Georgia Appellate Practice Handbook - Alston & Bird LLP

GEORGIA APPELLATE PRACTICE HANDBOOK
§ 6.1 Briefs in the Georgia Court of Appeals 2
§ 6.1.1 Rules Governing Procedure
§ 6.1.1.1 Docketing and Deadlines
Upon the docketing of every appeal and application for appeal, the clerk of court mails
notice of the docketing date and a schedule for briefi ng to all counsel. 3 Failure to receive the court’s
docketing notice does not relieve counsel of the responsibility to fi le a timely brief. 4
Parties are permitted to fi le an appellant’s brief, an appellee’s brief, and a reply brief. 5
An appellant’s brief and enumeration of errors must be fi led within 20 days after the appeal is
docketed. 6 Failure to fi le an appellant’s brief within that time, unless extended upon motion for
good cause shown, may cause the appeal to be dismissed and subject the offender to sanctions for
contempt. 7 A motion for extension of time to fi le an appellant’s brief and enumeration of errors
must be fi led prior to the date the documents are due, or the court may dismiss the appeal. 8
An appellee’s brief must be fi led within 40 days after the appeal is docketed or 20 days
after the fi ling of the appellant’s brief, whichever is later. 9 Failure to fi le a timely appellee’s brief
may result in the brief not being considered and may subject counsel to sanctions for contempt. 10
2 References in this section to counsel include pro se parties. GA. CT. APP. R. 1(d). References to appellants
and appellees include cross-appellants and cross-appellees, respectively.
3 GA. CT. APP. R. 13. The notice contains the docketing date, a schedule for briefi ng to all counsel, and
a warning that failure to timely fi le responsive briefs may result in their non-consideration or subject
counsel to contempt. The notice of docketing of a direct appeal will also include a statement that failure
to fi le the enumeration of errors and appellant’s brief within the time required may result in a dismissal
of the appeal. Id.
4 Id.
5 GA. CT. APP. R. 24(a).
6 GA. CT. APP. R. 23(a). With respect to all briefi ng deadlines in the Court of Appeals, when an expiration
date falls on Saturday, Sunday, or an offi cial state or national holiday, the time is extended to the next
business day. GA. CT. APP. R. 3.
7 GA. CT. APP. R. 23(a).
8 Id.
9 GA. CT. APP. R. 23(b).
10 Id. (requiring the state to fi le briefs in all criminal cases in which it is an appellee); see also GA. CT. APP.
R. 13.
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