---
title: O.C.G.A. § 5-3-8. Filing of response; timing; amendment; service.
collection: code
id: 5-3-8
cite_as: O.C.G.A. § 5-3-8 (2025)
canonical_url: https://georgiacommons.org/code/5-3-8
md_url: https://georgiacommons.org/code/5-3-8.md
text_url: https://georgiacommons.org/code/5-3-8/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=60
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.
up: https://georgiacommons.org/code/5-3.md
previous: https://georgiacommons.org/code/5-3-7.md
next: https://georgiacommons.org/code/5-3-9.md
index: https://georgiacommons.org/code/index.md
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. § 5-3-8. Filing of response; timing; amendment; service.

(a) The respondent shall file a response to a petition for review with the reviewing court within 30 days after being served with a copy of the petition for review. If a de novo proceeding is required as specified in subsection (b) of Code Section 5-3-5, the response shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the respondent.

(b) A cross appeal or counterclaim shall not require a response, unless one is required by order of the court, and shall automatically stand denied.

(c) A reply, if any, shall be filed by the petitioner within 30 days after being served with a copy of the respondent’s response. If a de novo proceeding is required as provided in subsection (b) of Code Section 5-3-5, the petitioner’s reply shall include any counterclaim, cross appeal, defense, or third-party claim asserted by the petitioner.

(d) A party may amend a petition for review, response, or reply under this chapter as a matter of course and without leave of the reviewing court at any time before the entry of a pretrial order or before a hearing on the merits is held by the reviewing court, whichever shall first occur. Thereafter, a party may amend a petition for review, response, or reply only by leave of the reviewing court or by written consent of each adverse party. Such leave shall be freely given by the reviewing court if justice so requires.

(e) A party shall serve a copy of any pleading filed with the reviewing court on all parties to the proceeding.

## History

Code 1981, § 5-3-8, enacted by Ga. L. 2022, p. 767, § 1-1/HB 916.