Ga. Ct. App. R. 4

As amended through April 15, 2024
Rule 4 - Court Filings and Determination of Filing Date
(a)Physical Delivery Paper Filing.

This section applies to pro se parties and counsel exempt from the electronic filing requirements. Except as otherwise provided in this rule, a paper filing will be deemed filed in the Court of Appeals on the date and time it is physically received in the office of the Clerk of the Court of Appeals with sufficient costs, if applicable, a proper certificate of service, stamped "filed," and otherwise in conformity with these rules.

(b) Filing by Mail or Commercial Delivery.

This section applies to pro se parties and counsel exempt from the electronic filing requirements. A document transmitted to the office of the Clerk by United States Postal Service priority, express, or first-class mail (including certified or registered mail) or by a commercial carrier for overnight delivery shall be deemed filed on the date shown by the official postmark affixed by the United States Postal Service (not a private or commercial postage meter) or the date shown on the commercial carrier's transmittal form on the envelope or package containing the document, if the envelope or package is properly addressed, postage prepaid, and the postmark or transmittal date is legible. Otherwise, the document will be deemed filed on the date the document was physically received in the office of the Clerk. Note: This rule does not apply to motions for reconsideration. See Rule 37(b).

(c) Filings by Pro Se Prisoners.

In the absence of an official United States Postal Service postmark showing a date on or before the filing deadline, a document submitted by a prisoner who is not represented by an attorney shall be deemed filed on the date the prisoner delivers the document to prison officials for forwarding to the Clerk of the Court of Appeals. This delivery shall be shown by the date on the certificate of service or on an affidavit submitted by the prisoner with the document stating the date on which the prisoner gave the document to prison officials with sufficient prepaid postage for first-class mail and the name of the prison official to whom the document was delivered. The certificate or affidavit will give rise to a presumption that the date of filing reflected in the affidavit is accurate, but the State may rebut the presumption with evidence that the document was given to prison officials after the filing deadline or with insufficient postage. If the institution has a system designed for legal mail the prisoner must use it to rely upon the provisions of this paragraph. Note: This rule does not apply to motions for reconsideration. See Rule 37(b).

(d) Electronic Filing/Motions for Reconsideration.

Efiled documents shall be deemed submitted on the date they are filed, up to 11:59 p.m., as long as they comply with this Court's rules, with the exception of motions for reconsideration, which must be filed by 4:30 p.m. See Rule 37(b), Motions for Reconsideration, and Rule 46, Electronic Filing of Documents.

Ga. Ct. App. 4

Rule amended April 23, 2012; October 21, 2014; January 21, 2015; amended effective January 1, 2017; amended Effective February 17, 2021.