Georgia Commons

Official Code of Georgia Annotated

Title 5. APPEAL AND ERROR · Chapter 6. CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY · Article 2. APPELLATE PRACTICE

5-6-39. Extensions of time for filing notice of appeal, notice of cross appeal, transcript of evidence, designation of record and other similar motions.

Active

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

  1. (a)

    Any judge of the trial court or any justice or judge of the appellate court to which the appeal is to be taken may, in his discretion, and without motion or notice to the other party, grant extensions of time for the filing of:#

    1. (1)

      Notice of appeal;#

    2. (2)

      Notice of cross appeal;#

    3. (3)

      Transcript of the evidence and proceedings on appeal or in any other instance where filing of the transcript is required or permitted by law;#

    4. (4)

      Designation of record referred to under Code Section 5-6-42; and#

    5. (5)

      Any other similar motion, proceeding, or paper for which a filing time is prescribed.#

  2. (b)

    No extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict.#

  3. (c)

    Only one extension of time shall be granted for filing of a notice of appeal and a notice of cross appeal, and the extension shall not exceed the time otherwise allowed for the filing of the notices initially.#

  4. (d)

    Any application to any court, justice, or judge for an extension must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order. The order granting an extension of time shall be promptly filed with the clerk of the trial court, and the party securing it shall serve copies thereof on all other parties in the manner prescribed by Code Section 5-6-32.#

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. 1965, p. 18, § 6.

Cross references

Extension of expiration date, Rules of the Supreme Court of the State of Georgia, Rule 3. Postmark date, Rules of the Supreme Court of the State of Georgia, Rule 4. Certification and transmittal of transcript and record, Rules of the Supreme Court of the State of Georgia, Rule 15. Objection to failure to comply with Appellate Practice Act, Rules of the Supreme Court of the State of Georgia, Rule 20. Filing notice of appeal and cross appeal, Rules of the Supreme Court of the State of Georgia, Rule 38. Extension of expiration dates, Rules of the Court of Appeals of the State of Georgia, Rule 3. Extensions of time for filing, Rules of the Court of Appeals of the State of Georgia, Rule 28. Notices of appeal and cross appeal, Rules of the Court of Appeals of the State of Georgia, Rule 33.

Law reviews

For article, ‘‘Insuring a Party’s Second Chance,’’ see 16 Ga. St. B.J. 177 (1980). For article surveying appellate practice and procedure, see 34 Mercer L. Rev. 3 (1982). For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012). For comment on Davis v. Davis, 222 Ga. 579, 151 S.E.2d 123 (1966), see 4 Ga. St. B. J. 259 (1967).

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, pages 647 to 648; merge action: annotated; file SHA-256 290d3a1d6843.

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