Payment of Costs Prerequisite to Appeal; Affidavit of Indigence; Dismissal for Nonpayment Following Court Order; Supersedeas Bond

1. Law
2. Georgia Code
3. Appeal and Error
4. Appeals to Superior or State Court
5. Procedure
6. Payment of Costs Prerequisite to Appeal; Affidavit of Indigence; Dismissal for Nonpayment Following Court Order; Supersedeas Bond

1. No appeal shall be heard in the superior or state court until any costs which have accrued in the court, agency, or tribunal below have been paid unless the appellant files with the superior or state court or with the court, agency, or tribunal appealed from an affidavit stating that because of indigence he or she is unable to pay the costs on appeal. In all cases, no appeal shall be dismissed in the superior or state court because of nonpayment of the costs below until the appellant has been directed by the court to do so and has failed to comply with the court's direction.
2. Filing of the notice of appeal and payment of costs or filing of an affidavit as provided in subsection (a) of this Code section shall act as supersedeas, and it shall not be necessary that a supersedeas bond be filed; provided, however, that the superior or state court upon motion may at any time require that supersedeas bond with good security be given in such amount as the court may deem necessary unless the appellant files with the court an affidavit stating that because of indigence he or she is unable to give bond.

(Laws 1799, Cobb's 1851 Digest, p. 494; Code 1863, § 3536; Code 1868, § 3559; Code 1873, § 3616; Code 1882, § 3616; Civil Code 1895, § 4458; Civil Code 1910, § 5003; Code 1933, § 6-105; Ga. L. 1972, p. 738, § 4; Ga. L. 1995, p. 10, § 5; Ga. L. 2009, p. 647, § 1/HB 324.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, §§ 421, 583, 851. 14 Am. Jur. 2d, Certiorari, § 53 et seq.

C.J.S.

- 4 C.J.S., Appeal and Error, §§ 427 et seq., 535.

ALR.

- Liability of surety in appeal bond where there was no supersedeas for costs in court below, 12 A.L.R. 721.

Validity of judgment entered on appeal or supersedeas bond without previous notice and opportunity to be heard, 86 A.L.R. 308.

Amount named in appeal or supersedeas bond as the maximum limit of sureties' liability or as a limitation of the amount which they undertake shall be paid on the judgment appealed from, 87 A.L.R. 257.

Liability on supersedeas bond which was legally insufficient to effect stay, where enforcement of judgment was in fact suspended, 120 A.L.R. 1062.

Condition of bond on appeal not in terms covering payment of money judgment, as having that effect by implication or construction, 124 A.L.R. 501.

Supersedeas stay, or bail upon appeal in habeas corpus, 143 A.L.R. 1354.

When appeal is or is not deemed to have been prosecuted "with effect" or "to effect" within condition of supersedeas bond, 163 A.L.R. 410.

Attorneys' fees paid by appellee in resisting unsuccessful appellate review as damages recoverable on appeal bond, 37 A.L.R.2d 525.

Necessity that person acting in fiduciary or representative capacity give bond to maintain appellate review proceedings, 41 A.L.R.2d 1324.

Check or money as meeting requirement of appeal bond, 65 A.L.R.2d 1134.

Taxable costs and disbursements as including expenses for bonds incident to steps taken in action, 90 A.L.R.2d 448.

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