From the Supreme Court

Georgia Supreme Court Amends Rules on Filing Fees and Oral Argument

The Supreme Court of Georgia has amended two rules recently: Rule 5 (Jan. 1, 2012) and Rule 50 (Mar. 9, 2012).
Under the revised Rule 5, the Clerk of the Supreme Court will be prohibited from receiving or filing an application, petition for certiorari or appellant’s brief in a direct appeal until the party submitting the document pays the required costs or provides sufficient evidence of “indigency.”

Under the amended rule, for parties who can afford to pay, no filings will be accepted until the required $300 is paid in most civil cases and $80 is paid in criminal and most habeas corpus cases. Costs will not be required if the party satisfies one of the four methods for proving indigent status described in the rule, which now allows the filing of an affidavit of “indigency” in the Supreme Court. Under the prior version of the rule, indigent status had to be granted by the trial court.

The amended Rule 5 took effect on March 1, 2012, and applies to all filings on or after that date.

The change to Rule 50 of the Rules of the Supreme Courtof the State of Georgia revises when oral argument is mandatory by adding that oral argument is required in granted interim review cases and in death penalty habeas corpus appeals.

The amended Rule 50 took effect on March 9, 2012.


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