Georgia Appellate Practice Handbook - Alston & Bird LLP

GEORGIA APPELLATE PRACTICE HANDBOOK
the record to the appellate court is waived unless the objection is made and ruled upon in the trial
court prior to the transmittal of the record, and such order is properly appealed. 30
§ 1.2.4 Docketing
Upon the docketing of every appeal and application for appeal to the Court of Appeals, the
clerk mails notice of the docketing date and schedule for briefi ng to all counsel. 31 Failure of counsel
to receive a docketing notice does not relieve counsel of the responsibility to fi le briefs timely. 32
No appeal to the Court of Appeals is docketed until the notice of appeal and a record, and
transcript if requested, are fi led in the clerk’s offi ce. 33 Appeals or applications transferred to the
Court of Appeals from the Supreme Court will be docketed as of the date they are received in the
Court of Appeals. 34 Any Court of Appeals case docketed before the entire record is received by the
Court of Appeals may, at the parties’ request, be remanded to the trial court until such time as the
record is so prepared and delivered to the Court of Appeals. 35
In the Supreme Court, if a record is supplemented pursuant to O.C.G.A. § 5-6-41(f) or
§ 5-6-48(d), a party wanting to present an issue in the Supreme Court relating to the trial court
proceeding in which the record was supplemented must fi rst raise the issue before the trial court and
then fi le additional enumerations of error and a brief. 36 The additional enumerations of error and
brief must be fi led within 10 days after: (i) docketing of the supplemental record in Supreme Court;
or (ii) the trial court rules on the issue raised, whichever date is later. 37 Opposing parties may fi le
a supplemental brief within 20 days after docketing or after the trial court rules on the issue raised,
whichever date is later. 38
30 GA. S. CT. R. 74; GA. CT. APP. R. 20.
31 GA. CT. APP. R. 13.
32 Id.; see also GA. S. CT. R. 4 (failure of counsel to receive notice of court action shall not be grounds to
reinstate or reconsider any matter adverse to counsel or parties if counsel failed to properly notify the
court of any change of address or telephone number).
33 GA. CT. APP. R. 11(a).
34 GA. CT. APP. R. 11(c).
35 GA. CT. APP. R. 11(d).
36 GA. S. CT. R. 25.
37 Id.
38 Id.
- 6 -