Official Code of Georgia Annotated

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

5-6-51. Forms.

Active

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

The following suggested forms are declared to be sufficient, but any other form substantially complying therewith shall also be sufficient:
(1)
Notice of appeal — Civil cases.#
1. IN THE COURT OF COUNTY
2. STATE OF GEORGIA
3. )
4. Plaintiffs )
5. )
6. v. ) Civil action
7. ) File no.
8. )
9. )
10. Defendants )
11. NOTICE OF APPEAL
12. Notice is hereby given that and , defendants above-named, hereby appeal to the (Court of Appeals or Supreme Court) from the (describe order or judgment) entered in this action on (date) , . Motion for new trial (or motion for judgment n.o.v., etc.) was filed and overruled (or granted, etc.) on (date) , .
13. The clerk will please omit the following from the record on appeal:
14. 1.
15. 2.
16. 3.
17. Transcript of evidence and proceedings will/will not be filed for inclusion in the record on appeal.
18. This court, rather than the (Court of Appeals or Supreme Court) has jurisdiction of this case on appeal for the reason that . Dated: .
19. Attorney for appellants Address (CERTIFICATE OF SERVICE)
(2)
Notice of appeal — Criminal cases.#
1. IN THE COURT OF COUNTY
2. STATE OF GEORGIA
3. )
4. The State (etc.) )
5. )
6. ) (Indictment)
7. v. ) (Accusation)
8. ) No.
9. )
10. Defendant )
11. NOTICE OF APPEAL
12. Notice is hereby given that , defendant above-named, hereby appeals to the (Court of Appeals or Supreme Court) from the judgment of conviction and sentence entered herein on (date) , .
13. The offense(s) for which defendant was convicted is (are) , and the sentence(s) imposed is (are) as follows: .
14. Motion for new trial (or motion in arrest of judgment, etc.) was filed and overruled on (date) , .
15. The clerk will please omit the following from the record on appeal:
16. 1.
17. 2.
18. 3.
19. Transcript of evidence and proceedings will/will not be filed for inclusion in the record on appeal.
20. This court, rather than the (Court of Appeals or Supreme Court) has jurisdiction of this case on appeal for the reason that . Dated: .
21. Attorney for appellant Address (CERTIFICATE OF SERVICE)
(3)
Notice of cross appeal.#
1. IN THE COURT OF COUNTY
2. STATE OF GEORGIA
3. )
4. Plaintiffs )
5. )
6. v. ) Civil action
7. ) File no.
8. )
9. )
10. Defendants )
11. NOTICE OF CROSS APPEAL
12. Notice is hereby given that , one of the defendants above-named, hereby cross appeals to the (Court of Appeals or Supreme Court) from the (describe order or judgment) entered in this action on (date) , .
13. Notice of appeal was heretofore filed on (date) , .
14. The clerk will please include the following in the record on appeal, all of which were designated for omission by appellant:
15. 1.
16. 2.
17. 3.
18. Transcript of evidence and proceedings (will be filed) (will not be filed) (has already been designated to be filed by appellant) for inclusion in the record on appeal.
19. Dated: .
20. Attorney for cross appellant Address (CERTIFICATE OF SERVICE)
(4)
Enumeration of errors.#
1. ENUMERATION OF ERRORS
2. 1. The court erred in charging the jury on gross negligence.
3. 2. The court erred in admitting the testimony of witness Smith concerning his opinion as to how the collision happened.
4. 3. The court erred in refusing to grant a mistrial because of the misconduct of plaintiff’s attorney in oral argument.
5. 4. The court erred in refusing to admit in evidence testimony of witness Jones concerning his estimate as to damages.
6. 5. The court erred in denying defendant’s motion for continuance.

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, § 20; Ga. L. 1966, p. 493, §§ 8, 8A; Ga. L. 1973, p. 303, § 2; Ga. L. 1984, p. 22, § 5; Ga. L. 1999, p. 81, § 5.

Code Commission notes

The sentences in paragraphs (1) and (2) relating to motion for new trial or motion for judgment n.o.v. would be included only where such a motion was filed, for the purpose of showing that the time for appeal from the judgment complained of had been automatically extended under Code Section 5-6-38.

Cross references

Objection to failure to comply with Appellate Practice Act, Rules of the Supreme Court of the State of Georgia, Rule 20. Objections to records or transcripts, Rules of the Court of Appeals of the State of Georgia, Rule 47.

Law reviews

For article, ‘‘The Appellate Procedure Act of 1965,’’ (Art. 2, Ch. 6, T. 5), see 1 Ga. St. B.J. 451 (1965). For article, ‘‘1966 Amendments to the Appellate Procedure Act of 1965,’’ (Art. 2, Ch. 6, T. 5), see 2 Ga. St. B.J. 433 (1966). For article, ‘‘The 1967 Amendments to the Georgia Civil Practice Act (Ch. 11, T. 9), and the Appellate Procedure Act (Art. 2, Ch. 6, T. 5),’’ see 3 Ga. St. B.J. 383 (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 754 to 758; merge action: annotated; file SHA-256 290d3a1d6843.

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