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Questions about filing an appeal in Georgia

I need to file an...

I need to file an appeal in the State of Georgia, but it isn't clear which forms I need to fill out and what it needs to contain. This is my "first" step in the appeals process so I am unsure what all I need to provide.


 


An example of an application, brief, etc. would be great.

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Answered in 24 minutes by:
11/8/2012
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Thank you for your question.

First, I need to know what kind of case you are appealing and what your reasons for appeal are.

I look forward to hearing back from you.

-ZDN
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Customer reply replied 5 years ago

Hi ZDN. This is a divorce ruling. There are several components of the ruling that are counter to precedent that I need to appeal, but it isn't clear how I need to form this document to turn in to the clerk of courts.

Ok.

Let's start with some basics and then we will work through it together.

An appeal is only generally allowed when a judgment is final, and only under certain specific conditions.

1. Has the Court issued a final judgment?

2. If so, how long ago did the court issue the final judgment?

Thanks,
ZDN
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Customer reply replied 5 years ago

1. The court issued a final judgement (from what I can tell looking at the database), though I have not received anything. Shouldn't I receive the final judgement? Opposing council generated the document and I commented on it and it went to the judge and I requested a hearing on the matter. However when I look at the court docket, it is listed as closed.


 


2. I've still got 3 days in the 30 day window to file my application. I would file a motion to extend, but I can't find that document online either.

OK.

The first is to file a Motion for a New Trial. This extends the appellate deadlines until 30 days after the date the court rules on the Motion for a New Trial. Assuming that the court overrules the motion, then you would

I am not aware of a form for the motion for new trial. However, it is generally a pre-requisite to any appeal to file a motion for new trial, pointing out the errors you believed were committed by the trial court and requesting that the trial occur again.

If you believe that the jury made an error rather than the trial court, you need to file a motion to modify the jury verdict and show why it needs to be modified. I am not aware of any form for this motion either that is publicly available on line, although one might be available at your county law library or in the law library of a nearby law school.

Nevertheless, it is not necessary to use a form. Simply state the request "Movant respectfully XXXXX XXXXX court for a new trial based on the following: xyz, etc."

After you've gone through these motions (and been denied), then you will file a Notice of Appeal with the trial court.

A great guide to Georgia appeals is located at:

http://www.alston.com/Files/Publication/c6777bfa-5041-4e23-aa55-27415f9eac75/Presentation/PublicationAttachment/fbbf6731-53c3-45ae-90b2-e1e59cf718a6/Appellate-Handbook-1.pdf

For a Notice of Appeal form, contact the court clerk to see if there is a specific one that the courts like you to use.

Please let me know if you need further information.

-ZDN
TexLaw
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Satisfied Customers: 4,430
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