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Georgia Appellate Practice (O.C.G.A. Title 5, Chapter 6) – 2026

The Appellate Practice Act and the general provisions that surround it — the statute that decides how a case reaches the Supreme Court of Georgia or the Court of Appeals, and whether it may. Section 5-6-34 lists the judgments from which an appeal may be taken directly, and section 5-6-35 the cases in which an application for discretionary appeal is required instead; getting that choice wrong is jurisdictional, and between them those two sections decide it. Section 5-6-37 governs the notice of appeal and section 5-6-38 the cross appeal, section 5-6-39 extensions of time, and section 5-6-39.1 the out-of-time appeal. Sections 5-6-40 to 5-6-44 cover the enumeration of errors and the record and transcript on appeal, and section 5-6-45 supersedeas in criminal cases. Article 1 adds the appellate courts' own practice: costs, the form and entry of decisions, the remittitur, and the disposition of a case where a party dies pending appeal.

Browse all 39 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

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Chapter 6. Certiorari and Appeals to Appellate Courts Generally

Chapter 6. Certiorari and Appeals to Appellate Courts Generally

§ 5-6-1 Appearance before court of interested third parties § 5-6-2 Disposition of transcript in appellate court § 5-6-3 Filing of briefs on court order where cases not disposed of during term § 5-6-4 Bill of costs § 5-6-5 Entry of judgment for costs on reversal § 5-6-6 Damages for frivolous appeal § 5-6-7 No decisions to be rendered ore tenus § 5-6-8 Entry of decision on minutes § 5-6-9 Transmittal of opinion to lower court generally § 5-6-10 Transmittal of remittitur to lower court generally § 5-6-11 Issuance of remittitur in cases involving death penalty § 5-6-12 Cessation of supersedeas and issuance of execution upon affirmance of judgment of lower court § 5-6-13 Granting of supersedeas in cases of contempt § 5-6-14 Execution of extraordinary orders § 5-6-15 Certiorari from Supreme Court to Court of Appeals § 5-6-16 Time for appeal by personal representative where party dies after trial § 5-6-30 Purpose of article § 5-6-31 Entry of judgment defined § 5-6-32 Manner of service of notices and other papers upon parties § 5-6-33 Right of appeal generally § 5-6-34 Judgments and rulings deemed directly appealable § 5-6-35 Cases requiring application for appeal § 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 § 5-6-38 Time of filing notice of appeal § 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 § 5-6-39.1 Out-of-time motion for new trial or notice of appeal § 5-6-40 Enumeration of errors § 5-6-41 Reporting, preparation, and disposition of transcript § 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 § 5-6-43 Preparation and transmittal of record on appeal by court clerk § 5-6-44 Authorization and procedure generally for filing of joint appeals, motions for new trial, and other motions § 5-6-45 Operation of notice of appeal as supersedeas in criminal cases § 5-6-46 Operation of notice of appeal as supersedeas in civil cases § 5-6-47 Operation of notice of appeal and affidavit of indigence as supersedeas in civil cases § 5-6-48 Grounds for dismissal of appeal § 5-6-49 Bills of exceptions, exceptions pendente lite, assignments of error abolished § 5-6-50 Procedure provided by article supersedes former appellate procedure § 5-6-51 Forms