Bill Text: GA HB324 | 2009-2010 | Regular Session | Introduced

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Bill Title: State courts; require payment of costs of an appeal; provisions

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2009-07-01 - Effective Date [HB324 Detail]

Download: Georgia-2009-HB324-Introduced.html

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09 LC 14 9967/AP

House Bill 324 (AS PASSED HOUSE AND SENATE)

By: Representatives Ralston of the 7th and Willard of the 49th

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to superior or state court, so as to require the payment of costs of the tribunal appealed from before hearing of an appeal in state court, in the same manner as currently required in superior court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to superior or state court, is amended by revising Code Section 5-3-22, relating to payment of costs and supersedeas on appeal to superior court, as follows:

"5-3-22.

(a) 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 his 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.

(b) 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 his indigence he or she is unable to give bond."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.