Payment of Costs in Appellate Courts

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The bill of costs and any filing fees in appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by a district attorney shall be paid by the Prosecuting Attorneys' Council of the State of Georgia out of such funds as may be appropriated for the operations of the district attorneys.

(Orig. Code 1863, § 1581; Code 1868, § 1643; Code 1873, § 1649; Code 1882, § 1649; Ga. L. 1884-85, p. 470, § 40; Penal Code 1895, §§ 1101, 1103; Penal Code 1910, §§ 1128, 1130; Code 1933, § 24-2906; Ga. L. 1977, p. 1257, § 4; Ga. L. 1997, p. 1319, § 5.)

Cross references.

- Amount of bill of costs for cases carried to Supreme Court or Court of Appeals, § 5-6-4.

JUDICIAL DECISIONS

Fee not collectible by private person voluntarily appearing.

- Fee to be paid by the state for services rendered in the Supreme Court appertains to the office and may not be collected by a private person voluntarily appearing before the Supreme Court. Rozier v. State, 177 Ga. 420, 170 S.E. 241 (1933).

Cited in Stokes v. Fortson, 234 F. Supp. 575 (N.D. Ga. 1964).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Prosecuting Attorneys, § 15.

C.J.S.

- 27 C.J.S., District and Prosecuting Attorneys, § 32 et seq.


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