Official Code of Georgia Annotated

Title 5. APPEAL AND ERROR · Chapter 6. CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY · Article 1. GENERAL PROVISIONS

5-6-13. Granting of supersedeas in cases of contempt.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A judge of any trial court or tribunal having the power to adjudge and punish for contempt shall grant to any person convicted of or adjudged to be in contempt of court a supersedeas upon application and compliance with the provisions of law as to appeal and certiorari, where the person also submits, within the time prescribed by law, written notice that he intends to seek review of the conviction or adjudication of contempt. It shall not be in the discretion of any trial court judge to grant or refuse a supersedeas in cases of contempt.#
(b)
This Code section shall not apply to contempt in the presence of the court during the progress of a proceeding.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1939, p. 260, § 1.

Cross references

Supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12. Supersedeas, Rules of the Court of Appeals of the State of Georgia, Rule 50.

Law reviews

For article, ‘‘Jury Trials in Contempt Cases,’’ see 20 Ga. B.J. 297 (1957).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t4-6-(v4)-2013-pdf.pdf, Volume V4, 2013 edition, page 494; merge action: annotated; file SHA-256 290d3a1d6843.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.