A Comprehensive Guide to the Court of Appeals, Atlanta
The Georgia Court of Appeals serves as the intermediate appellate court in the state and may certify legal questions to the Supreme Court.
What Does the Georgia Court of Appeals Do?
The Georgia Court of Appeals reviews decisions of lower courts. It does not hear new evidence or witnesses. It merely determines the correctness of a trial court judge’s decisions. Generally, the Court of Appeals will affirm a decision – if it is correct, reverse a decision – if it is legally incorrect, or return the case to the trial judge for more information.
If you decide to appeal your case in Atlanta, Georgia, it is wise to retain the services of a reputable appellate lawyer.
Conklin Law can help answer many of your questions about appeals and represent you in both civil and criminal appeals.
Jurisdiction of the Court of Appeals Atlanta, GA
The Georgia Court of Appeals is the intermediate appellate court in Georgia. All cases outside the Supreme Court’s original jurisdiction, such as those involving constitutional questions, murder, and habeas corpus, are handled by the Court of Appeals. If necessary, the Court of Appeals can submit legal questions to the Supreme Court for review.
Appeals reach the Court of Appeals in two ways: through direct appeals, which are appeals that are made as a matter of right, or through discretionary appeals, which are appeals that the Court of Appeals grants. Discretionary review is generally only granted if there appears to be a reversible error, if precedent needs to be established, or if the law needs to be further developed.
The Court of Appeals is not the first court in which a case is presented and ruled upon. It only hears appeals on points of law made by parties to cases that have already been heard in another court.
If you are appealing your case to the Georgia Court of Appeals, contact a well-respected and well-established appellate law office. Legal advocacy and representation provide peace of mind and can help your case reach a more favorable outcome.
Location of the Georgia Court of Appeals in Atlanta
The Court of Appeals is located at:
330 Capitol Ave SE, Atlanta, GA 30334
The Court is open weekly from Monday to Friday from 8:30 AM to 4:30 PM.
How Do You Contact the Court of Appeal?
You can contact the Court of Appeals in Atlanta, Georgia, by calling the main phone at 404-656-3450.
Approximate Length of an Appeal in Georgia
The time it takes for an appeal to be heard in Georgia varies considerably. The timeframe depends on how long and complex the case is, as well as how quickly the judge schedules a hearing.
However, once the case moves from the trial court to the Georgia Court of Appeals, there are strict deadlines the Court must follow. After receiving the case, the Georgia Court of Appeals issues a written decision within one year.
Appeal vs. Trial: Are They the Same?
In an appeal, the court reviews the law as applied by the trial court. There is no jury, and the lawyers typically do not present witnesses.
Judges often accept a previous ruling as fact unless the ruling is clearly wrong based on the evidence. An experienced appellate attorney can scrutinize the entire record and identify how a trial court judge made an incorrect ruling based on the evidence.
Atlanta Lawyer to File Appeal in the Georgia Court of Appeals
The appeals process is often complicated. The representation and assistance of a good reputable appellate attorney can significantly improve your chances for a successful outcome, whether you are facing a criminal or civil case.
Navigating your way through the appellate courts in Georgia will undoubtedly be easier with the assistance of a tenacious Atlanta appeals lawyer with several years of experience. Contact Conklin law today.
Frequently Asked Questions
Can I Represent Myself in an Appeal?
Yes, you can. However, the Court does not give anyone special treatment regardless of whether they represent themselves or hire an attorney. Employing the services of an attorney is essential to navigating this complex process.
Is it Possible for the Court of Appeals to Appoint an Attorney to Represent Me?
No. The trial court can only appoint attorneys under certain circumstances. The Appeals Court of Atlanta cannot appoint attorneys under any circumstances.
Does a Jury Decide a Court of Appeals Case?
The case is assigned to a panel of three judges once it is docketed in the Court of Appeals. Depending on the outcome, the panel will affirm, reverse, or remand (return the case to the trial court for further proceedings) the trial court’s decision.
How Many Appellate Courts Are There in Atlanta?
In Georgia, there are two appellate courts: The Georgia Court of Appeals, and the Supreme Court of Georgia. Both are located in Atlanta and hear appeals from cases arising across Georgia.
In addition, a federal court of appeals, the United States Court of Appeals for the Eleventh Circuit, is located in Atlanta. The Eleventh Circuit has jurisdiction over federal cases arising in Alabama, Florida, and Georgia.