A CITIZEN'S GUIDE TO FILING APPEALS IN THE COURT OF APPEALS OF GEORGIA July 1, 2009‘A CITIZEN'S GUIDE T0 Fil ING APPEALS IN THE COURT OF APPEALS OF GEORGIA This pamphlet is designed primarily for partes representing themselves without the assistance of ‘lawyer. It sets out the basic procedural steps that must be followed in appealing fo the Court of Appeals of Georgia. THIS PAMPHLET IS NOT LEGAL ADVICE AND MAY NOT BE CITED ASLEGAL AUTHORITY. The pamphlet shouldbe used in conjunction withthe state statutes and court rules. The rules are available from the Clerk's Office or the Courts website at swurw.zaappeals.us. The rules are subject to change at any time, The most current version will be Posted on the Court web page. The Georgia Code (statutes) are available on the web at Self-represented (pro se) parties are encouraged to sock legal representation. However, if parties are unable to afford legal representation and desire to pursue their own appeal, then reading, the Appellate Practice Act, Title 5, Chapter 6 of the Official Code of Georgia Annotated is important. ‘These statutes can be found in County aw libraries, law school libraries and many public libraes. Contact by any party with a judge ofthis Court orany member ofa judge's stafTis strictly forbidden. All communication with the Court shall be by written pleadings (documents filed with the Cour, ‘with service to opposing counsel, or oral or written communications with the clerk of this Court oF the clerks staff. you have specific questions about rules or procedures of the Court of Appeals of Georgia, you may cll the Clerk's Office and he staff will assist you. However, you must rememiser that empioyees of the Court of Appeals of Georgia are not permitted to give legal advice or make specific recommendations to youon how you should pursue your claims on appeal or defend against an appeal. ‘You are not permitted to file pleadings on behalf of anyone other than yourself unless you are @ licensed attorney admitted to practice in this Court. A corporation mustbe represented by a licensed attorney and may not be represented by an employee or officer of the corporation. See Eckles v, Atlanta Technology Group, Ine.,267 Ga. 801 (1997), While you have the constitutional right inthe State of Georgia to represent yourself, the unauthorized practice of law in Georgia is forbidden and ‘may subject you to criminal penalties. See OCGA § 15-19-51, ‘TERMS WHICH YOU SHOULD KNOW APPEAL - A review by the Court of Appeals of Georgia of what happened in the tial court to determine whether any mistakes of law occurred, and ifs, whether the party who filed the appeal is entitled to have the judgment ofthe trial court reversed, vacated, remanded (sent back tothe trial court for further proceedings) or otherwise changed. APPELLANT - A party who appeals from the tral courts decision,APPELLEE - A party against whom an appeal is taken and who responds tothe appeal. BRIEF - A written statement that explains the arguments of a party to an appeal CERTIFICATE OF SERVICE - A statement by a party that he or she has served (delivered to or provided) the opposing party with a copy of a document prior to its fling with the Court. The Certificate of Service must be dated and signed by the party filing the document and it must coatain the name and complete address of the opposing party. No document will be accepted for filing without a Centificate of Service. DISCRETIONARY APPLICATION - There are certsn types of cass in which a party dees not hhave the right toa direct appeal, but must first obtain permission to flea direct appeal by means of ‘an application, Most of these case types and the procedures that must be followed to file an application for discretionary appeal are set out in OCGA § 5-6-35. OCGA § 42-12-I (the Prisoner Litigation Reform Act of 1996) sets out another type of case which must be initiated by fling @ siscretionary application. ENUMERATION OF ERRORS- The Enumeration of Errorsis the portion ofthe appellants brie ‘which states specifically what the appealing party claims is error committed by the trial court and sates the place in the record or transcript where the error occurred. This should be Part IT of the appellants brief, INTERLOCUTORY APPLICATION - An interlocutory application is a request o the Cour of ‘Appeals wy pein an appeal w be filed from an order ofthe ral court even though the wal court hhas not yet entered its final order or judgment in the case JURISDICTION - The power or authority given the Court of Appeals by the Georgia Constitution and laws ofthis State to hear and determine a particular type of case on appeal. For the jurisdiction of the Supreme Court of Georgia and the Court of Appeals of Georgia, see Art, VI, Sec. V, Para MLand Ar. VI, Sec. VI, Para. I through VI of the 1983 State Constitution, MOTION - A written request asking the Court to take some action or issue @ specific ruling or order. MOTION FOR RECONSIDERATION - This motion isa written request by a party asking the ‘Court to reconsider one of its orders or opinions. Motions for Reconsideration must be physically filed with the Court within 10 days of the date the order or opinion to be reconsidered was issued NOTICE OF APPEAL -The document which is required to be filed inthe trial court to initiate @ direct appeal. In most cases, it must be filed within 30 days of the entry ofthe order or judgment of the trial court being appealed. For forms of Notices of Appeals, see OCGA § §-6-51; also Form Tof this booklet NOTICE OF INTENT - A document which is filed with the Court of Appeals to alert the Court that a party intends to apply for a Writ of Certiorari with the Supreme Cour, ic, request the ‘Supreme Court to review the decision of the Court of Appeals. See Form 3