Georgia CommonsTitle 5. APPEAL AND ERROR · Chapter 6. CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY · Article 2. APPELLATE PRACTICE
5-6-40. Enumeration of errors.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
The appellant and cross appellant shall file with the clerk of the appellate court, at such time as may be prescribed by its rules, an enumeration of the errors which shall set out separately each error relied upon. The enumeration shall be concise and need not set out or refer to portions of the record on appeal. It shall be served upon the appellee or cross appellee in the manner prescribed in Code Section 5-6-32, need not have approval of the trial court, and when filed shall become a part of the record on appeal. The appellate court, by rule, may permit the enumeration to be made a part of the brief.
History
Ga. L. 1965, p. 18, § 14; Ga. L. 1965, p. 240, § 2; Ga. L. 1968, p. 1072, § 8.
Cross references
Briefs of appellant and cross appellant, Rules of the Supreme Court of the State of Georgia, Rule 39. Service on opposing parties, Rules of the Supreme Court of the State of Georgia, Rule 43. Argument and citation of authority, Rules of the Supreme Court of the State of Georgia, Rule 45. Judgments deemed included and presented, Rules of the Supreme Court of the State of Georgia, Rule 46. Filing of enumeration of errors, Rules of the Court of Appeals of the State of Georgia, Rule 5. Structure and content of appellate brief, Rules of the Court of Appeals of the State of Georgia, Rule 15.
Law reviews
For annual survey article discussing developments in criminal law, see 52 Mercer L. Rev. 167 (2000). For article, ‘‘‘May It Please the Court:’ Tips on Effective Appellate Advocacy from Start to Finish,’’ see 16 (No. 1) Ga. St. B.J. 28 (2010). For note discussing the reluctance of Georgia courts to grant appeals when overruled motion for new trial not enumerated as error in light of Hill v. Willis, 224 Ga. 263, 161 S.E.2d 281 (1968), see 5 Ga. St. B.J. 269 (1968). For comment on Crider v. State, 115 Ga. App. 347, 154 S.E.2d 743 (1967), see 4 Ga. St. B.J. 265 (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, page 656; 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.