What happens if I miss the Georgia notice of appeal deadline?

A notice of appeal must be filed within the 30 days set by OCGA 5-6-38(a), or within a single extension granted under OCGA 5-6-39 that was requested before the period ran out. Only one extension is allowed, so once the original or extended period has passed, OCGA 5-6-39 offers no further extension.

Where do I file a Georgia notice of appeal?

File it with the clerk of the trial court that entered the judgment, not with the Court of Appeals of Georgia or the Supreme Court of Georgia (OCGA 5-6-37). The notice must also state why the Court of Appeals, rather than the Supreme Court, has jurisdiction (OCGA 5-6-37; Court of Appeals of Georgia Rules 2 and 6), since Georgia splits civil appellate jurisdiction between the two courts by subject matter (OCGA 5-6-34, 5-6-35).

Does filing a Georgia notice of appeal stop the other side from collecting the judgment?

Do not assume it does. Filing a notice of appeal does not by itself stop the other side from collecting the judgment; a stay or supersedeas bond does. Before relying on a stay, ask the trial court clerk or an attorney how one applies to your judgment.

Is there an official Georgia notice of appeal form?

No. Georgia has no mandatory, numbered notice-of-appeal form; the Court of Appeals of Georgia's Citizen's Guide includes only a sample template, which is marked not to be filed with the Court of Appeals itself. Your notice must still include the contents OCGA 5-6-37 and Court of Appeals of Georgia Rules 2 and 6 require.

How do I appeal a Georgia magistrate court (small claims) judgment?

Not with a notice of appeal. Since July 1, 2023, a magistrate court civil judgment is appealed by filing a Petition for Review with the clerk of the state or superior court of the county within 30 days after the judgment is filed or recorded, whichever occurs first, or, if the magistrate court has no clerk, within 30 days after it is signed and notice is provided to all parties (OCGA 5-3-7(b)). No petition lies from a default judgment or from a dismissal for want of prosecution after the plaintiff fails to appear for trial (OCGA 15-10-41(b)(2)). The reviewing court retries the case de novo (OCGA 15-10-41(b)(1); OCGA 5-3-5(b)).

How much does it cost to file a notice of appeal in Georgia?

The Court of Appeals of Georgia charges a filing cost for a civil direct appeal or application under OCGA 5-6-4, paid by the time the appellant files the brief in a direct appeal; confirm the current fee with the clerk. A party who cannot pay may instead file a notarized pauper's affidavit under Court of Appeals of Georgia Rule 5.

Does a Georgia appeal get me a new trial?

Generally no. The Court of Appeals of Georgia or the Supreme Court of Georgia reviews the trial court record for legal error; it does not retry the facts. The exception is a magistrate court Petition for Review, which is a true de novo proceeding in the state or superior court (OCGA 15-10-41(b)(1); OCGA 5-3-5(b)). Criminal appeals, appeals from state agencies, appeals to federal court, and interlocutory appeals follow different rules not covered here.

Georgia Notice of Appeal

Q: How long do I have to file a notice of appeal in Georgia?

A notice of appeal must be filed within 30 days after entry of the judgment or order you are appealing, not 30 days after you are served with notice of entry (OCGA 5-6-38(a)). If a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict was filed, the 30 days instead runs from entry of the order finally disposing of that motion.

Q: Can a Georgia notice of appeal deadline be extended?

Only within narrow limits. The trial judge, or a judge of the appellate court, may grant one discretionary extension without a motion or notice to the other side, but it cannot exceed the time otherwise allowed for filing (a further 30 days at most), and it must be requested before the current period runs out (OCGA 5-6-39(a)(1), (c), (d)). Outside that single extension, the deadline generally cannot be extended.

Georgia counts the 30 days from entry of the judgment rather than service, allows only one narrow extension, and sends magistrate court judgments to state or superior court by Petition for Review instead.

Find out where you stand in Georgia

Where are you in the appeal?

DocDraft provides document preparation, not legal advice.

