of Georgia to review this Court’s decision by
filing a “notice of intention to petition for a writ of certiorari” in the Court of Appeals
and a petition for a writ of certiorari in the Supreme Court. The notice of intention
must be filed within 10 days after a decision is issued, or, if a motion for
reconsideration is filed, within 10 days after an order ruling on the motion for
reconsideration. A party may file the notice without first filing a motion for
reconsideration. After that, on the same day that you file the petition for a writ
of certiorari with the Supreme Court, you also must file a notice of filing a
petition for a writ of certiorari in the Court of Appeals. See Rule 38.
c. If you do not file a petition for a writ of certiorari, the Court of Appeals will issue a
document called a remittitur to the trial court, showing the final judgment of the
Court of Appeals. Once the remittitur is issued, jurisdiction of the case returns to the
trial court, and this Court no longer accepts any documents in your case. See Rule
39.
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5. DIRECT APPEALS: DETAILS
A.
CASES THAT ARE DIRECTLY APPEALABLE
The types of cases that may be appealed directly are set out in OCGA § 5-6-34 (a) (Attachment F),
which provides as follows:
Appeals may be taken to the Supreme Court and the Court of Appeals from the following
judgments and rulings of the superior courts, the Georgia State-wide Business Court, the
constitutional city courts, and such other courts or tribunals from which appeals are
authorized by the Constitution and laws of this state:
(1)
All final judgments, that is to say, where the case is no longer pending in the court
below, except as provided in Code Section 5-6-35 [cases requiring an application for
discretionary appeal];
(2)
All judgments involving applications for discharge in bail trover and contempt cases;
(3)
All judgments or orders directing that an accounting be had;
(4)
All judgments or orders granting or refusing applications for receivers or for
interlocutory or final injunctions;
(5)
All judgments or orders granting or refusing applications for attachment against
fraudulent debtors;
(6)
Any ruling on a motion which would be dispositive if granted with respect to a
[criminal] defense that the action is barred by Code Section 16-11-173 [regarding
weapons regulations and licensing];
(7)
All judgments or orders granting or refusing mandamus or any other extraordinary
remedy, except with respect to temporary restraining orders;
(8)
All judgments or orders refusing applications for dissolution of corporations created by
the superior courts;
(9)
All judgments or orders sustaining motions to dismiss a warning to the probate of a will;
(10) All judgments or orders entered pursuant to subsection (c) of Code Section 17-10-6.2
[regarding punishment for sexual offenses];
(11) All judgments or orders in child custody cases awarding, refusing to change, or
modifying child custody or holding or declining to hold persons in contempt of such
child custody judgment or orders;
(12) All judgments or orders entered pursuant to Code Section 35-3-37 [regarding review
of someone’s criminal record information]; and
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(13) All judgments or orders entered pursuant to Code Section 9-11-11.1 [regarding
dismissal of a complaint allegedly brought to inhibit freedom of speech].
If a party files an application when the party should have filed a direct appeal, the application will
be granted and the party may file a notice of appeal (in the trial court) within 10 days of the date
of the order granting the application. See OCGA § 5-6-35 (j), which is the statute that provides this
relief when an application for discretionary appeal is filed, and Spivey v. Hembree, 268 Ga. App.
485, 486, n. 1 (602 SE2d 246) (2004), which is the decision that provides this relief when an
application for interlocutory appeal is filed.
B.
FILING THE NOTICE OF APPEAL IN A DIRECT APPEAL
The notice of appeal is filed with the clerk of the trial court where the judgment or order
being appealed from was entered. It is not filed with the Court of Appeals.
Generally, the notice of appeal must be filed within 30 days of the entry of the order or judgment
that is being appealed. OCGA § 5-6-38. Generally, to appeal a dispossessory order, the notice of
appeal must be filed within 7 days of the entry of the order. OCGA § 44-7-56.
The entry date of the order or judgment is the date the order or judgment was filed and clocked in
by the trial court clerk (this may be different from the date in the judge’s signature line).
Under OCGA § 5-6-37 and Rules 2 and 6, the notice of appeal filed with the trial court must
contain:
(1) The title and lower court docket number of the case;
(2) The name, complete address, telephone number, and e-mail address (if any) of the appellant,
or the name, address, e-mail address, and bar number of appellant’s attorney, if any;
(3) A short description of the judgment/order/ruling the appellant wants to appeal (it also is
helpful to include the date of the judgment),
(4) The name of the court appealed to (the Court of Appeals of Georgia or the Supreme Court
of Georgia);
(5) A designation (identification) of what portions of the record are to be omitted from (left out
of) the trial court record on appeal, if any;
(6) Whether or not transcripts of trials or hearings will be included;
(7) A short statement of why the Court of Appeals has jurisdiction rather than the Supreme
Court; and
(8) A brief statement of the offense and the sentence if the appeal is from a judgment of
conviction in a criminal case.
