5-6-39. Extensions of time for filing notice of appeal, notice of cross appeal, transcript of evidence, designation of record and other similar motions.
229 words·~1 min read·
/ga/title-5-appeal-and-error/article-2-appellate-practice/5-6-39·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any judge of the trial court or any justice or judge of the appellate court to which the appeal is to be taken may, in his discretion, and without motion or notice to the other party, grant extensions of time for the filing of:
Notice of appeal;
Notice of cross appeal;
Transcript of the evidence and proceedings on appeal or in any other instance where filing of the transcript is required or permitted by law;
Designation of record referred to under Code Section 5-6-42; and
Any other similar motion, proceeding, or paper for which a filing time is prescribed.
No extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict.
Only one extension of time shall be granted for filing of a notice of appeal and a notice of cross appeal, and the extension shall not exceed the time otherwise allowed for the filing of the notices initially.
Any application to any court, justice, or judge for an extension must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order. The order granting an extension of time shall be promptly filed with the clerk of the trial court, and the party securing it shall serve copies thereof on all other parties in the manner prescribed by Code Section 5-6-32.