The appellate process in Georgia is complex, as one cannot simply appeal a case for any reason. In the state of Georgia, an appeal can be made to an appellate court to determine if a mistake of law occurred in the trial court, which is also called the lower court. If the appellate court determines that a mistake of law occurred, the appealing party may be able to have the trial court’s ruling overturned.
There are important rules and deadlines that must be followed when appealing a case in Georgia. If the appeal is allowable under the law, each party will have an opportunity to submit briefs to the appellate court setting forth their arguments in the case regarding the lower court’s ruling. These briefs require extensive legal research and writing, for the attorneys must use legal precedent to support their arguments. In cases where the parties have demonstrated that it would be beneficial to the court to have oral argument in the case, the appellate court may allow the parties to appear before the Court to argue their case in front of the appellate court justices.
After the appellate court has received the information it needs to make a ruling, there are several potential outcomes, including: (1) the Court will issue an order upholding the lower court’s ruling; (2) the Court will issue an order overruling the lower court’s ruling, or (3) the Court will issue an order remanding issues to the lower court for retrial.