An appeal is a request asking a higher court to review the decision of a lower court. It is not a new trial and not a second chance to present evidence. Instead, an appeal asks the appellate court to examine the record of what happened in the trial court and to determine whether legal error affected the outcome. This guide explains how appeals work in Georgia, the courts involved, the deadlines and procedures set by statute, and the standards an appellate court applies.
The Purpose of an Appeal
The appellate process exists to correct legal errors and to promote consistency in how the law is applied. When a party believes the trial court made a mistake of law, an appeal allows a higher court to review that decision. The appellate court does not hear witnesses or receive new evidence. It works from the existing record, which includes the pleadings, the transcript of the proceedings, the exhibits, and the trial court’s rulings.
Because an appeal focuses on legal error rather than a fresh look at the facts, the party bringing the appeal generally must identify a specific error and show that it mattered to the result.
Georgia’s Appellate Courts
Georgia has two appellate courts. The Court of Appeals of Georgia and the Supreme Court of Georgia.
The Court of Appeals handles the majority of appeals from Georgia’s trial courts in both civil and criminal cases. The Supreme Court of Georgia handles certain categories of cases assigned to it by the Georgia Constitution and by statute, including cases that present questions about the construction of the state Constitution, election contests, and other specified matters. The two courts together form the appellate level of the Georgia court system, sitting above trial courts such as the superior courts, state courts, and other courts of original jurisdiction.
Direct Appeals and Discretionary Appeals
Georgia law distinguishes between two principal routes to appellate review.
A direct appeal is available for many final judgments. O.C.G.A. Section 5-6-34 identifies the judgments and rulings that are directly appealable. A direct appeal is initiated by filing a notice of appeal.
A discretionary appeal applies to categories of cases that the law does not allow to be appealed directly. O.C.G.A. Section 5-6-35 lists matters that require an application for appeal. In those cases, the party must first file an application asking the appellate court for permission to appeal, and the appeal proceeds only if the court grants that application.
There is also a procedure for the interlocutory appeal of certain non-final rulings, which involves obtaining a certificate from the trial court and permission from the appellate court before the case is otherwise concluded.
The Notice of Appeal and the 30-Day Deadline
For a direct appeal, the appeal begins with a notice of appeal filed with the clerk of the trial court that entered the judgment. O.C.G.A. Section 5-6-37 describes what the notice of appeal must contain, including identification of the judgment being appealed and the court to which the appeal is taken.
The timing is governed by O.C.G.A. Section 5-6-38. A notice of appeal generally must be filed within 30 days after the entry of the judgment or order being appealed. The 30-day period is jurisdictional. Georgia courts have explained that unless the appellate court’s jurisdiction is invoked within that period, the appellate court is without authority to review the trial court’s judgment. Certain post-trial motions, such as a timely motion for new trial, can extend the time for filing a notice of appeal, with the 30-day period then running from the ruling on that motion.
The Record and the Briefs
After a notice of appeal is filed, the record from the trial court is prepared and transmitted to the appellate court. The record includes the documents filed in the case and, where applicable, the transcript of the proceedings. The transcript is important because the appellate court reviews what actually occurred, and a missing or incomplete transcript can limit what the appellate court is able to consider.
The parties then submit written briefs. The appellant, the party bringing the appeal, files a brief identifying the claimed errors and explaining the legal basis for reversal. The appellee, the party defending the judgment, files a brief in response. The appellate court may also hear oral argument, though many appeals are decided on the briefs and the record alone.
Standards of Review
An appellate court does not treat every issue the same way. The standard of review describes how much deference the appellate court gives to the trial court’s decision.
Questions of law are reviewed without deference. The appellate court decides the legal question for itself. Findings of fact made by a judge in a bench trial are reviewed under the clearly erroneous standard and are upheld if any evidence supports them. The verdict of a jury receives substantial deference and is upheld if there is evidence to support it. Many discretionary decisions of the trial court, such as certain evidentiary rulings, are reviewed for abuse of discretion, meaning they are reversed only if the trial court acted unreasonably. These standards reflect the principle that the trial court is in the best position to weigh testimony and manage the trial, while legal questions are the particular province of the appellate court.
Possible Outcomes
After reviewing the case, an appellate court can affirm the judgment, leaving it in place. It can reverse the judgment, undoing it. It can vacate a judgment and remand the case, sending it back to the trial court for further proceedings consistent with the appellate court’s decision. The appellate court may also affirm in part and reverse in part where a case presents several issues. An appellate court’s decision can in turn be the subject of further review, such as a petition asking the Supreme Court of Georgia to review a decision of the Court of Appeals.
Summary
An appeal in Georgia is a review by a higher court of a lower court’s decision, focused on legal error rather than a retrial of the facts. The Court of Appeals of Georgia and the Supreme Court of Georgia form the appellate level of the court system. Direct appeals are governed by O.C.G.A. Section 5-6-34, discretionary appeals by O.C.G.A. Section 5-6-35, and the controlling deadline by O.C.G.A. Section 5-6-38, which generally requires a notice of appeal within 30 days of the judgment. The appellate court works from the trial record, applies standards of review that vary by the type of issue, and may affirm, reverse, vacate, or remand.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.