Manner of Service of Notices and Other Papers Upon Parties; Waiver or Acknowledgment of Service

1. Law
2. Georgia Code
3. Appeal and Error
4. Certiorari and Appeals to Appellate Courts Generally
5. Appellate Practice
6. Manner of Service of Notices and Other Papers Upon Parties; Waiver or Acknowledgment of Service

1. Whenever under this article service or the giving of any notice is required or permitted to be made upon a party and the party is represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service of all notices and other papers hereunder and service of motions for new trial, motions in arrest, motions for judgment notwithstanding the verdict, and all other similar motions, orders, and proceedings may be made by the attorney or party filing the notice or paper, in person or by mail, and proof thereof shown by acknowledgment of the attorney or party served, or by certificate of the attorney, party, or other person perfecting service. Service of any paper, motion, or notice may be perfected either before or after filing with the clerk thereof; and when service is made by mail it shall be deemed to be perfected as of the day deposited in the mail. Where the address of any party is unknown and the party is not represented by an attorney of record, service of all notices and other papers referred to above may be perfected on the party by mail directed to the last known address of the party.
2. Service of any notice, motion, or other paper provided for in this article may be waived or acknowledged either before or after filing.

(Ga. L. 1965, p. 18, § 18; Ga. L. 1966, p. 493, § 7; Ga. L. 1968, p. 1072, § 5.)

Cross references.

- Service of motion for supersedeas, Rules of the Supreme Court of the State of Georgia, Rule 12.

Objection to failure to comply with Appellate Practice Act, Rules of the Supreme Court of the State of Georgia, Rule 20.

Filing notice of appeal and cross appeal, Rules of the Supreme Court of the State of Georgia, Rule 38.

Service where capital crime involved, Rules of the Supreme Court of the State of Georgia, Rule 44.

Preparation and filing of motions, Rules of the Court of Appeals of the State of Georgia, Rule 32.

Notices of appeal and cross appeal, Rules of the Court of Appeals of the State of Georgia, Rule 33.

Objections to records or transcripts, Rules of the Court of Appeals of the State of Georgia, Rule 47.

Law reviews.

- For article, "The Appellate Procedure Act of 1965," see 1 Ga. St. B.J. 451 (1965). For article, "1966 Amendments to the Appellate Procedure Act of 1965," see 2 Ga. St. B.J. 433 (1966). For article, "Synopses of 1968 Amendments Appellate Procedure Act and Georgia Civil Practice Act," see 4 Ga. St. B.J. 503 (1968).

JUDICIAL DECISIONS

Section assumedly includes service of rules nisi issued on motions for new trial. Short v. Riles, 141 Ga. App. 881, 234 S.E.2d 710 (1977).

Service of enumeration of errors need be made only by mail. Travelers Ins. Co. v. Burch, 114 Ga. App. 723, 152 S.E.2d 697 (1966).

Service by mail prior to filing of original notice of appeal.

- It is no ground for dismissal of an appeal that service of notice of appeal was made by mail three days before original was filed, or that order was in the first instance erroneously dated. Fidelity & Cas. Co. v. Whitehead, 117 Ga. App. 200, 160 S.E.2d 241 (1968).

Failure to serve notice of appeal as required by section.

- Failure to serve notice of appeal upon appellee's attorney as required by Ga. L. 1965, p. 18, § 18 (see O.C.G.A. § 5-6-32) is insufficient within itself to work dismissal under Ga. L. 1965, p. 18, § 13 and Ga. L. 1965, p. 240, § 1 (see O.C.G.A. § 5-6-48), because the court could require that service be perfected in the manner prescribed by law. Birdwell v. Pippen, 113 Ga. App. 202, 147 S.E.2d 673 (1966).

Trial court not deprived of jurisdiction because appellant fails to serve notice of appeal on appellee as required. Bull v. Bull, 243 Ga. 72, 252 S.E.2d 494 (1979).

Cited in Turner v. Bogle, 115 Ga. App. 710, 155 S.E.2d 667 (1967); City of Atlanta v. Cagle, 146 Ga. App. 324, 246 S.E.2d 380 (1978); Shipman v. Horizon Corp., 151 Ga. App. 242, 259 S.E.2d 221 (1979); McKinney v. Jennings, 246 Ga. App. 862, 542 S.E.2d 580 (2000); Complete Wiring Solutions, LLC v. Astra Group, Inc., 335 Ga. App. 723, 781 S.E.2d 597 (2016); Schuman v. Dep't of Human Servs., 354 Ga. App. 509, 841 S.E.2d 218 (2020).

RESEARCH REFERENCES

C.J.S.

- 4 C.J.S., Appeal and Error, § 453 et seq.

ALR.

- Who is adverse party within statute providing for service of notice of appeal on adverse party, 88 A.L.R. 419.

Necessity that trial court give parties notice and opportunity to be heard before ordering new trial on its own motion, 23 A.L.R.2d 852.

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