Georgia Appellate Practice Handbook - Alston & Bird LLP

GEORGIA APPELLATE PRACTICE HANDBOOK
§ 1.1.1 General Information
Except for the notice of appeal and where otherwise indicated, all fi lings should be made
with the clerk of the appellate court to which the appeal is being taken. 1 With respect to the Court
of Appeals, a document is deemed fi led when it is physically delivered to the clerk’s offi ce, 2 with
suffi cient costs, if applicable, and clocked in by the clerk’s offi ce staff. 3 A document sent via the
United States Postal Service or commercial delivery service is deemed fi led in the clerk’s offi ce
on the date listed on the offi cial postmark appearing on the document’s transmittal envelope or
container, with the exception of a motion for reconsideration in the Court of Appeals, which is
deemed fi led only on the date it is physically received in the clerk’s offi ce. 4
Alternatively, select motions, briefs, notices and responses are eligible for electronic fi ling
in the Court of Appeals—with the list of approved documents being periodically updated by the
court. 5 Any document submitted to the court’s electronic fi ling system will be deemed fi led on the
date and time received if the document meets all other requirements for fi ling under the relevant
rules of the court. Counsel will be sent an email that a document has been submitted. After the
court’s review, a second email will be sent confi rming the acceptance of the document or rejecting
the document. An acceptance confi rmation email will be proof of the date and time a document is
fi led with the court. If after review the court rejects a document submitted to the e-fi ling system,
the counsel submitting the document will be sent an email with the rejected document attached that
explains the reason for rejection. Counsel may then correct and resubmit the fi ling. 6
The fi ling requirements in the Supreme Court are similar to those of the Court of Appeals.
Properly addressed mail sent by priority, express or fi rst-class mail is deemed fi led as of the date
such mail is postmarked by the U.S. Postal Service. 7 A document sent via a commercial delivery
service, and marked for delivery within three days, is deemed fi led in the clerk’s offi ce on the date
listed on the offi cial postmark appearing on the document’s transmittal envelope or container. 8
1 The offi ces of the clerk of both the Supreme Court and the Court of Appeals are open Monday through
Friday from 8:30 a.m. to 4:30 p.m. GA. S. CT. R. 1; GA. CT. APP. R. 2(a).
2 The Court of Appeals’ clerk’s offi ce has provided a drop box for fi ling documents after hours. GA. CT.
APP. R. 4(a). Any items placed in the drop box after 4:30 p.m., Monday through Friday, will be docketed
to the date the documents were placed in the drop box. Id. The Judicial Building is open from 7:00 a.m.
until 5:00 p.m. Id.
3 GA. CT. APP. R. 4(c).
4 GA. S. CT. R. 13; GA. CT. APP. R. 4(b)-(c).
5 The electronic fi ling system for the Court of Appeals can be accessed at: http://efast.gaappeals.us.
6 See Court of Appeals of Georgia, EFAST Registration and E-Filing Instructions (Nov. 7, 2011), http://
www.gaappeals.us/eFile2/instructions.pdf.
7 GA. S. CT. R. 13.
8 Id.
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