Introduction

Georgia requires a notice of appeal from a final judgment of a state trial court to be filed within 30 days after entry of the judgment or order being appealed, not 30 days after you are served with notice of entry (OCGA 5-6-38(a)). If a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict was filed, the 30 days runs instead from entry of the order granting, overruling, or otherwise finally disposing of that motion (OCGA 5-6-38(a)). The trial judge, or a judge of the appellate court the case is headed to, may in their discretion grant one extension of this deadline without a motion or notice to the other side, but that extension cannot exceed the time otherwise allowed for filing, a further 30 days at most, and it must be requested before the original or already-extended period runs out (OCGA 5-6-39(a)(1), (c), (d)); outside that single extension, the 30-day deadline generally cannot be extended. The notice is filed with the clerk of the trial court that entered the judgment, never with the appellate court itself, and it must state whether the case is headed to the Court of Appeals of Georgia or the Supreme Court of Georgia, since Georgia divides civil appellate jurisdiction between the two courts by subject matter (OCGA 5-6-34, 5-6-35). Georgia has no mandatory, numbered notice-of-appeal form; the Court of Appeals of Georgia's Citizen's Guide includes only a sample template. Since July 1, 2023, a magistrate court (small-claims-scale) judgment is no longer appealed with a notice of appeal at all; it instead requires a Petition for Review filed with the state or superior court within 30 days after the magistrate judgment is filed or recorded, whichever occurs first (or, if the magistrate court has no clerk, after it is signed and notice is provided to all parties), and that court retries the case from the start (OCGA 5-3-7(b); OCGA 15-10-41(b)(1)). No Petition for Review lies from a magistrate default judgment or from a dismissal for want of prosecution after the plaintiff fails to appear for trial (OCGA 15-10-41(b)(2)). Criminal appeals, appeals from state agencies, appeals to federal court, and interlocutory (non-final) appeals each follow different rules not covered on this page. This page builds a complete Georgia notice of appeal for a civil judgment, with attorney review available before you file it.

Key Things to Know

1
A notice of appeal in Georgia must be filed within 30 days after entry of the judgment or order appealed from, not 30 days after you are served with notice of entry; if a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict was filed, the 30 days instead runs from entry of the order finally disposing of that motion (OCGA 5-6-38(a)).
2
The trial judge, or a judge of the appellate court, may grant one discretionary extension of the notice-of-appeal deadline without a motion or notice to the other party, but the extension cannot exceed the time otherwise allowed for filing (a further 30 days at most) and must be requested before the current period expires (OCGA 5-6-39(a)(1), (c), (d)); beyond that one extension, the deadline generally cannot be extended.
3
File the notice of appeal with the clerk of the trial court that entered the judgment, not with the Court of Appeals of Georgia or the Supreme Court of Georgia; the notice must also state why the Court of Appeals, rather than the Supreme Court, has jurisdiction (OCGA 5-6-37; Court of Appeals of Georgia Rules 2 and 6), since Georgia divides civil appellate jurisdiction between the two courts by subject matter (OCGA 5-6-34, 5-6-35).
4
Georgia has no mandatory, numbered notice-of-appeal form; the Court of Appeals of Georgia's Citizen's Guide contains only a sample template, marked not to be filed with the Court of Appeals itself.
5
The Court of Appeals of Georgia charges a filing cost for a civil direct appeal or application under OCGA 5-6-4, payable by the time the appellant files the brief in a direct appeal (confirm the current fee with the clerk); a party who cannot pay may instead file a notarized pauper's affidavit under Court of Appeals of Georgia Rule 5.
6
Georgia does not require the appellant to file a separate docketing statement: the trial court clerk prepares and transmits the record, and the Clerk of the Court of Appeals of Georgia then sends the parties a Docketing Notice with the briefing deadlines (OCGA 5-6-42; Court of Appeals of Georgia Rules 11, 13).
7
A magistrate court (small-claims-scale) judgment is no longer appealed with a notice of appeal: since July 1, 2023, it requires a Petition for Review filed with the state or superior court of the county within 30 days after the judgment is filed or recorded, whichever occurs first (or, where the magistrate court has no clerk, after it is signed and notice is provided to all parties), and that reviewing court retries the case de novo (OCGA 5-3-7(b); OCGA 15-10-41(b)(1)); no petition lies from a default judgment or a dismissal for want of prosecution (OCGA 15-10-41(b)(2)).

Key decisions before you file

Before you file a Notice of Appeal in Georgia, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

Customize your Notice of Appeal Template with DocDraft

IN THE [NAME OF TRIAL COURT] OF [COUNTY] COUNTY STATE OF GEORGIA

[APPELLANT NAME], [PLAINTIFF OR DEFENDANT] Below, Appellant,

v. CIVIL ACTION FILE NO. [CASE NUMBER]

[APPELLEE NAME], [PLAINTIFF OR DEFENDANT] Below, Appellee.

NOTICE OF APPEAL

COMES NOW [APPELLANT NAME], of [APPELLANT'S ADDRESS], [APPELLANT'S PHONE NUMBER] [BAR NUMBER, IF AN ATTORNEY], the [PLAINTIFF OR DEFENDANT] in the above-styled case, and files this notice of appeal under OCGA 5-6-37 and OCGA 5-6-38(a) from the [DESCRIPTION OF THE JUDGMENT, ORDER, OR RULING APPEALED FROM] entered in this action on [DATE OF ENTRY].

