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Georgia Appeals from Magistrate to Superior Court

by merlin on April 2nd, 2014
  • Sumo

Following the conclusion of a matter in Magistrate Court in Georgia, an appeal may be had in Superior Court on a de novo basis.  That is very important, by the way – “de novo” is defined by Law.com, at http://dictionary.law.com/Default.aspx?selected=489, as meaning “Latin for “anew,” which means starting over, as in a trial de novo. For example, a decision in a small claims case may be appealed to a local trial court, which may try the case again, de novo.”  Therefore, the Court hears all of the evidence, arguments, etc., fresh.

The appeal is had by filing a notice of appeal with the Magistrate Court no later than thirty (30) days after the judgment complained of, or ten (10) days for dispossessory cases.

The procedure, etc., is governed by Section 5-3-21 of the Official Code of Georgia, which also contains the suggested/strongly recommended form for the Notice of Appeal itself:

(a) An appeal to the superior court may be taken by filing a notice of appeal with the court, agency, or other tribunal appealed from. No particular form shall be necessary for the notice of appeal, but the following is suggested:

                             (NAME OF INFERIOR JUDICATORY)

STATE OF GEORGIA

)

____________                             )

v.                                               )        (Case number designation)

___________                             )

)

APPEAL TO SUPERIOR COURT

   Notice is hereby given that  ______________, appellant(s) herein, hereby appeal to the Superior Court of

    __________County from the judgment (or order, decision, etc.) entered herein on (date).

   Dated:_______________

_______________

Attorney For  Appellant

Address

(b) A copy of the notice of appeal shall be served on all parties in the same manner prescribed by Code Section 5-6-32. Failure to perfect service on any party shall not work dismissal, but the superior court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious determination of the appeal.

This notice of appeal is not precisely identical to the one contained in the statute, as several edits were made for the purpose of placing it on this website.  Further, the form that I employ on behalf of clients is also a little different, but essentially the same.

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