§ 5-3-7 — Governing practices and procedures; time for petitioning for review; parties; requirements of petition; amendable defects; service

Georgia § 5-3-7

• Jurisdiction: Georgia
• Title: 5

Text

(a) Except as otherwise prescribed by law, superior and state court appellate practices and procedures not prescribed in this chapter shall be governed by the applicable superior or state court rules and orders of the reviewing court not in conflict with this chapter. (b) Except as otherwise prescribed by law, a petitioner shall file a petition for review with the clerk of the reviewing court within 30 days after the final judgment of the lower judicatory is: (1) Signed and notice of the final judgment has been provided to all parties, if the lower judicatory does not have a clerk; or (2) Filed or recorded, whichever first occurs, if the lower judicatory has a clerk. (c) Except as provided in subsection (d) of this Code section, all parties to the proceedings in the lower judicatory are parties in the reviewing court. (d) Except for reasons other than having rendered the final judgment under review, any judge, official, or member of a lower judicatory that rendered the final judgment under review shall not be a party, defendant, or respondent in a petition for review. To correct such error, the reviewing court shall: (1) Require a petitioner to amend the petition for review; or (2) Upon the reviewing court's own motion, order the erroneously named judge, official, or member of a lower judicatory dismissed. (e) Except as otherwise required by law, a petition for review shall contain in substantially similar form the following: (1) A caption stating the name of the petitioner and the name of the respondent, if any; (2) The title "Petition for review to superior court" or "'petition for review to state court" below the caption; (3) A body that includes the following: (A) The statement: "( name of petitioner ), the petitioner named above, petitions the (Superior or State) Court of ( name of county ) for review of the final judgment rendered by ( name of lower judicatory ) on ( date ) with the following case number designated by the lower judicatory: ( lower judicatory case number )."; (B) A concise statement of the final judgment being appealed; (C) A brief statement describing any existing recording, transcript, or other record of evidence in the lower judicatory; and (D) If the case before the lower judicatory is a criminal case, then a brief statement of the offense and sentence prescribed by the lower judicatory, if any, including whether the petitioner is confined in jail or otherwise incarcerated pending the appeal; and (4) The name, mailing address, telephone number, and email address, if any, of: (A) The attorney for the petitioner; or (B) The petitioner, if the petitioner is not represented by an attorney. (f) Failure to provide the information required by subsection (e) of this Code section shall be an amendable defect, and such defect shall be cured as directed by the reviewing court. (g) The petitioner shall serve a copy of the petition for review on all parties within five days after filing the petition for review in the reviewing court. (h) The petitioner shall serve the lower judicatory with a copy of the filed petition for review within five days after filing the petition for review in the reviewing court. The copy of the petition for review served on the lower judicatory shall contain the case number assigned by the reviewing court. If the lower judicatory has a clerk, the copy of the petition for review shall be deemed served on the lower judicatory by service of a copy of the petition for review on the clerk.

Legislative History

Amended by 2023 Ga. Laws 352,§ 1, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after 71/1/2023. Added by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date. Repealed by 2022 Ga. Laws 875,§ 1-1, eff. 7/1/2023.