Ga. Ct. App. R. 40

As amended through October 9, 2024

Rule 40 - Supersedeas and Emergency Motions

(a)Supersedeas in Civil Cases.

The notice of appeal filed as provided in OCGA §§ 5-6-34(a), 5-6-37, and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant. See OCGA § 5-6-46. Upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court may require a supersedeas bond to be given with such surety and in such amount as the trial court may require. The filing of an application for discretionary appeal shall act as a supersedeas to the same extent as a notice of appeal. See OCGA § 5-6-35(h).

(b) Emergency Motions.

In the exercise of its inherent power, this Court may issue such orders or give such direction to the trial court as may be necessary to preserve jurisdiction of an appeal or to prevent the contested issue from becoming moot. This power shall be exercised sparingly. Generally, no order shall be made or direction given in an appeal until it has been docketed in this Court.

A Rule 40(b) motion shall:

(1) Contain an explanation why an order of this Court is necessary and why the action requested is time-sensitive;

(2) Contain a stamped "filed" copy of the order being appealed;

(3) Contain a stamped "filed" copy of the notice of appeal, if one has been filed in the trial court;

(4) Show that service was perfected upon the opposing party before filing the motion with the Court; and

(5) Be accompanied by the filing fee or evidence that one or more of the fee waiver provisions of Rule 5 apply, unless the motion is filed in a pending case already docketed with the Court. The filing fee shall be in the amount set out in Rule 5, Filing Fees.

Ga. Ct. App. 40

Rule amended July 24, 2014; amended Effective February 17, 2021.