13
(9) The notice of appeal must include a proper certificate of service. The certificate of
service must state that the opposing party or attorney was served with a copy either by U.S.
Mail, electronically, or in person, and must contain the complete addresses of all opposing
parties or attorneys. Without these complete addresses, the Court will be unable to send the
docketing notices, and it will return the notice of appeal and record to the trial court. The
notice must also say that the other side agrees to accept service electronically, if that is the
method used. See Rule 6.
The notice of appeal must also be signed by the appellant if self-represented, or by the attorney, if
any, and must include the appellant’s complete address and telephone number. If the appellant
requests a transcript, he or she must communicate with the lower court clerk and court
reporter to handle the preparation and filing of that transcript. See Rule 17. Typically, the
appellant must pay the cost of preparing the transcript to the lower court clerk.
C.
BRIEFS
1) The Appellant’s Brief
As the appellant, you make your argument in your written brief. The brief explains what judgments
or orders are being appealed, why the trial court made a legal mistake in making those judgments
or orders, and what the appellant wants the Court of Appeals to do if it agrees that the trial court
made a mistake. See Rule 25 (a).
The appellant must file a brief – one original only (no copies) – with the Court of Appeals within
20 days of the docketing date, which is included in the docketing notice the Court sends you. If you
don’t file a timely brief, the Court will likely dismiss your appeal and possibly hold you in contempt
of court. You must file a brief in each case that is docketed, even if multiple appeals relate to the
same lower court case. See Rule 23 (a).
The brief must follow the rules of the Court of Appeals and be served via U.S. Mail, in person, or
electronically with agreement upon opposing counsel or parties. See Rule 6. A proper certificate of
service must be attached to the brief or the brief will be rejected by the Court and returned to the
party. A returned brief does not toll (delay or extend) the time for submitting a brief.
The appellant may use only the information in the appellate record and transcripts to prepare the
statement of facts. For every statement of fact there should be a citation or reference to a page in
the record or transcript that supports that factual statement. See Rule 25 (a). Do not attach
documents or exhibits to the brief, or the Court will reject it and send it back. See Rule 24 (g).
Self-represented parties may file either a paper copy or an e-filed copy of their briefs. Paper briefs
are limited to 30 pages in civil cases and 50 pages in criminal cases. E-filed briefs are limited to
8,400 words in civil cases and 14,000 words in criminal cases and require a statement certifying
that the word count is within the limit. Tables of contents, tables of citations, cover sheets, and
certificates of service and of compliance with the word count limit do not count toward the page or
word count limit. See Rule 24.
14
The appellant’s brief should contain the following information (see Rules 24 and 25, Form 3,) and
must contain, at a minimum, items (3), (4), (5), (7), and (8):
(1) Part One should include a table of contents and table of cited authorities, with page
references;
(2) Part Two contains a concise introduction setting out the key issues and arguments on appeal;
(3) Part Three contains a concise jurisdictional statement that identifies the basis for this
Court’s jurisdiction (OCGA §§ 5-6-34 and 5-6-35), the basis for this Court’s jurisdiction
instead of the Supreme Court (Ga. Const. Art. VI, Sec. VI, Pars. II, III; OCGA § 15-3-3.1),
and the filing dates establishing the appeal is timely (the date of the order appealed and the
date of the notice of appeal) (OCGA §§ 5-6-38 and 5-6-39).
(4) Part Four contains the enumerations (listing) of the errors made by the trial court;
(5) Part Five contains the facts of the dispute and should include a statement of the proceedings
in the trial court, the relevant facts of the case with citations to the record or transcript, and
the method by which each listed error was preserved (that is, raised and ruled on) in the trial
court for consideration on appeal;
(6) Part Six contains a summary of the argument that presents plainly each argument in the
order presented in the body of the brief;
(7) Part Seven contains the argument for why the trial court was wrong, and citations to cases,
statutes, and other legal authorities supporting the argument and the appropriate standard of
review; and
(8) A dated, signed certificate of service stating that the appellant served the opposing parties
with a copy of the brief either by U. S. Mail, in person, or by electronic service with
permission, and which includes the other side’s complete address. See Rule 6.
For an additional checklist for the appellant’s brief and a sample appellant’s brief, see Attachment
A and Form 3 at the end of this guide.
2) The Appellee’s Brief
The appellee has 40 days from the docketing date or 20 days after the appellant’s brief is filed,
whichever is later, to file his or her brief. Only the State in a criminal case is required to file an
appellee’s brief. The appellee must file one original of this brief for each appeal. See Rule 23 (b),
Form 4.
The appellee’s brief responds to the issues raised by the appellant, showing why the appellant’s
arguments are incorrect and providing supp
