---
title: O.C.G.A. § 5-3-15. Transmittal of court records to reviewing court; petitions; orders.
collection: code
id: 5-3-15
cite_as: O.C.G.A. § 5-3-15 (2025)
canonical_url: https://georgiacommons.org/code/5-3-15
md_url: https://georgiacommons.org/code/5-3-15.md
text_url: https://georgiacommons.org/code/5-3-15/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t4-6-(v4)-pdf.pdf?sfvrsn=e24c7bd9_0#page=67
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: APPEAL AND ERROR / SUPERIOR AND STATE COURT APPELLATE PRACTICE
---

# O.C.G.A. § 5-3-15. Transmittal of court records to reviewing court; petitions; orders.

(a) Upon being served with a copy of the petition for review and unless otherwise ordered by the reviewing court, the clerk of the lower judicatory shall retain the original of the corresponding record and transmit a true copy of the record to the reviewing court within 30 days, or within fewer days if otherwise required by law, after the copy of the petition for review is served on the clerk of the lower judicatory.

(b) If known or reasonably believed to be the case, the clerk in the lower judicatory shall notify the reviewing court if a petitioner in a criminal case is confined in jail or otherwise incarcerated at the time the record is transmitted from the lower judicatory. Such notice shall accompany the record transmitted from the lower judicatory.

(c) If no record is available for transmission to the reviewing court, the clerk of the lower judicatory shall notify the lower judicatory accordingly so that further action may be taken pursuant to this chapter.

(d) If the clerk of the lower judicatory does not transmit the record to the reviewing court within 30 days after being served with a copy of the petition for review, the petitioner shall notify the reviewing court, which then shall order the clerk of the lower judicatory to promptly transmit the record or state the reason for the delay.

## History

Code 1981, § 5-3-15, enacted by Ga. L. 2022, p. 767, § 1-1/HB 916.