Georgia Appellate Practice Handbook - Alston & Bird LLP

CHAPTER 10: PROCEEDINGS SUBSEQUENT TO DECISIONS
writ of certiorari itself must then be fi led with the clerk of the Georgia Supreme Court within 20
days of judgment or the ruling on a motion for reconsideration, if one was fi led. 42 Simultaneously
with the fi ling of the petition for writ of certiorari in the Supreme Court, counsel must fi le in the
Court of Appeals a notice stating that a petition for writ of certiorari has been fi led in the Supreme
Court. 43
§ 10.4.4 Filing and Service of Petition for Writ of Certiorari
An original and seven copies of the petition for writ of certiorari must be fi led in the
Supreme Court, and the opposing attorney or pro se party must be served with a copy of the
petition. 44 A copy of the Court of Appeals opinion or order must be attached to each copy of the
petition for writ of certiorari. 45
§ 10.4.5 Transmittal of Record to the Georgia Supreme Court
The clerk of the Court of Appeals is responsible for transmitting the record and a certifi ed
copy of the Court of Appeals opinion and judgment to the Supreme Court. 46
§ 10.4.6 Grounds for Granting Writ of Certiorari
The review of a case on certiorari is not a matter of right, but a matter of judicial discretion. 47
The Georgia Supreme Court will grant writs of certiorari “only in cases of great concern, gravity,
or importance to the public.” 48 The Supreme Court will not ordinarily grant certiorari: (i) to review
the suffi ciency of evidence; or (ii) where the Court of Appeals has affi rmed the denial of a motion
to dismiss, denial of a motion for judgment on the pleadings, or a denial of a motion for summary
judgment. 49
42 GA. S. CT. R. 38(2).
43 GA. CT. APP. R. 38(a)(2).
44 GA. S. CT. R. 14 & 15.
45 GA. S. CT. R. 39.
46 GA. S. CT. R. 43.
47 See GA. S. CT. R. 40.
48 Id.
49 Id. But see Country Club Apartments, Inc. v. Scott, 246 Ga. 443, 271 S.E.2d 841 (1980) (granting
certiorari where confusion of law regarding important issue was evidenced by split vote in Court of
Appeals).
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