How to Appeal a Court’s Decision in Georgia?
If either party is displeased with a trial court decision in Georgia, they have the right to appeal. You have only thirty days following the final court ruling to file your appeal. You start the pro-cess by filing a notice of appeal.
Notice of Appeal
The notice of appeal is a document you file in the court where your trial took place. It alerts the lower court that they need to inform the appellate court of an appeal. In it, you specify what transcripts you want to be included when they send the package to the appellate court. Your notice of appeal will include your name and contact information, the docket and case numbers, all lawyer contact information as well as the following:
- A concise statement of the case and final ruling.
- Designation of record (what documents are included in the appeal).
- If a criminal offense, details of the final ruling and punishment issued.
- $80 fee for a criminal case and $300 fee for a civil case.
After filing your notice of appeal, you have twenty days to prepare your brief. The brief must include sections that summarize the initial trial, arguments that cite references in the transcripts as well as precedent cases that support your claim that an error has been made. You must also include a conclusion and a request for resolution.
After you as the appellant file your brief, the appellee has forty days to prepare their own. If either party needs more time to prepare their statements, they can request a motion for extension.
Either party has the right to request an oral argument before a ruling is made. You will present your case in front of a panel of three or more judges.
Cases are reviewed on a first-come-first-serve basis, and the appeal process usually takes 6-8 months for a decision to be made. If either party is not happy with the ruling, they can request that it be reviewed again or taken to the Supreme Court.