---
title: O.C.G.A. § 5-6-47. Operation of notice of appeal and affidavit of indigence as supersedeas in civil cases; procedure for contests as to truth of affidavit.
collection: code
id: 5-6-47
cite_as: O.C.G.A. § 5-6-47 (2025)
canonical_url: https://georgiacommons.org/code/5-6-47
md_url: https://georgiacommons.org/code/5-6-47.md
text_url: https://georgiacommons.org/code/5-6-47/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t4-6-(v4)-2013-pdf.pdf?sfvrsn=8c0a1199_0#page=719
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/5-6.md
previous: https://georgiacommons.org/code/5-6-46.md
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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 / CERTIORARI AND APPEALS TO APPELLATE COURTS GENERALLY / APPELLATE PRACTICE
---

# O.C.G.A. § 5-6-47. Operation of notice of appeal and affidavit of indigence as supersedeas in civil cases; procedure for contests as to truth of affidavit.

(a) In all civil cases where the party taking an appeal files an affidavit stating that because of his indigence he is unable to pay costs or to post a supersedeas bond, if any, as may be required by the trial judge as provided in Code Section 5-6-46, the notice of appeal and affidavit of indigence shall act as supersedeas.

(b) Any party at interest or his agent or attorney may contest the truth of the affidavit of indigence by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the trial court under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.

## History

Ga. L. 1965, p. 18, § 9; Ga. L. 1966, p. 723, § 1.

## Cross References

Supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12. Filing notice of appeal and cross appeal, Rules of the Supreme Court of the State of Georgia, Rule 38. Supersedeas, Rules of the Court of Appeals of the State of Georgia, Rule 50.

## Law Reviews

For article, ‘‘The Appellate Procedure Act of 1965,’’ see 1 Ga. St. B.J. 451 (1965). For article, ‘‘1966 Amendments to the Appellate Procedure Act of 1965,’’ see 2 Ga. St. B.J. 433 (1966).