APPELLATE JURISDICTION

This appeal is taken to the [COURT OF APPEALS OF GEORGIA OR THE SUPREME COURT OF GEORGIA]. [STATEMENT OF WHY THIS COURT, RATHER THAN THE OTHER APPELLATE COURT, HAS JURISDICTION OVER THIS APPEAL].

RECORD ON APPEAL

[IF APPLICABLE: APPELLANT DESIGNATES THE FOLLOWING PORTIONS OF THE RECORD TO BE OMITTED FROM THE RECORD ON APPEAL: DESCRIPTION OF OMITTED MATERIAL]

TRANSCRIPT

[IF APPLICABLE: A TRANSCRIPT OF THE PROCEEDINGS WILL BE INCLUDED IN THE RECORD ON APPEAL AND WILL BE FILED WITHIN 30 DAYS OF THIS NOTICE UNDER OCGA 5-6-42] [IF APPLICABLE: NO TRANSCRIPT WILL BE INCLUDED IN THE RECORD ON APPEAL]

CERTIFICATE OF SERVICE

I certify that I have this day served a copy of this Notice of Appeal on [OPPOSING PARTY OR ATTORNEY NAME], at [OPPOSING PARTY OR ATTORNEY'S COMPLETE ADDRESS], by [U.S. MAIL, ELECTRONIC SERVICE, OR PERSONAL SERVICE].

This [DAY] day of [MONTH], [YEAR].

Respectfully submitted,

[SIGNATURE] [APPELLANT NAME] [APPELLANT'S ADDRESS] [APPELLANT'S PHONE NUMBER] [APPELLANT'S EMAIL] [BAR NUMBER, IF AN ATTORNEY]

Georgia Requirements for Notice of Appeal

30-Day Notice of Appeal Deadline
OCGA 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment or order appealed from, not 30 days after service of notice of entry; if a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict was filed, the 30 days instead runs from entry of the order finally disposing of that motion.
One Discretionary Extension, No More
OCGA 5-6-39(a)(1), (c), and (d) let the trial judge, or a judge of the appellate court, grant only one extension of the notice-of-appeal deadline, in their discretion and without a motion or notice to the other side, capped at the time otherwise allowed for filing (a further 30 days at most), and only if requested before the current period runs out.
File With the Trial Court, Not the Appellate Court
OCGA 5-6-37 requires the notice of appeal to be filed with the clerk of the trial court that entered the judgment, never directly with the Court of Appeals of Georgia or the Supreme Court of Georgia; under OCGA 5-6-37 and Court of Appeals of Georgia Rules 2 and 6, the notice must state why the Court of Appeals, rather than the Supreme Court, has jurisdiction.
No Mandatory Notice-of-Appeal Form
Georgia has no mandatory, numbered notice-of-appeal form. The Court of Appeals of Georgia's Citizen's Guide includes only a sample template, marked not to be filed with the Court of Appeals itself; the notice must still include the contents OCGA 5-6-37 and Court of Appeals of Georgia Rules 2 and 6 require.
Court of Appeals Filing Cost
OCGA 5-6-4 sets the cost of filing a civil direct appeal or application with the Court of Appeals of Georgia, payable by the time the appellant files the brief in a direct appeal; confirm the current fee with the clerk. A party who cannot pay may instead file a notarized pauper's affidavit under Court of Appeals of Georgia Rule 5.
Magistrate Appeals Use a Petition for Review
Since July 1, 2023, a magistrate court civil judgment is no longer appealed with a notice of appeal; OCGA 5-3-7(b) requires a Petition for Review filed with the state or superior court of the county within 30 days after the judgment is filed or recorded, whichever occurs first (or, with no magistrate clerk, after it is signed and notice is provided), and OCGA 15-10-41(b)(1) makes that court retry the case de novo. No petition lies from a default judgment or a dismissal for want of prosecution.
Transcript Due 30 Days After the Notice
OCGA 5-6-42 requires the party responsible for the transcript to cause it to be filed within 30 days after the notice of appeal is filed, or after the appellee's designation of the record if later, unless that time is extended under OCGA 5-6-39.

Find out where you stand in Georgia

Introduction

Key Things to Know

Key decisions before you file

Customize your Notice of Appeal Template with DocDraft

Georgia Requirements for Notice of Appeal

30-Day Notice of Appeal Deadline

One Discretionary Extension, No More

File With the Trial Court, Not the Appellate Court

No Mandatory Notice-of-Appeal Form

Court of Appeals Filing Cost

Magistrate Appeals Use a Petition for Review

Transcript Due 30 Days After the Notice

Frequently Asked Questions