---
title: O.C.G.A. § 38-3-64. Appeal rights of adversely affected parties; cost of appeal borne by state.
collection: code
id: 38-3-64
cite_as: O.C.G.A. § 38-3-64 (2025)
canonical_url: https://georgiacommons.org/code/38-3-64
md_url: https://georgiacommons.org/code/38-3-64.md
text_url: https://georgiacommons.org/code/38-3-64/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-pdf.pdf?sfvrsn=6f93000f_0#page=179
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / EMERGENCY MANAGEMENT / EMERGENCY POWERS / JUDICIAL EMERGENCY
---

# O.C.G.A. § 38-3-64. Appeal rights of adversely affected parties; cost of appeal borne by state.

(a) Any person whose rights or interests are adversely affected by an order declaring the existence of a judicial emergency or any modification or extension of such an order shall be entitled to appeal.

(b) A petition for review shall be filed no later than 45 days after the expiration of the judicial emergency order, or any modification or extension of a judicial emergency order, from which an appeal is sought. A petition for review shall be filed with the clerk of a superior court in any jurisdiction affected by the order and shall be served upon:

(1) The authorized judicial official who issued the order;

(2) The parties to any criminal proceeding or civil litigation in which the appellant is involved which would be affected by the appeal;

(3) The district attorney of the county in which the petition for review is filed; and

(4) All other parties in any criminal proceeding or civil litigation which would be affected by the appeal; provided, however, that service in this regard shall be accomplished by publishing notice of the filing of the appeal in the newspaper which is the legal organ for the county in which the petition for review is filed.

(c) The appeal shall be heard immediately by the Georgia Court of Appeals under the procedure of emergency motions. A party dissatisfied by the judgment of the Georgia Court of Appeals may appeal as a matter of right to the Georgia Supreme Court. Filing fees for these appeals shall be waived. All costs of court shall be borne by the state. Appeals shall be heard expeditiously.

## History

Code 1981, § 38-3-64, enacted by Ga. L. 2004, p. 420, § 3; Ga. L. 2022, p. 767, § 2-30/HB 916.

## Editor's Notes

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

## Amendments

The 2022 amendment, effective July 1, 2023, substituted “petition for review” for “notice of appeal” twice in the introductory language of subsection (b) and in paragraph (b)(3), and substituted “petition for review” for “notice of the appeal” in paragraph (b)(4). See Editor’s notes for applicability.